On Saturday, August 3, 2019, at least 20 people were shot and kill and 26 were seriously injured at an El Paso, Texas Walmart when a man armed with a military style assault rifle went into the packed store and opened fired. The 21-year-old man was arrested without incident and identified as Patrick Crusius from a suburb near Dallas, Texas. He was taken into custody without incident.

It is believed by law enforcement that the gunman planned and carefully selected the Walmart store because it was filled with Hispanic families and and shoppers from Mexico. Authorities reported that they found “manifesto” purportedly written by Patrick Crusius, perhaps even in the hours before the shooting attack. His social media activity showed support and sympathy for Trump’s white nationalist agenda. According to one report, the shooter allegedly professed his white nationalist ideology and his belief that Texas is under a “Hispanic invasion” and advocating building Trump’s border wall.

Pages of the manifesto reportedly include anti-immigrant rhetoric going into depth on why he is “against race mixing,” supports the idea to “send them back” and offering a prediction of “genocide.” According to two officials, the manifesto includes remarks attacking immigrants and is sympathetic to a man charged with killing 51 people earlier this year at Christ Church in New Zealand.

Within hours after the El Paso shooting, in the early Sunday morning hours of August 4, 2019, a shooter in body armor wearing a mask and carrying extra magazines opened fire early Sunday in a popular nightlife area of Dayton, Ohio, killing 9 and injuring dozens before being slain by police. Police patrolling the area responded in less than a minute to the shooting, which unfolded Sunday morning around 1 a.m. on the streets of downtown Dayton’s Oregon District. The suspect was identified as 24-year-old Connor Betts, of Bellbrook, Ohio. Betts did not have a record with police. Betts used an assault-style rifle, a .223 caliber weapon with high capacity magazines and wore body armor during the shooting. Law enforcement officials confirmed the suspect’s sister, Megan Betts, 22, was among the nine victims. Multiple law enforcement officials told CBS News there is not a hate crime nexus yet in the Dayton shooting.

https://www.cbsnews.com/live-news/dayton-ohio-shooting-suspect-connor-betts-9-killed-mass-shooting-today-2019-08-04-live-updates/

The El Paso killing is the 2nd mass shootings in two weeks reportedly attributed to white supremacists. Santino William Legan killed three including a 6-year-old attending the Garlic Festival in Gilroy, California, and wounding 12 others. That shooting and the shooting in El Paso were the latest in a growing string of attempted and carried-out mass shootings attributed to overt pro-white racism that has soared since Trump was elected.

https://www.washingtonpost.com/nation/2019/08/03/active-shooter-cielo-vista-mall-area-el-paso-police-say/?noredirect=on&utm_term=.d5a87ad7b8ad

https://newsone.com/3883517/el-paso-shooter-patrick-crusius/

Sunday’s shooting in Dayton is the 22nd mass killing of 2019 in the U.S., according to the AP/USA Today/Northeastern University mass murder database that tracks homicides where four or more people were killed — not including the offender. The 20 mass killings in the U.S. in 2019 that preceded this weekend claimed 96 lives. For a time line of the most recent mass shootings in the United States see:

https://www.latimes.com/world-nation/story/2019-08-03/united-states-mass-shootings

TRUMP’S RESPONSE TO EL PASO AND DETROIT SHOOTINGS

President Donald Trump denounced the shooting in El Paso by saying:

“Today’s shooting in ElPaso, Texas, was not only tragic, it was an act of cowardice. I know that I stand with everyone in this Country to condemn today’s hateful act. There are no reasons or excuses that will ever justify killing innocent people. ”

https://www.cnn.com/2019/08/03/politics/trump-texas-mass-shooting/index.html

On Monday, August 5, 2019, Trump condemned the weekend shootings in Texas and Ohio as “barbaric” attacks and crimes “against all humanity” as he called for bipartisan cooperation to strengthen the nation’s gun laws. Trump said:

“In one voice, our nation must condemn racism, bigotry and white supremacy. … These sinister ideologies must be defeated. Hate has no place in America”

President Trump has in the past downplayed the threat of the rise of white supremist terrorism. In August 2017, after a 20-year-old white man drove his car into a crowd at a white nationalist rally in Charlottesville, Virginia, killing one anti-racist protester and injuring 19 others, President Trump said that there was “blame on both sides” regarding the deadly violence that was instigated by white supremacists. Earlier this year, Trump said that he did not believe white nationalism was on the rise following two deadly attacks on mosques in New Zealand.

Trump said he has directed the FBI to examine steps to identify and address domestic terrorism and said he wants legislation providing “strong background checks” for gun users, but he provided no details. Trump has reneged on previous promises after mass shootings, especially after the Las Vegas mass shooting.

Trump pointed to a mental illness problem in the United States, calling the shooters “really very seriously mentally ill” and said the problem has been going on “for years and years [and] we have to get it stopped.”

https://www.abqjournal.com/1349664/trump-says-he-wants-stronger-gun-checks-but-reneged-in-past.html

DEMOCRATIC PRESIDENTIAL CANDIDATES REACT TO SHOOTINGS

After the El Paso mass shooting, a number of Presidential candidates weighed in on the cause of the shootings linking them to Trump’s inflammatory rhetoric.

New Jersey Senator Cory Booker said:

“There is complicity in the president’s hatred that undermines the goodness and the decency of Americans regardless of what party. … To say nothing in a time of rising hatred, it’s not enough to say that ‘I’m not a hate monger myself.’ If you are not actively working against hate, calling it out, you are complicit in what is going on.”

South Bend Mayor Pete Buttigieg said:

“[Trump] helped stoke many of these feelings in this country to begin with. … At best, he’s condoning and encouraging white nationalism. ”

Senator Kamala Harris of California blamed Trump’s use of language:

“We have a president of the United States who has chosen to use his words in a way that have been about selling hate and division among us.”

Senator Bernie Sanders opened a town hall meeting in Las Vegas, Nevada with a moment of silence and by calling for universal background checks for firearms purchases and more restrictions on assault weapons and said:

“Assault weapons are designed for one reason. They are military weapons. And I don’t have to explain that to the people in Las Vegas who experienced the worst gun tragedy in the history of this country”

https://www.abqjournal.com/1349131/2020-dems-back-gun-limits-after-el-paso-mass-shooting.html

NOT THE FIRST TIME TRUMP’S SUPPORTERS ACT OUT

The El Paso mass murder is not the first time that one of Trump’s supporters has acted out and has sought to do harm against those who disagree with Trump.

It was less than 10 months ago that the New York Times reported that on October 26, 2018 Federal authorities made an arrest in connection with the nationwide bombing campaign against outspoken Democratic critics of President Trump. At least 14 pipe bombs were sent to Democratic outspoken critics of President Trump and people who he has vilified at his political rallies and people he vilified on TWITTER.

Pipe bombs were sent to the home addresses of:
Former President Barack Obama
Former Vice President Joe Biden
Former Secretary of State Hillary Clinton
Former United States Attorney General Eric Holder
Former Director of the Central Intelligence Agency (CIA) John O. Brennan
California Congresswoman Maxine Waters
Florida Congresswoman Debbie Wasserman Schultz
Billionaire philanthropist George Soros
Actor Robert Di Nero
A pipe bomb was also delivered to the offices of CNN in Midtown Manhattan, New York City.

On Friday, October 26, 2018 Federal authorities made an arrest in connection with the nationwide bombing campaign against outspoken Democratic critics of President Trump. The suspect was identified as Cesar Sayoc Jr., 56, of Aventura, Florida. Sayoc is a registered Republican, he has a lengthy criminal history in Florida dating back to 1991. Sayoc’s criminal record includes felony theft, drug and fraud charges, as well as being arrested and accused of threatening to use a bomb.

During his arrest, Sayvoc’s white van was also seized as evidence. The van’s windows were plastered with a thick collage of pro-Trump stickers. Photos of the van showed that one of the stickers depicted President Trump standing in front of flames and the American flag. Another was of Hillary Clinton’s face in the crosshairs of a rifle scope. A third said: “CNN SUCKS.”

https://www.nytimes.com/2018/10/26/nyregion/cnn-cory-booker-pipe-bombs-sent.html

On Thursday, October 25, 2018, the very a day after CNN and Democrats were the targets of the pipe bombs, Trump in a TWEET blamed the media for much of the “anger” in society by saying:

“A very big part of the anger we see today in our society is caused by the purposely false and inaccurate reporting of the Mainstream Media that I refer to as Fake News. It has gotten so bad and hateful that it is beyond description. Mainstream Media must clean up its act, FAST!”

https://www.cnn.com/2018/10/25/politics/trump-blames-media-for-anger-after-attacks/index.html

Another example of Trump supporter acting out occurred after Trump went after Representative Ilhan Omar (D-Minn) in particularly viciousness manner during his July 17, 2019 North Carolina “Make America Great Campaign Re Election Rally by saying:

“[She] smeared U.S. service members in ‘Black Hawk Down.’ She slandered the brave Americans trying to keep peace in Somalia.” As Trump continued to criticize Representative Ilhan Omarof, the crowd began to shout, “Send Her Back” an obvious rewrite of the “Lock Her Up” slogan Trump used against Hillary Clinton.

