On July 12, 2019, a guest editorial column was publish by the Albuquerque Journal written by Dr. Joe L. Valles, President, Grande Heights Neighborhood Association. The column dealt with the city’s zoning comprehensive plan originally known as the ABC-Z plan , and also known as the Integrated Development Ordinance (IDO).

Following is the guest editorial in full, with a link to the Albuquerque Journal followed by additional Commentary and Analysis:

“There’s widespread disappointment and frustration with the Planning Department’s ongoing actions regarding the Integrated Development Ordinance (IDO). The IDO promise was “to ensure a high-quality built environment for nearby property owners and neighbors.” Without a vision for Albuquerque, however, unenforced and arbitrary rules in the IDO neither create new design nor ensure a high-quality built environment, and planners aren’t asking for it.

Property owners wanted to keep their sector plans – their sense of place. IDO form-based zones were created to set the forms of buildings and allow development to proceed more quickly without public hearings, something easier done in an urban environment like Downtown. The flaw? Without visionary planning you can’t reasonably attempt to create “downtown environments” citywide. After all, a key objective of this effort was “to develop zoning that protects neighborhoods while encouraging the revitalization of commercial areas.” Where are those neighborhood protections?”

You can review the guest editorial article at the below link:

https://www.abqjournal.com/1339342/homeowners-left-out-of-abqs-development-ordinance-fixes-ex-planning-department-is-cutting-neighborhoods-out-of-the-review-process.html

GENTRIFICATION MEANS DISPLACEMENT

The Merriam-Webster dictionary defines “gentrification” as:

“the process of repairing and rebuilding homes and businesses in a deteriorating area , such as an urban neighborhood, accompanied by an influx of middle-class or affluent people and that often results in the displacement of earlier, usually poorer residents. …”

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

“Gentrification” essentially involves a significant demographic shift of an increase in the number of affluent residents in a neighborhood and a decrease in the number of poorer residents. As summed-up by the Centers for Disease Control: “Gentrification is often defined as the transformation of neighborhoods from low value to high value.”

https://www.brownstoner.com/brooklyn-life/what-is-gentrification-definition-causes-effects/

Gentrification by another name means “displacement.”

COMMENTARY AND ANALYSIS

To answer the last question posed by Dr. Joe L. Valles, “Where are those neighborhood protections?”, there simply are none, and do not expect any. IDO blatantly removes the public from the development review process. Elimination of neighborhood protections is what IDO was all about from the very beginning. What is interesting is that Dr. Joe L. Valles seems to avoid any and all discussion of the term “gentrification”, which is also what the new comprehensive plan was all about.

Mayor Tim Keller has been absolutely silent regarding passage R-19-150 sponsored by City Councilor Trudy Jones allowing the DRB to further circumvent strict state statute requirements. Why? As accurately pointed out by Dr. Valles in his letter, the fixes or “changes [to Integrated Development Ordinance ] further diminish the process and discredit policy making. It’s policy change without public engagement favoring one sole stakeholder – the development community.”

It should not come as any surprise to anyone that Mayor Tim Keller has remained silent. He refused to take any position on IDO when he was running for Mayor. Besides, Keller is known for his own self-promotion and ONE ABQ slogan. Zoning issues tend to be very boring and difficult to integrate into slogans, unless of course it’s your own historical neighborhood that is being affected by developers. Perhaps Keller should change his slogan “ONE ABQ” to “ONE ABQ, ONE DEVELOPMENT”.

ENACTMENT OF THE OF ABC-Z PLAN ALSO KNOWN AS INTEGRATED DEVELOPMENT ORDINANCE (IDO).

Former Mayor Richard Berry who started the rewrite process during his second term said the adoption of comprehensive plan was a much-needed rewrite of a patchwork of decades-old development guidelines that held the city back from development and improvement. The rewrite of the comprehensive plan took a mere two years that started in 2015. Back 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.

On February 20, 2017 it was reported on the City web site that the re write of the comprehensive plan was an attempt to bring “clarity and predictability” to the development regulations and to attract more “private sector investment”. The city’s web site on the plan rewrite also claimed the key goals include “improve protection for the city’s established neighborhoods and respond to longstanding water and traffic challenges by promoting more sustainable development”. Economic development and job creation was argued as a benefit to rewriting the Comprehensive Plan.

Suzanne Lubar, the City Planning Department Director at the time, claimed that updating the comprehensive plan was necessary to keep up with growth trends because Bernalillo County’s population of 680,000 is expected to grow by 300,000 by 2040. City planners argued that with the rewrite of the comprehensive plan, it would be able to administer and enforce the city’s zoning system consistently.

(See Albuquerque Journal “City trying to weed out redundant regulations” at: https://www.abqjournal.com/953175/city-working-to-weed-out-redundant-regulations.html)

Under the enacted Integrated Development Ordinance (IDO) the number of zones went from 250 to fewer than 