On July 19, 2109 a New York man was taken into custody after having been arrested and charged with threatening to assault and murder Congresswoman Ilhan Omar. According to the US Attorney’s Office for the Western District of New York, Patrick W. Carlineo, Jr., 55, of Addison, New York, threatened to kill Omar because of her Muslim faith, according to a criminal complaint and accompanying affidavit. A call was placed to Omar’s Washington, DC, office on March 21, an FBI agent stated in the affidavit. During the call, an individual, who identified himself as Pat Carlineo, said to a staff member: “Do you work for the Muslim Brotherhood? Why are you working for her, she’s a (expletive) terrorist? I’ll put a bullet in her (expletive) skull.”

https://www.cnn.com/2019/04/06/politics/ilhan-omar-new-york-threat/index.html

RISE OF WHITE SUPREMACIST DOMESTIC TERRORISM VIOLENCE

FBI Director Christopher Wray has previously said that white supremacy poses a significant and “pervasive” threat to the United States. On July 23, 2019, FBI Director Christopher Wray testifying before the US Senate Judiciary Committee that the FBI has made about 100 domestic terrorism-related arrests since October, 2018 and said the majority were tied to white supremacy. Wray told the congressional committee:

“I will say that a majority of the domestic terrorism cases that we’ve investigated are motivated by some version of what you might call white supremacist violence, but it does include other things as well. ”

“Our focus is on the violence. … We the FBI don’t investigate the ideology, no matter how repugnant. We investigate violence. And any extremist ideology, when it turns to violence, we’re all over it.”

https://thehill.com/homenews/administration/454338-fbis-wray-says-majority-of-domestic-terrorism-arrests-this-year

POLL SAYS MAJORITY FEEL TRUMP IS A RACIST, BUT NOT REPUBLICANS

On July 30, 2019, President Trump boldly proclaimed:

“I’m the least racist person there is anywhere in the world!”

A majority of the American people disagree with his assertion that his is not a racist. According to a new national Quinnipiac poll, conducted July 25 to 28 and released July 30, 2019 a majority of 51% of those polled believe President Donald Trump is racist compared to 45% who say he is not a racist, a six point spread.

The Quinnipiac poll is far more revealing when it identified a huge divide in 3 areas: 1. gender, 2. white people and people of color and 3. party affiliation on whether Trump is racist. The results of the poll are:

GENDER:

Men polled said 55% to 41% that Trump is NOT a racist.
Women polled said 59% to 36% Trump IS a racist.

WHITE VS PEOPLE OF COLOR

46% of white people said Trump is racist, while 50% said he is not a racist.
80% of black people said Trump is racist, while 11% said he is not a racist.
55% of Latino people said Trump is racist, while 44% said he is not a racist.

PARTY AFFILIATION

What is striking is the extreme split along partisan lines.

A whopping 91% of Republicans said Trump is not racist, while just 8% of Republicans polled said he is a racist.

Meanwhile, 86% of Democrats said Trump is racist and 9% polled said he’s not a racist.

You can review the Quinnipiac poll results here:

https://poll.qu.edu/national/release-detail?ReleaseID=3636

COMMENTARY AND ANALYSIS

President Donald Trump is a racist pure, plain and simple. The Republicans in Congress refuse to admit it in the hopes of clinging to power. Republicans elected to congress have an extensive history of not condemning the President’s obviously racists tweets and actions.

There is no doubt that President Trump promotes hostility, mistrust and violence towards the press as well as his critics with his words and conduct at his rallies. Trump promoted violence, hostility and mistrust when he first ran for President and he is doing it again at his reelection political campaign rallies. What is disturbing is he has added one more dangerous ingredient to his speeches: overt racism.

Trump repeatedly uses harsh rhetoric targeting journalists and political opponents during campaign rallies creating and inflaming an extremely tense and divisive political environment of hostility, mistrust and violence. Trump refuses to take any responsibility for promoting hostility and mistrust, and at times violence, in this county and against his critics and American citizens.

RACISM CENTER PIECE OF TRUMP’S RE ELECTION BID; GOP NOW RPA

In the 2020 Presidential election racism and white supremacy is center piece of Donald Trump’s attempt to divide the country in order to get elected President a second term by the electoral college and not the popular vote. Trump is contributing to the racist divide in this country and is constantly stoking violence and hate against Americans and others of color. Trump relishes in stoking racial divide. This country is too good, has come way too far, with respect to civil rights, to elect a racist president again.

What is genuinely surprising is that after Trump’s racist remarks and his extensive history of racism, only 51% of voters polled believe he is a racist. A short history of Trump’s racist comments and action over the years can be found in the below blog article links. What is so damn disgusting is the party of Lincoln, the Grand Old Party (GOP) has become the RPA party (Racist Party of America) when 91% of Republicans polled say Trump is not racist.

Trump has an extensive history of promoting violence at his campaign rally’s. A history of Trump inciting violence and encouraging violence against those who disagree with him can also be found in the articles at the below links.

Each time a mass shooting has occurred in the United States during President’s Trump watch he has downplayed and rejected that his inflammatory racial rhetoric has had anything do with the shootings. Each time a mass shooting has occurred, Trump and the Republicans in congress refuse to take any meaning full steps to advocating responsible gun control legislation.

As each day passes, it is very doubtful that Trump can or will be removed by impeachment. Even if the US House of Representatives were to enact Articles of Impeachment, the United States Senate controlled by the Republicans will never vote to convict and remove him with the 61 necessary votes. President Trump needs to be removed from office by the voters in 2020. With all the mass shootings, there is a chance that voters in those states that flipped from Democrat to Republican and who voted for Trump in 2016 will recognize the mistake they made voting for a racist who incites violence against Americans who disagree with him.

With as much time left until the November 2020 election, Trump will be appealing to this country’s darker side of racism and white supremacy to get elected to a second 4-year term. Trump has already has already vilified Hispanics, Muslims, African Americans, immigrants seeking asylum and elected minority members of congress. It’s just a matter of time before Trump singles out yet another minority to vilify.

TRUMP’S DISGRACEFUL LEGACY

Trump’s legacy as President of the United State will be his is disgraceful public exhibition of racism and hate that he relishes to show off for all the world to see. Trump enjoys showing his racism to his most fervent defenders who no doubt have no problem with it and worshiping Der Feuer.

The Republican Party is now the party of Trump. An astonishing 91% of Republicans polled say Trump is not racist. No Republican is challenging him for the Republican nomination. The Grand Old Party (GOP) has now become the RPA: The Racist Party of America (RPA).

Trump’s Racism And Violence He Promotes Is Disease Country Suffering From Needing Intervention

Our “Racist In Chief”

According to a report, ridership on New Mexico’s commuter rail line as well as the Albuquerque bus system continued to erode last year, dropping 3%, according to the latest figures. The main bus systems in Albuquerque, Las Cruces and Santa Fe saw declining ridership in the last fiscal year.

The municipal bus systems in Albuquerque and Santa Fe each reported a 5% drop in riders in the 2019 fiscal year, which ended in June. Las Cruces reported a 3% decline.

In Albuquerque, construction along Central Avenue of the disastrous ART Bus project contributed to the decline in bus ridership. Albuquerque has completed the building of the canopy designed bus rapid transit line platforms along the 9 mile route of Route 66 in the middle of central along with the dedicated bus lanes .

The ART Bus route has gone virtually unused for well over 2 years after its dedication because the city is still waiting on delivery of the “new” buses. City Bus drivers are being trained with the delivery of one bus, while the city tries to educate the public on the proper traffic restrictions along central. Mayor Tim Keller expects full service to begin in the winter.

You can review the full article here:

https://www.abqjournal.com/1348325/falling-ridership-hits-transit-agencies-in-new-mexico.html

THE BENTON-GIBSON EXPERTISE ON MASS TRANSIT

Albuquerque City Councilor Diane Gibson is chairwoman of the agency that operates the Rail Runner. Her brilliance was on full display when she said people who live in New Mexico and the West are already inclined to drive their owns cars, and low gas prices provide extra encouragement saying:

“Our mindset is to buy a car, have our own personal space in a car, and that’s pretty much how we live our lives. … Once we get out of the habit of taking the Rail Runner or the bus to work or school, it’s more difficult to go back and change our habits.”

The brilliance of Albuquerque City Councilor Isaac Benton was also on full display in the news report when he said he expects transit ridership in New Mexico to recover in the long run, especially as more young people opt to use ride-booking services rather than get their own driver’s license. Benton also said low gas prices, are “without question” a factor in the short-term ridership trends and added:

“Transit has been a tough sell in New Mexico because we’re a fairly low-density state with a lot of highways … but with regard to the generational change, I am optimistic for the future.”

DIANE GIBSON

City Councilor Diane Gibson represents District 7, Albuquerque’s mid-heights including uptown and parts of the near northeast heights. Gibson was first elected to the Albuquerque City Council in 2013 and was again elected to the Council in 2017 for a second 4-year term. Councilor Gibson was born and raised in Detroit, Michigan. Gibson moved to New Mexico in 1975 and retired from Sandia National Laboratory in 2008 where she began her career as a prototype machinist. The eleven years before retiring Councilor Gibson worked as an Environment, Safety, Security and Health coordinator dealing with workplace safety issues. You can read more about Diane Gibson here:

https://www.cabq.gov/council/find-your-councilor/district-7

ISSAC BENTON

Isaac (Ike) Benton is the District 2 Albuquerque City Councilor. City Council District 2 is the city-center district encompassing downtown, old town, parts of the University of New Mexico and the entire valley east of the river. He was elected to the City Council in October 2005. Councilor Benton came to Albuquerque in 1976 as a VISTA volunteer at UNM’s Design and Planning Assistance Center. Benton is a licensed New Mexico architect and building contractor. Between 1991 and 2009, he operated his own architecture practice with a focus on libraries, senior and community centers, schools, and housing, always using sustainable design and public participation in the design process. Benton is now retired and avowed urbanist. Benton’s city council district includes a large area of downtown Central and the North Valley which leans left and is heavily Hispanic.

You can read more about Isaac Benton here:

https://www.cabq.gov/council/find-your-councilor/district-2

Benton ran unopposed in 2015 and is seeking another term on the City Council. Democrat (D) Isaac Benton has 5 opponents: Steve Baca (D), Joseph Griego (D), Robert Raymond Blanquera Nelson (Unknown), Zack Quintero, (D) and Connie Vigil, an Independent.

COMMENTARY AND ANALYSIS

When you review the credentials or job experience of Isaac Benton and Diane Gibson, you get a clear understanding of how little they actually know about mass transportation, which is negligible at best. Gibson especially has a zero understanding of statewide mass transportation issues, let alone a city bus system, yet she is the chairwoman of the agency that operates the Rail Runner. Go figure.

City Councilors Benton and Gibson voted repeatedly for the disastrous ART Bus project that has destroyed the character of Route 66. Both refused to advocate to put the ART Bus project on the ballot for public approval. Benton and Gibson voted to spend federal grant money that had yet to be appropriated by congress.

The ART Bus project has been a total disaster resulting the destruction of the character of Route 66. ART has had a negative impact on Central resulting in several businesses going out of business. Many central businesses and Nob Hill businesses no longer exist because of the ART Bus Project.

Gibson did not attend a single public meeting that was sponsored by the former Republican administration to listen to constituent’s complaints on the project. Gibson instead voted repeatedly for and supported Mayor Berry’s ART Bus project and funding. Gibson said to a neighborhood association meeting she “was tired of carrying the Mayor’s water” on the project, yet she refused to advocate to put ART on the ballot for public approval, saying it was the Mayor’s project.

Isaac Benton is given credit for attending one public meeting that was sponsored by the former Republican administration to listen to constituent’s complaints on the ART Bus project. The problem is he got into a very public and very nasty confrontation and shouting match with a constituent where Benton defended the ART Bus project. Benton had to be separated, but only after photo’s and video were taken.

Both Benton and Gibson voted to use $13 million dollars in revenue bonds to pay for the ART Bus project. The revenue bonds were not voted upon by the public. The Albuquerque City Council that Gibson and Benton were part of also borrowed over $63 million dollars over a two-year period to build pickle ball courts, baseball fields and the ART bus project down central by bypassing the voters. The $65 million dollars was borrowed with the Albuquerque City Councilors voting to use revenue bonds as the financing mechanism to pay for big capital projects.

The only true benefit to City Councilors Benton and Gibson commenting on New Mexico and Albuquerque mass transportation issues and the agency that operates the Rail Runner is that their full ignorance was on display for all voters to see. With any real luck, at least Benton will be off the city council come the November election.

You can read more blog articles on ART at the below link:

Dinelli Blog Articles On ART Bus Project Listed

The business “families” of the Greater Albuquerque Chamber of Commerce, the Albuquerque Economic Forum and the National Association of Industrial and Office Parks (NAIOP) have been around Albuquerque for many decades. All 3 are the very old guard of the Business Community. Many consider their membership the “movers and shakers” of the City of Albuquerque, especially their own membership.

Recently in speeches before the Albuquerque Economic Forum and the New Mexico chapter of NAIOP, Mayor Tim Keller spoke about current and future developments in the City. Keller told the Economic Forum:

“People tell me ‘I really don’t see a lot of new construction projects in Albuquerque.’ … I’ve got to tell you, I’m not really sure that’s true.”

According to one news report, Keller originally told both groups upcoming development projects total $500 million, but his office later revised the figure to $930 million. Construction projects include:

1. The Sawmill Market;
2. A forthcoming food hall just north of Old Town;
3. The Rail Yards development;
4. The mixed-use Nuevo Atrisco project at Central and Unser NW;
5. The planned hospital expansions by Presbyterian and the University of New Mexico.

According to Mayor Keller, his administration is working with other government agencies and the business community to help push developments forward by saying:

“[Developers] come to us and say, ‘We have this planning challenge’ or ‘We have this funding gap of like $500,000;’ this is where we’re [the city is] saying ‘We’re just going to say yes.’ We’re not going to let the perfect be the enemy of the good.”

Keller asked the monthly luncheon of the Economic Forum audience to support the upcoming city Capital Improvements Project (CIP) bond package on the November 2019 ballot and assist with donations for housing vouchers for the homeless. Best of luck to Mayor Keller getting any help from either the Economic Forum or NAIOP on either request, which is unlikely given their past positions opposing city policies.

You can review Mayor Keller’s full Economic Forum presentation here: https://www.facebook.com/MayorKeller/videos/843763522676976/UzpfSTEwNTQ4MTY4OTY6MTAyMTc1MTU2NDAwOTY5NDI/

Lynne Anderson, president of NAIOP New Mexico, when asked for specific examples of how the city has advanced projects, said “it’s impossible to summarize developers” overall experience with the Keller administration. Anderson gave as her reason the varying scopes of projects and their individual characteristics and challenges.

Anderson said she “has heard both positive and negative feedback from constituents” . Anderson did say the Keller Administration is showing a willingness to move projects along giving a reminder the development communities relationship with the previous Republican Administration by saying:

“Bottom line is we all need to work together to make the city work, and there is a recognition of that – and [it happened with and] was in the previous administration.”

https://www.abqjournal.com/1346189/mayor-touts-developments-totalling-930-million-to-business-community.html

COMMENTARY AND ANALYSIS

To quote Michael Corleone in the classic movie The Godfather, Part II (1974): “Keep your friends close, and your enemies closer”. The meaning of this quote is not merely that you should know your enemies well, but you do not want your enemies to know that you are enemies.

Mayor Keller should consider the Economic Forum, National Association of Industrial and Office Parks (NAIOP) and the Greater Albuquerque Chamber of Commerce as the 3 major Republican business organizations, related families so to speak, in the City that are adversarial to the City that Keller heads. It is hoped Mayor Tim Keller is following the principal of “Keep your friends close, and your enemies closer” when he makes his presentations to the 3 major businesses organizations. What is far more likely is that by inviting Mayor Tim Keller to speak, NAIOP and the Albuquerque Economic Forum are the ones that are keeping their enemy closer, and the Mayor needs to understand it in no uncertain terms.

It is curious that Lynne Anderson, president of NAIOP New Mexico, referred to her dues paying membership as “constituents”. Her remark says a lot more about the development organization than meets the eye seeing as Anderson’s business group are constituents of the Mayor far more than of hers.

What is noticeable is Mayor Tim Keller is sounding and looking more and more like his Republican predecessor by talking to these groups on a regular basis himself. Keller gave his very first State of the City address as Mayor last year to NAIOP, which is something his predecessor would do often. When NAIOP advertised it as the State of the City Address, Keller quickly back tracked disclaiming it was a State of City address. Keller never demanded a retraction from NAIOP nor did he give a State of the City Address in 2018 that was reported on by the media the way his NAIOP speech was reported. Keller also allows his high-ranking officials such as the City’s CAO Sarita Nair or Planning Director David Campbell, when he was first appointed, to talk to them and give insight to what is going in City Government.

If Mayor Tim Keller thinks he will get all 3 business organizations to support his policies and win them over somehow with his smile and talking to them, being friendly, accommodating and asking for their help and support, Keller is sadly mistaken. One of his Democrat predecessors did the exact same thing of cozying up to them and he had a very rude awakening at election time when all three groups supported the Republican who defeated the incumbent Democrat Mayor who trusted them to a degree.

All three organizations or their membership supported and contributed to Keller’s Republican opponents in the 2017 Mayors race, with NAIOP in fact endorsing Keller’s Republican opponents and making major contributions. It is likely not one of these 3 business organizations or their membership will ever get behind Mayor Keller’s policies and priorities nor an election bid for another term, especially if a Republican run against him, which is likely.

The Albuquerque Economic Forum, the New Mexico Chapter of NAIOP and the Greater Albquerquerqu Chamber of Commerce are the very old guard of the Republican Business Community. All 3 groups are very much part of the problem and not the solution. All 3 business organizations oppose any and all city regulations, zoning restrictions, increases in taxes no matter how justified, oppose hourly wage increases, they promote “right to work laws”, oppose mandatory sick leave policies for businesses, oppose unions, and oppose the city demanding that they pay union wages on city construction projects.

Notwithstanding NAIOP’s disdain for the City’s code enforcement, regulations, and zoning restrictions, the membership in NAIOP are always the first in line with their hands out wanting city hall construction contracts such as the $130 million ART Bus project. All 3 organizations are more concerned about the overall financial success of their memberships and keeping control or influence of development within the city’s development as opposed what is good for the city.

Case in point of trying to exert influence over city hall was when the Greater Albuquerque Chamber of Commerce and the construction and development community, including (NAIOP), pulled all stops to get the City’s ABC-Z comprehensive plan, now known as the Integrated Development Ordinance (IDO), adopted before the October 3, 2017 municipal election. The rewrite of the comprehensive plan took a mere two years. The rewrite started in 2015 by order of the former Republican Mayor who was a contractor and a member of NAIOP.

In 2017, there were sixty (60) sector development plans which governed new development in specific neighborhoods. Forty (40) of the development plans had their own “distinct zoning guidelines” that were designed to protect many historical areas of the city, such as Barelas, Old Town and Martineztown. Under the enacted Integrated Development Ordinance (IDO) the number of zones went from 250 to fewer than 20, which by any measure was dramatic.

During his campaign for Mayor, Tim Keller took no position on the zoning overhaul nor the repeal of so many sector development plans. IDO will have a long-term impact on the cities older neighborhoods and favors developers.

The intent from day one of IDO was the “gutting” of long-standing sector development plans by the development community. The ABC-Z project rewrite was nothing more than making “gentrification” an official city policy especially with IDO blatantly removing the public from the development review process.

Another case in point of trying to exert influence over city hall occurred recently when the Albuquerque City Council enacted R-19-150 that made changes to the IDO that allows the City’s Development Review Board to further circumvent strict state statute requirements. It is a policy change that eliminates public engagement and favors the development community. Mayor Tim Keller remained silent regarding passage R-19-150 and presumably has signed it into law in that no veto has been announced or reported.

There is absolutely nothing wrong with any Mayor being pro business, working and cooperating with the businesses organization when you can and the promoting economic development. In fact it is very much a part of the job of being Mayor. However, just working and cooperating with any business organization is a far cry from promoting just “pro business” policies, being anti tax, supporting right to work, opposing unions, opposing increases in the minimum wage, opposing mandatory sick leave and reducing the size of government and being just a political puppet of the 3 business organizations who pull your strings like in the Godfather and the former Republican Mayor.

It would be wise for Mayor Keller to “Keep his friends close, and his ABQ development enemies closer”. Keller is wasting his time if he thinks the development community will support him or his policies, especially when it comes to his progressive Democratic core values of taxes, opposition to right to work, support of unions, increases in the minimum wage, and mandatory sick leave, and helping the homeless, unless of course Keller has change his mind on anyone of his progressive policies.

In the meantime, from a political standpoint, it is recommended Mayor Tim Keller not go to any vintage Italian Restaurant with bathroom toilets having elevated political water tanks to hide things behind. KAPISH?

For related blog articles see:

A Rush To Adopt Gentrification As City Policy Before An Election

“Downtown Revitalization”: Deja Vu All Over Again!

Keller, Benton, Davis and Jones Carry On With Berry Bad Legacy Of Supporting Development Community Over Neighborhoods And Support of ART

The Albuquerque City Council enacted a $1.2 Billion dollar budget for the 2019-2020 that went into effect July 1, 2019. The City of Albuquerque employs approximately 4,800 to 5,000 full time city hall employees with 26 separate departments. The approved budget represents an 11% increase in spending over last year. Under the approved budget, general fund spending, which covers most city government operations, climbed $65 million to $642 million.

Buried in approved budget is that city workers were given a meager 2% pay raises, though those represented by unions such as Police and Fire received much bigger raises based on their units’ agreements. Last year’s city budget had 10.2% increases for police and this year’s budget includes $5 million for police raises and longevity pay.

https://www.abqjournal.com/1299497/abq-budget-could-surpass-1-billion-for-the-first-time.html

UNGRADED AND GRADED CITY HALL POSITIONS

There are 223 full time “ungraded” positions at City Hall, who are in unclassified positions and “at-will” employees who can be terminated “without cause” and who work at the pleasure of the Mayor or the City Council. All City Hall Department Directors are “unclassified employees” and serve at the pleasure of the Mayor and can be terminated without cause.

The City of Albuquerque pays an average of $17.61 an hour to City Hall employees or $36,628.80 a year depending on the positions held and required education level and training levels. (40 hour work week X 52 weeks in a year = 2,080 hours worked in a year X $17.61 paid hourly = $36,628.80) Roughly 4,500 City Hall employees are considered “classified employees” who are covered by the city’s personnel rules and regulations and can only be disciplines or terminated with cause.

At the end of each calendar year, City Hall releases the top 250 wage earners at city hall. The list of 250 top city hall wages earners is what is paid for the full calendar year of January 1, to December 31 of any given year. In February, 2019, City of Albuquerque updated the list of the 250 top wage earners at City Hall. You can review the entire listing of all 25O wage earners by going going to the Albuquerque City Government web page at http://www.cabq.gov/ and search the 250 top wage earner list.

LUCRATIVE RAISES REPORTED

On May 14, 2019, KOAT TV Target 7 reported that Mayor Tim Keller had given his 5 top appointed and highest paid city hall administrators literally thousands of dollars in raises in March of between $13,500 and $20,000 year. The raises were given without informing the City Council nor the public through the media with a press release. The Keller Administration gave an after the fact justifications to the media for the raises.

The specific raises given by Mayor Tm Keller in March to his top 5 Administrators are:

Chief Administrative Officer Sarita Nair: a $20,000 pay increase resulting in a $190,000 salary.

Chief Operating Officer Lawrence Rael: a $19,000 pay raise resulting a $185,000 salary.

APD Police Chief Michael Geier: a $27,000 raise resulting in $187,000 a year salary.

Albuquerque Fire and Rescue Chief Paul Dow: an $18,000 pay raise resulting in a $150,000 yearly salary.

Chief Financial Officer Sanjay Bhakta: a $13,000 raise resulting in $131,200.01 salary

You can view the entire Target 7 report here:

https://www.koat.com/article/top-city-officials-get-big-raises/27459126

Because Keller’s top 5 administrators and Department Directors are appointed by Mayor Keller, the City Council does not have to approve any of the raises. The approval of all the raises came from Chief Administrative Officer Sarita Nair, who had to approve her own $20,000 pay raise with Mayor Keller’s approval.

Back in May when the salary spikes reported, Mayor Tim Keller issued a statement through a spokesperson indicating all the raise he gave were needed for the city to stay competitive and the statement said:

“We looked at salaries for these positions throughout our region and found that, even after these raises, our salaries are much lower than those offered in cities in the region of a similar size. We also have to compete with the new state administration which pays higher salaries, and to which we lost several key people, and a city council that has given consistent annual raises. By offering more comparable salaries, our goal is to attract and retain talented leaders to serve the city of Albuquerque.”

A RAISE ON TOP OF A RAISE GIVEN

On July 1, 2019, the effective date for the Albuquerque City Council approved 2019-2020 City Budget, all city of Albuquerque employees received the 2% raise contained in the enacted budget. It has now been reported that upwards of 50 unclassified employees who serve at the pleasure of Mayor Keller and who received pay raises in March received another 2% raise on top of the first raise. You can review the report here:

https://www.abqjournal.com/1344638/nearly-50-abq-officials-received-raises-in-march-july.html?fbclid=IwAR1PftXq86oQy1Djlgh7lmAyjiaRVKJf53cOATnotKkgHIaEr7vVuXVjjPs

High ranking Department Directors in March were given and average of a 6.2% pay increasing their average annual salaries to $118,959 a year. When it comes to percentages, the largest raises in the unclassified employee ranks of 6.2% went to Department Directors including Aviation Director Nyika Allen, Economic Development Director Synthia Jaramillo, Senior Affairs Director Anna Sanchez, and Solid Waste Director Matthew Whelan all who are now being paid $118,959 a year.

ACTUAL SPIKES IN SALARY

Chief Administrative Officer Sarita Nair was hired a year and a half ago by Mayor Keller at a negotiated starting salary of $169,556.80. She received an 11% increase in March and with the additional 2%, she is now paid $193,814 a year.

APD Chief Michael Geier was hired a year and half ago by Keller as interim chief, became permanent and his negotiated starting salary was $159,513.60. After the March pay increase and the additional 2% pay raise, APD Chief Michael Geier’s is now paid $190,736 annually.

Both Chief Operating Officer (COO) Lawrence Rael and Fire and Rescue Chief Paul Dow received 10.6% raises in March and then an additional 2% increase starting July 1, 2019.

COO Rael’s original negotiated starting salary when hired by Keller a year and 6 months ago was $165,524.80, and his salary it is now $188,718.

Fire and Rescue Chief Dow’s starting salary when hired by Keller was $132,000 and his salary is now $153,005 with the March raise and the additional 2% raise.

Chief Financial Officer Sanjay Bhakta was hired by Keller a year and 6 month ago at a starting salary of $131,200.01, he was given a 9% raise in March and with the additional 2% is now paid $147,909 a year.

COMPARING THE SALARY INCREASES TO PREVIOUS ADMINISTRATION

Following is the salaried paid all 5 that appeared in the February 2019 list of 250 top wage earners comparing their salaries to their predecessors at city hall:

Chief Administrative Office (CAO) SARITA NAIR: $169,556.80, now paid $193,814. Former Chief Administrative Officer Rob Perry was paid $189,936.

Chief Administrative Office Chief Operations Officer LAWRENCE RAEL: $165,524.80, now paid $188,718. Former Chief Administrative Officer Michael Riordan was paid $152,319.

Albuquerque Police Department Chief MICHAEL GEIER: $159,513.60, now paid $187,000 a year. Former APD Chief Gordon Eden was paid $166,699.

Albuquerque Fire and Rescue Chief PAUL DOW: $132,691.20, now paid $153,005. Former Fire Chief David W. Downey was paid $138,993.

Finance Admin Svc CFO/Director SUNALEI BHAKTA: $131,200.01. Former Director of Finance Department Lou Hoffman was paid $99,732.

The Mayor’s salary and City Council salaries are determined by the Citizens’ Independent Salary Commission. Beginning January 1, 2018, the Mayor’s salary went from $103,854 a year to $125,00 a year. Mayor Keller is provided with a car, expense account as well as an APD protection detail. Eight Albuquerque City Councilors are paid $30,000 annually and the City Council President is paid $32,000 annually. The city council also increased their constituent contact fund from $5,000 to $20,000.

https://www.cabq.gov/audit/citizens-independent-salary-commission

DEFENDING AND CONDEMNING THE RAISES

Not at all surprising, the Keller Administration is again defending the salary hikes, citing higher pay rates in state government and around the region. Keller’s Chief of Staff Santiago Chavez, said in a written statement:

“By offering more comparable salaries, our goal is to attract and retain talented leaders to serve the City of Albuquerque.”

The big difference now is that longtime Republican City Councilor Trudy Jones labeled the raises “disgraceful” and said “I believe it’s unconscionable. … We have some employees who barely get raises” and she pointed to the increasing disparity between those at the upper and lower ends of the city pay scale.”

COMMENTARY AND ANALYSIS

Republican City Councilor Trudy Jones called the Keller Administration raises “disgraceful”. What is disgraceful is that City Councilor Trudy Jones is nothing but a hypocrite. When Republican Mayor Berry did the exact same thing, especially when former CAO Rob Perry gave himself a $33,000 raise she kept her big mouth shut and raised absolutely no objection, let alone advocate more for lower paid employees.

The Albuquerque Journal also weighed in and criticized the Keller Administration raises in an editorial entitled “2-fer Raises Tone Deaf To Residents Paying $40M more in GRT”. You can read the editorial here: https://www.abqjournal.com/1347073/2fer-raises-tone-deaf-to-residents-paying-40m-more-in-grt.html

When the Albuquerque Jounral’s favorite Republican Mayor Berry did the exact same thing as the Keller Administration has done giving outrageous raises and when former CAO Rob Perry gave himself a $33,000 raise, the Journal Editor’s were noticeably silent refraining from any type of criticism, let alone advocating more pay for lower paid employees.

Former Republican Mayor Richard Berry was notorious for paying astronomical, out of line salaries to his top political operatives, especially during his second term in office. For example former Chief Administrative Officer Rob Perry was paid $189,936 (#1 highest paid employee), former APD Chief Gordon Eden was paid $166,699 (#2 highest paid employee), former Chief Administrative Officer Michael Riordan was paid $152,319 (#4 highest paid employee), former City Attorney Jessica Hernandez was paid $150,217 (#5 highest paid employee), former Fire Chief David W. Downey was $138,993 (#11 highest paid employee), former Deputy Fire Chief Eric Garcia was paid $133,872 (#13 highest paid employee) and former APD Assistant Chief Robert Huntsman was paid $132,435.

The most disgusting pay increase Berry gave was a 22%, $33,000 pay increase to Chief Administrative Officer Rob Berry who was paid $190,000 a year and became the top paid city hall employee at the time. What made Perry’s raise so disgusting is that he made sure all other city employees were given pay cuts of 2% at the time or zero or 1% or 2% pay increases and even going so far as cancelling the negotiated pay increases for police officers. Berry justified his salary increases by using similar or identical arguments Keller is now using saying that the salary increases were needed to keep people from going elsewhere and retain talented leaders to serve the city of Albuquerque. Yeah, right.

https://www.abqjournal.com/292346/ex-councilor-ken-sanche-zcalls-increase-unacceptable-administrator-perry-had-been-finalist-to-lead-nm-finance-authority.html

NORMAL WORLD VERSUS CITY HALL

In the normal world outside of city hall, even in other government agencies and in the private sector, huge salary increases are associated with promotions, additional responsibilities taken on or exceptional job performance above and beyond the call of duty. The truth is that it is difficult to identify with any clarity exactly how APD Police Chief Michael Geier, Chief Administrative Officer (CAO) Sarita Nair, Chief Operations Officer Lawrence Rael, Albuquerque Fire and Rescue Chief Paul Dow, and Chief Financial Officer Sanjay Bhakta have set themselves apart or have gone above and beyond the normal job performance required by their positions.

All those who Keller gave the raises to are essentially doing the same job they were hired for and none appear to be any real standouts. It’s likely all demanded more now that they have been on the job for 18 months. The argument the raises are justified to keep good people is as bogus as it gets seeing as they are at will employees and were not hired based on a national search and hired by Keller and they no doubt negotiated their own salaries when they started. Rael and Geier especially are long term city employees who have retired before and being paid with lucrative pensions, yet they demand more. In the meantime, an overwhelming majority of city employees get 2% raises, unless of course your police officer who gets much much higher pay increases and longevity bonus pay on top of the raises.

To be perfectly blunt, the salaries now being paid to APD Police Chief Michael Geier, Chief Administrative Officer (CAO) Sarita Nair, Chief Operations Officer Lawrence Rael, Albuquerque Fire and Rescue Chief Paul Dow, and Chief Financial Officer Sanjay Bhakta now are probably the most they have ever been paid in their careers. At least 4 appointees were hired by Keller without a real national search to fill their positions and are considered Keller’s political operatives and “inner circle” of loyalist. The “national search” for a new APD Chief was considered by many as a sham with Geier always considered the front runner. Geier also has two other retirements that are vested. There was no need to attract many with pay in that they worked for Keller when he was state auditor.

Given all the recent stories on Albuquerque’s violent crime rates and the murders, the $27,000 raise for Chief Geier is highly questionable and very difficult to justify to the public. Adding insult to injury, APD Chief Geier decided not discipline APD’s Public Information Officer Simon Drobik for claiming massive amounts of overtime and being paid $192,000 in 2018, despite recommendations by the Police Oversight Commission he be terminated. What Geier and Drobik are being paid is considered nothing but a money grab, as is all the other pay raises in the double digits.

https://www.petedinelli.com/2019/05/01/pathetic-but-not-surprising-no-discipline-for-apd-192000-spokesman

It is these types of out of line salary increases that creates a tremendous amount of animosity among the personnel of the city of Albuquerque. It is these types of raises that essentially tarnishes the reputation of elected officials by allowing their top paid administrators to engage in a money grab with the public perceiving poor performance, no results and even mediocrity.

Mayor Tim Keller prides himself in being well educated and a quick learner and said when he was running for Mayor he “had done good at all the jobs he ever held.” With only one year and six months in office, Keller has learned very quickly to make sure his political operatives are well taken care of by giving them out of line salary increases that approach what many city hall employees make in a full year.

Mayor Keller will now have to deal with the animosity among average city hall workers his pay raises will no doubt create. One thing is for sure is the 4,800 to 5,000 full time city hall employees who did not get raises do vote, as do their families, and Keller will have to decide was it worth it.

There is only one word for these raises and its GREED. An honorable thing to do at the very least would be for all the unclassified employees who were given the lucrative pay raises in March to turn down the 2% automatic pay increases and show a little respect to the average city hall employees who earn approximately $36,000 a years and who are not in Mayor Keller’s inner circle.

Working for the government in the public sector is normally public service at low wages, but with Mayor Tim Keller it’s called who wants to be a millionaire working for him at city hall as a top ranking official to cater to his every whim.

The State of New Mexico’s statutes on nondisclosure of settlements in civil lawsuits is again coming under scrutiny. The latest scrutiny is in the civil lawsuit settlement agreed to in the estate of nine-year-old Omaree Varela filed against the state Children, Youth and Families Department. The Albuquerque Police Department (APD) was not named as a defendant, but 5 police officers were disciplined with 1 termination because of their actions in the case. The settlement money will be paid to Omaree’s three siblings, one adult and two minors. The amount of the settlement being paid, despite being taxpayer money, is being kept confidential by a District Court Order.

THE MURDER OF A CHILD

On December 27, 2013, 9-year-old Omaree Varela was found beaten to death months after placing a desperate 911 call to APD. Nine-year-old Omaree Varela called 911 from his Albuquerque home 6 months before his death. In the 911 audio recording, the child’s mother and the boy’s stepfather can be heard hurling verbal abuse at the child. The parents were unaware that the 911 dispatcher was listening and recording the exchange. The verbal abuse began after the child accidentally spilled food on the ground. Two APD officers went out to the residence after the child’s 911 call and made several errors that day that may have led to the child’s eventual death. The 911 dispatcher told the APD officers that they should listen to the phone call before going to the home. APD officers never went to the child’s home.

According to police logs, the officers claimed they questioned the parents for two hours. The APD lapel camera showed that the officers were at the child’s resident’s for only 15 minutes. The APD Officers did not write a report in the case with one officer saying he would call the state’s Children Youth and Family Department. No call to CYFD was ever made by either APD Officer.

After arriving to the child’s home to investigate the 911 call, one of the officer’s belt tape has him telling the parents: “You guys seem like a good family. … A decent family. Just be careful what you guys say when you say stuff like that. I am going to overlook it right now.” Six months later, Omaree Varela was dead. 9 year old Omaree had been stomped and beaten to death by his mother. The autopsy report detailed the child’s injuries. The autopsy report said Omaree had lost about 25% of his blood volume through internal bleeding.

Omaree Varela’s mother, Synthia Varela-Casaus, was sentenced to 40 years in prison for second-degree murder after admitting to kicking her son “too hard”, literally kicking him to death. Omaree’s stepfather Stephen Casaus, was sentenced to 30 years in prison for child abuse resulting in death and other charges. The New Mexico Court of Appeals overturned his most serious conviction related to the failure to call for medical help for the dying boy. Stephen Casaus prison sentence was cut to 12 years.

https://www.koat.com/article/man-convicted-in-death-of-9-year-old-omaree-varela-could-have-prison-sentence-cut-in-half/28327667

DISTRICT COURT ORDER

In the fall of 2017 and after two full years of litigation, the New Mexico Risk Management Division agreed to settle the wrongful death case. At the time of the settlement, Omaree’s mother and biological father agreed not to seek any of the proceeds. The final order in the case filed in June 2018, states “the proceeds of the Wrongful Death estate shall be divided equally amongst the three children (of Synthia Varela-Casaus).” The beneficiaries are described in the pleading as “one adult child and two minor children…”.

A “Motion to Seal Records” was filed on October 31, 2017 and is in court public records. The motion states that there was an “interest in protecting the settlement of this minor from predation by the public [and that the] parties have agreed to confidentiality as to the amount of settlement as allowed by law.” The “Motion to Seal Records” did not specifically ask the total amount paid to all three beneficiaries be kept secret forever. However, no exact date of disclosure is identified in the court order leading to confusion.

The court order signed by District Court Judge Nancy Franchini states in part:

“[The amount of settlement] shall remain confidential for the period of time allowed by law and the amount and details of the settlement specifically related to the minor child is confidential and shall not be disclosed or made a part of a public record in any proceeding, report or pleading filed with and or by the court in this matter [because of] …a possibility of subsequent proceedings.”

Second Judicial District Court Judge Nancy Franchini also ordered the settlement details and her Court order sealed. A court order sealing a court order sealing the terms of a settlement is extremely unusual to the point of being unheard of by many. State District Judge Nancy Franchini said through a spokesman that she could not comment on the case because there was a ” possibility of subsequent proceedings.”

An attorney in the case described the orders as possibly an “error” and that the court order applies to the share amount paid to one of the siblings and not the total amount paid to all three. It is unknown why the order to seal the settlement isn’t public.

https://www.abqjournal.com/1343230/omaree-death-settlement-cloaked-in-secrecy-ex-state-officials-refuse-to-disclose-payout-in-wrongful-death-suit-cite-judges-order.html

INSPECTION OF PUBLIC RECORDS REQUEST (IPRA)

The Albuquerque Journal made an inspection of public request (IPRA) demanding the Risk Management Division (RMD) to produce the settlement documents in the case that would reveal the total mount of the settlement. RMD officials declined the request and told the Journal they could not divulge even the overall amount paid to the three siblings, including the adult child.

General Services Cabinet Secretary Ken Ortiz, who oversee the RMD had this to say:

“We spent some time reviewing [the Journal] request and basically because the judge in this case directed that all information and records pertaining to this request is under a court seal we are unable to provide any documents related to this case. … [My staff checked] with some attorneys and had a discussion with the Attorney General’s Office and everyone seems to agree based on this court ordered seal [the state cannot disclose the records.]”

FOUR DATES APPLY TO NONDISCLOSURE PROVISIONS

Secret settlements made by the state have come under scrutiny in recent months, with state Risk Management officials and some legislators advocating reform of the current law setting out when settlements become public.

When the State Risk Management Division settles a case, it denies any and all wrongdoing, and demands that the settlement makes it clear the State is agreeing to end the case as a compromise or to avoid further litigation costs. This is standard practice in most civil lawsuit settlements and common even in the private sector. The parties usually agree to avoid disparaging each other or speaking about the terms and conditions of the settlement.

The confusion with the Court Order in the Omaree Varela case is the court’s language in the order that the settlement “shall remain confidential for the period of time allowed by law.” There are at least 4 separate dates that could be applied to the case.

Under state law, state Risk Management Division (RMD) settlement terms and conditions cannot be disclosed to the public for 180 days, or a full six months. All too often, because of language and the terms in the settlements, it is unclear which claims have been settled or when they can be released to the public.

When the Order to Seal records is filed under the current law, the timeline for mandatory disclosure is not clear. Current State law provides that the confidentiality period can start on 4 dates:

1. The date the settlement is signed or
2. The date the claim is closed administratively by the state, or
3. The date all litigation is completed or even or
4. The date all statutes of limitations have run on a claim.

EFFORTS TO DISCLOSE SETTLEMENTS TO PUBLIC

During the 2019 legislative session, a bill jointly sponsored Bernalillo County Republican State Senator Sander Rue and Santa Fe Democrat State Representative Linda Trujillo calling for the state to publish settlements in discrimination claims, the agency they were lodged against and the total amount of state money paid to settle the case, including damages and attorney fees. The legislation would have required settlements paid be published on the state’s sunshine portal after a certain amount of time elapsed. General Services Department Cabinet Secretary Ken Ortiz supported the legislation. The proposal passed the New Mexico Senate, but it did not make it through the New Mexico House of Representatives.

Cabinet Secretary for the General Services Department Ken Ortiz announced he is working with staffers to start automatically publishing the state settlement agreements. The goal is to post all settlements online as soon as the legally required confidentiality period of 180 days (6 months) expires. Secretary Ortiz supports clarifying the law that sets the initial 180 days of confidentiality with the goal to precisely define when the 180-day period starts. Ortiz wants to make making it clear the 180 days starts on the day the settlement is reached.

COMMENTARY AND ANALYSIS

The killing of 9-year-old Omaree Varela was in all likely preventable but for the negligence of the State Children and Youth Department (CYFD) and the Albuquerque Police Department (APD). It is shocking the level of incompetence that was involved the Omaree Varela case by both CYFD and APD. What is as surprising is that the City of Albuquerque was not named a party defendant seeing as that one police officer was terminated and 4 police officers were disciplined for the way they handled the case.

Federal wrongful death actions against APD for excessive use and deadly force resulting in death have settled for $3 million and as much as $5 million. Each time the facts and circumstances of the cases are evaluated to determine settlement amounts. The facts that 3 of the siblings of Omaree Varela will benefit from the settlement coupled with the extent of the negligence in the case in all likely means the settlement agreed to in all likely exceeds 6 figures and would be approximately $1,500,000, or $500,000 for each sibling, if not more, perhaps even double, or $3 million total for $1 Million for each child. It is highly likely it will be years before the public finds out what was paid to settle the case. Notwithstanding, the public should not be forced to speculate on the amount of the settlement.

It is clear from not only the Omaree Varella settlement but as well as many other confidential settlements, the Legislature needs to change the law to ensure more transparency as to how public money is spent to settle lawsuits. The public has the right to know how cases are settled and the amounts of taxpayer money being paid.

Governor Michelle Lujan Grisham should issue executive orders mandating that the Department of Finance and Administration (DFA) be given far more authority over the State Risk Management Division (RMD). DFA needs to be given at a minimum some say on the final approval of all settlements negotiated by RMD as well as be allowed to give input on attorneys selected to do defense work for the state and make decisions when the settlement amounts paid can be released to the public.

It is extremely disappointing that the 2019 New Mexico legislature failed to enact the legislation requiring the state to publish the nature of discrimination claims, the agency against whom they were lodged and the total amount of state money used to settle the allegation, including damages and attorney fees. Notwithstanding, even that legislation did not go far enough. The current state law that provides 4 separate dates when the 180 day or 6-month confidentiality period starts to run should be repealed or drastically amended by the legislature and all settlements, no matter the type of case should be made public.

Six months for the public to have to wait to find out the terms and conditions of a settlement is outrageous. In the interest of full disclosure and transparency, all settlements should be posted within at least 30 days if not sooner from the date the settlement is agreed to by the parties. There should be absolutely no confidentiality clauses when it comes to the settlement. It is taxpayer money and the legislature need to act in the interest of complete transparency.

Kudos go to Governor Michelle Lujan Grisham and Cabinet Secretary Ken Ortiz working with information technology staffers to start automatically publishing the state settlement agreements with the goal to post all settlements. What should also be posted on the sunshine portal are the names of attorneys or firms awarded state contracts to defend the state, the amounts of the contracts awarded, the term of the contracts, and the hourly rate being charged.

The settlements are taxpayer money being paid as are defense fees paid to private attorneys. Simply put, taxpayers have the right to know what is paid in settlements, why and to whom, including attorney’s fees.

It appears based on the law, the District Court Judge had no choice but to seal the settlement, but the order sealing the order of settlement was probably not necessary and could be set aside. The General services Administration should file a “Motion To Modify Order To Seal” and request the court to identify the specific date the settlement amount can be made public. Another option would be to secure an agreement from the plaintiff’s to fully disclose the amount of the settlement.

This article is a deep dive review of the Albuquerque “Railyards Master Development Plan and Site Development Plan”.

In 2007, the city bought the Albuquerque Rail Yards site for $8.5 million. The historic and vacant Albuquerque Rail Yards are within one mile of the Downtown area located south of Downtown between the Barelas and South Broadway neighborhoods. The historical significance of the Rail Yards to Albuquerque in many ways is equal to that of Route 66 Central. Both reflect real milestones in the city’s history, growth, development, commerce, industry and transportation. Both need to be respected and preserved to some extent because of the historical significance to the city.

Albuquerque Rail Yards has 18 buildings still standing erected between 1915 and 1925 and include four major maintenance facilities built by the Atchison, Topeka and Santa Fe Railway. The Rail Yards have sat vacant and vandalized with broken windows and graffiti for decades. Currently, the area is the location of the seasonal Rail Yards Vegetable and Crafts Market and the Wheels Museum. The Albuquerque Rail yards has been used to film major movie productions and TV shows. Scenes for “Marvels Avengers,” the “Transformers”, “Terminator: Salvation,” Better Call Saul” and the TV hit show “Breaking Bad” have all been filmed at the abandoned and vacant facilities of the rail yards.

RAIL-YARDS MASTER DEVELOPMENT PLAN

On June 16, 2014, the Albuquerque City Council by a unanimous vote of 9 to 0 approved and adopted R-14-23 entitled “Railyards Master Development Plan and Site Development Plan For Subdivsion To Provide The Appropriate Policy Framework And Regulations To Guide The Redevelopment Of The Railyard Site”. The Master Development Plan is 73 pages long but with tables, designs and photos it is 224 pages. The Development plan was prepared by Samitaur Constructs. The “Railyards Master Development Plan and Site Development Plan” is highly detailed and takes great care to identify the historical nature of the Railyards, what affect it will have on the community and identifies what types of development should be considered. You can review the entire Railyards Master Development at this link:

https://www.cabq.gov/council/documents/rail-yard/RYMDP_Section1.pdf

The City Council adopted Rail Yards Master Plan prepared by Samitaur Constructs contains 6 guiding principles intended to serve as a framework to guide the redevelopment of the Rail Yards but over “many decades.” You can read all 6 of those principles in the postscript below to this article.

On September 16, 2018 Mayor Tim Keller during a press conference at the Rail Yards tore apart the contract between the city and Samitaur Constructs. With great bravado, Keller told reporters and a small crowd of market shoppers:

“We have decided to take back control over the Rail Yards. That’s right, the city’s taking it back. … And so it’s gonna be a long road ahead, but it’s gonna be our road. It’s gonna be a path we take together! … We’re also going to look at how it might be a workspace for the creative economy during the day and not on the weekends, and then at night and on the weekends we’ll use it for event and community space.”

The Keller Administration severing the city’s relationship with Samitaur Constructs was based on a finding by the Albuquerque Development Commission that Samitaur had not employed reasonable diligence for a second consecutive year, which meant the city could terminate its contract with the company.

ANOTHER MAYOR, ANOTHER DOWNTOWN REVITALIZATION PROJECT

Last year on September 4, 2018 Mayor Tim Keller announced his downtown revitalization plan. Keller proclaimed development of the Albuquerque Rail Yards as his top priority for downtown revitalization. Keller proclaimed it a “potential” economic development engine. Keller said he wanted to reinvent the historic Albuquerque Rail Yards by finding a development partner to transform the area into “an amenity where thousands can gather year-round”. The city has yet to find a private enterprise developer.

The city will begin remediation efforts and activate a second building at the Albuquerque Rail Yards after the city severed the master development contract with California-based Samitaur Constructs. The city has upgraded one building, the blacksmith shop, where the Rail Yards Market Place takes place on weekends. Activating a second building will accommodate additional vendors and potentially be a big tourist draw.

Further remediation will take time and money. Over $53 million in bonds will be on the November, 2019 ballot for spending on city facilities and it includes $13 million toward the historic Rail Yards property through 2029. The 2019 New Mexico Legislature also appropriated $7.5 million for development of the rail yards.

LELAND CONSULTING GROUP REPORT

Leland Consulting Group is a Portland-based development consulting firm that was contracted to study the financial feasibility of redeveloping the Albuquerque Rail Yards. On July 9, 2019, it was reported that the Leland Consulting Group’s draft report to the city of Albuquerque said the ideal Rail Yards redevelopment strategy should include a mix of uses.

The Leland report suggests 3 different levels of development of varying levels of density. The report notes redevelopment will occur over many years, making it impossible to predict the exact mix that would work. All the levels of redevelopment call for “adaptive reuse” of buildings on the property’s north side, which the report calls the Rail Yards’ “front door.” Proposed uses include Central New Mexico Community College’s film center, the existing Rail Yards Market, and new retail, restaurants and commercial tenants.

The Leland draft report recommended 10,000 to 20,000 square feet of retail space in the Rail Yards over the next decade. According to the report, the focus should be on food and beverage tenants, vendors related to film or rail travel, existing area businesses looking to expand or “small, local vendors that build on the Rail Yards’ unique, historic and gritty character.”

The Leland development report suggests using large existing buildings near the Rail Yards’ center. The Boiler Shop and the Machine Shop alone has nearly 4 acres of enclosed floor space. There are facilities that would require renovation for concerts, festivals, special events, film productions and even team sporting events. Two scenarios suggest renovating and remodeling existing buildings to create110,000 to 200,000 square feet of employment space. The Leland report suggests that is more space than likely needed over the next decade.

Housing is also recommended in the report. The report’s various scenarios include 65 to 160 mixed-income housing units near the Rail Yards’ southern end.

https://www.abqjournal.com/1337858/consultant-offers-3-rail-yards-redevelopment-scenarios-ex-abq-officials-note-that-the-report-is-preliminary-and-that-the-public-will-have-input.html

PROPOSED COMMUNITY COLLEGE FILM CENTER

On January 11, 2019, the City of Albuquerque and Central New Mexico Community College (CNM) signed a one-year Memorandum of Understanding (MOU) to locate in the Rail Yards CNM’s new facility for its “Film Production Center of Excellence.” Over 15 years ago, CNM began a film production program and it has grown each year and now requires a separate facility of its own.

CNM President Kathie Winograd wants to help train a sufficient workforce for the city’s emerging film production industry and said:

“CNM is committed to building a new CNM Film Production Center of Excellence to support the workforce needs of the fast-growing film industry in Albuquerque and New Mexico. … The excitement of having Netflix here has made us dream even bigger and think about all the things we can do not only in the programs we have now [but others]. … We see this as an opportunity to be nationally recognized and be the place not only for films … but we see this as the place to come for education. CNM is committed to building a new CNM Film Production Center of Excellence to support the workforce needs of the fast-growing film industry in Albuquerque and New Mexico.”

After over 6 months since signing the MOU, no lease has been signed by CNM with the City. CNM is saying it is still examining the potential project. CNM has been given $300,000 in state funds by the legislature and has another a $300,000 grant from the U.S. Conference of Mayors and Wells Fargo to plan the project. CNM is also seeking $3.5 million for the project’s first phase as part of an $84 million bond issue going to voters for approval on the November, 2019.

MARKET ANALYSIS LACKING

Leland Consulting Group was contracted to study the financial feasibility of redeveloping the proposed CNM Community College Film Center on the Railroad Yard site. Dated May 7, 2019, Leland Consulting Group released a draft “Summary of Market Analysis and Development Scenarios”. The report was late and was promised to the city by the end of May. It should have included action plans for up to three proposed development proposals. The report is a mere 28-pages and was paid for under a $54,944 contract with the city.

Not only just being a late draft report, it is also severely lacking in a number of critical areas. Leland Consulting has yet to provide a financial analysis for renovating existing buildings and erecting new ones on vacant parts of the site. It has not produced an estimated cost for remediation of the site which could be very prohibited given the decades of train engine repair work and toxic oil and chemical discharge and disposal. Leland was also supposed to have analyzed options for Rail Yards governance and evaluated infrastructure upgrades needed to ready the site for construction. The final report is expected by the end of July.

Notwithstanding Leland’s failure to provide a remediation cost estimate, the city has completed an environmental study of the site and has submitted a voluntary remediation plan to the state. The city is moving forward with demolition of small non-historic structures for site improvements. The city has also submitted a state capital request for $15 million to support rail yard environmental remediation and site improvements.

The Leland report labeled the proposed CNM Film Center for Excellence at the railyards as a “game changer” and “an exciting and potentially transformative use” of the property. The report added the project would “define the economic purpose of the site” as opposed to waiting years to find another investor or another anchor enterprise for the site. The Leland analysis report said the city should “do everything in their power” to make sure the CNM project happens.

According to the market analysis, the film center would be “a game changer” for the following reasons:

1. CNM can be the one catalyst that pulls other innovative tenants and employers with it and demonstrate redevelopment momentum.
2. It would bring hundreds of students and educator or teachers to the area site who in turn would spend discretionary money in the area.
3. It would potentially spread the Rail Yards’ capital and operating costs among various partners, and
4. CNM’s existing connections within the film industry could serve to attract other film industry users such as NETFLEX and Albuquerque Studios.

https://www.abqjournal.com/1267274/city-cnm-partner-for-film-production-center-in-rail-yards.html

NO “SILVER BULLET” TO DOWNTOWN REVITALIZATION

The Leland’s report identified what it referred to as “economic warning signs” making the proposed CNM film center especially valuable for development of the rail yards. The report noted that the City is recovering from the great recession. The city is now seeing measurable population and economic growth when before there was none and even a decline.

The Leland report questioned the viability of adding much mixed employment space at the Rail Yards citing the cities stagnant commercial property lease rates existing in the Downtown area office and industrial properties. Albuquerque has had a chronic commercial vacancy rate city wide of upwards of 23% based on information from CBRE, the largest real estate investment manager in the United States. The downtown commercial office space vacancy rate hovers around 35% according to local commercial real estate experts. A real estate analysis found Downtown locations are not commanding high enough rents to justify new construction of any kind.

The Leland report warned against the “silver bullet strategy” of seeking “one big tenant” or development at the expense of incremental momentum. The Leland report stated that emphasis should be placed on achieving incremental successes and leveraging key anchor institutions such as the CNM film center and the Rail Yards market.

https://www.cabq.gov/council/projects/completed-projects/2014/albuquerque-rail-yards-redevelopment

COMMENTARY AND ANALYSIS

For the last 50 years, City Hall and virtually all Albuquerque Mayors have been fascinated and enamored with trying to revitalize the Downtown Central area. All the Mayors wanted to bring back Downtown Central of its heyday of the 1950’s and 1960’s where it was the center of commercial, business and retail and entertainment activity.
First there was “urban renewal” of the 1970’s with the new convention center built, followed by the Festival Market Place, followed by the Convention Center expansion with building the Hyatte Regency and the adjoining office building, then the rejected “Performing Arts Center”, then the 4th Street Mall concept, then the attempt to build the new Isotopes’ Baseball stadium downtown, then the convention center and civic plaza remodeling, then the ART Bus project. Each time it was a Mayor involved trying to leave his lasting mark on the city with his own legacy project. You can review Central Downtown revitalization over the years at this link”

https://www.petedinelli.com/2018/09/04/downtown-revitalization-deja-vu-all-over-again/

It was downright cringe worthy when former Albuquerque Mayor Richard Berry called the ART Bus project “a world class project” and a “game changer” and crammed it down the throats of citizens without a public vote. The ART bus project was nothing more than a $130 million-dollar construction project to build a cheesy 9 miles of bus service that has resulted in the destruction and character of historic Rout 66. A truly “world class project” and game changer is the construction and development of facilities or infrastructure that costs billions of dollars of investment in a community.

“Downtown Albuquerque” has become the government and financial district for the city with the location of city hall, the City/County Government Center, the Metro Court, State District Court, the Federal Courts, the Social Security Administration, the main bank branches of Wells Fargo, Bank of America, Bank of the West Compass Bank and other banks and government agencies. The fact that “Downtown Albuquerque” has become the government and financial district for the city where no one wants to go after 5:00 because there is nothing to do there makes it hard to redevelop the area for tourism, entertainment and night life activities other than going to the bars.

The center of Albuquerque and the new “downtown” is the uptown area of the city consisting of Coronado Shopping Center, the many shops at the Commons at Uptown, the Winrock development. The WINROCK development is now local and will include even more retail shops and even luxury housing when it’s done. Numerous restaurants have also popped up in the area with even more planned not to mention the commercial office space in the area.

SUCCESSFUL CITIES AT REVITALIZATION

Successful cities that have transformed blighted and struggling older areas of their cities have been Tulsa, Oklahoma, Oklahoma City, Oklahoma, Denver, Colorado, Phoenix and Scottsdale, Arizona. El Paso, Texas has dramatically transformed its downtown area. The way each one of these cities did it was with a massive infusion of capital and building large capital projects costing billions of dollars.

Some of the best examples of billion-dollar investments are the building of the BOK Center in downtown Tulsa, the Chesapeake Arena in Oklahoma City, the municipal railway running from the outskirts of Denver and through downtown Denver, Colorado or the River Area in downtown Scottsdale, Arizona. In Tulsa the BOK Center sparked hundreds of millions of dollars of redevelopment in adjoining neighborhoods.

In Oklahoma City, the Chesapeake Arena and adjoining Bricktown continue to expand. Previously blighted areas are being filled in with business developments, new housing, recreational facilities, and even cultural amenities. A key component has also been law enforcement to make people feel safe enough to move into those areas as they were being redeveloped. A key involvement to most if not all was seeking voter approval of the projects. Tulsa and Oklahoma City have been so successful that voters continue to approve new ones.

KELLER PROPOSAL NOTHING NEW

Mayor Keller’s emphasis on Downtown revitalization and tourism should come as absolutely no surprise to anyone. The problem is Mayor Tim Keller is not proposing anything dramatic and nothing visionary to revitalize Downtown Albuquerque. Keller is pinning his hopes on getting Downtown revitalization by relying on higher education institutions such as CNM and UNM and the emerging film industry.

If this sounds very familiar, it is. Former Mayor Richard Berry relied on UNM funding to build the 6 story Innovate Albuquerque Complex of which 5 stories is a UNM Dormitory. The complex is across the street from luxury condos of the old Albuquerque High School. Building of a dormitory on valuable commercial property is not the highest and best use of property. The biggest problem with relying on state funded institutions of higher education is that they tend to change their mission statement to conform with changing times and education fields. State funded institutions of higher learning also have a way of absorbing and taking over areas to expand.

The emerging film industry is developing facilities they will own and operate. Waiting for the Railyard Development is not in the cards. NBC Universal plans are to redevelop a warehouse into a state-of-the-art television and film studio with two sound stages, offices and a film production mill. The turnaround time for the renovations is very short and it’s expected to be complete in the fall of 2019.

The Netflex purchase of Albuquerque Studios is complete. Albuquerque Studios is an enormous complex that includes 9 sound stages, a backlot and management offices and the rail yards are small in comparison. In 2006, Albuquerque studios was a $74 million, 50-acre project featuring eight sound stages, production officers and support space.

The Leland market analysis report noted a recent report by the Urban Land Institute “that indicates other western metro areas are more likely to attract outside development and investment dollars than Albuquerque.” The big problem is the report failed to even note that the City and the State are sorely lacking in local major investors, wealthy entrepreneurs and wealthy individuals and corporations having the financial ability and commitment to make major capital investments.

It is very disappointing that Mayor Tim Keller is not proposing anything dramatic nor visionary to revitalize Downtown Albuquerque given the platform of change and economic development he ran on. In fact, Keller’s Downtown revitalization plan is akin to “political plagiarism” of his predecessor.

It is apparent that the Railroad Yard Development is Mayor Tim Keller’s own “legacy project” as was the ART Bus project for his predecessor. It should not be given the adoption of the 2014 “Railyards Master Development Plan and Site Development Plan”. No one knows for certain how the enactment of the new City Planning Comprehensive plan will have on the Railyard Development and it may just be another “gentrification” project that ultimately has a dramatic and negative affect on historical Barelas Neighborhood, the way the ART Project had on historical Central and Route 66.

What is ill advised is Mayor Tim Keller apparently thinks the Rail Yard redevelopment can all be done with local talent and local and state investment tax dollars. Such massive amounts of capital, usually in the billions of dollars, is needed to build large capital projects. The city also faces the prospect that voters in November will say NO to the $13 million in capital improvements bonds for the Rail Yards development. Given the voters mistrust of elected officials because of the ART Bus project, the defeat of the APS tax levy in February and Mayor Tim Keller last year signing a tax increase breaking a campaign promise to put tax increases on the ballot, no one will be surprised if the City capital improvement bonds are rejected by the voters.

To be blunt, the truth is that the City Hall and the State do not have the financial ability to undertake a cleanup and a massive investment and make capital improvements in the billions of dollars to revitalize Downtown Albuquerque. Keller for that matter, like all other Mayor’s the city has had, is enamored with Downtown revitalization and the Railyards is in the Barelas neighborhood area. The problem is Mayor Keller does not have an understanding nor the business and investment experience background and savvy in the private sector of what it’s going take to get it done.

CONCLUSION

When Mayor Keller dramatically tore up the contract with California-based developers Samitaur Constructs he said:

“We have decided to take back control over the Rail Yards. That’s right, the city’s taking it back. … And so it’s gonna be a long road ahead, but it’s gonna be our road. It’s gonna be a path we take together.”

The problem appears to be that Keller really has no idea where the road and path leads us nor what is at the end of the journey. Mayor Keller needs to set aside his ego and apparent desire for a “legacy project” and secure a major out of state investor that knows what they are doing and who are willing to make the investment and partner with the city to get the job done. Such an approach has happened before in Albuquerque when Winthrop Rockefeller developed Winrock Shopping Center in the 1960s, and it can and should be done again.

Mayor Keller and the city need to seek out experience in the private sector who have done such projects like those in El Paso, Denver, Phoenix and Oklahoma and even Dallas, Texas and who have a proven record of success. Otherwise the Rail Yard Development will wind up being just another failed legacy project to feed the ego of a Mayor very much like the ART Bus project that destroyed the character of Route 66.
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POSTSCRIPT

The 2014 adopted “City Council Rail Yards Master Plan” contains 6 guiding principles intended to serve as a framework to guide the redevelopment of the Rail Yards over many decades. Following are the 6 guiding principles quoted verbatim without editing:

GUIDING PRINCIPLE #1: JOB GENERATION, ECONOMIC DEVELOPMENT & ECONOMIC VIABILITY

The Master Plan encourages opportunities for promoting the art, history and culture of the site, the community and the region. The Plan sets aside space for a museum that celebrates the history of transportation, particularly rail transportation. Commercial and residential tenants, local community members, and visitors from near and far will be attracted by heightened aesthetics, comfortable, quality amenities, and a unique cultural vibrancy.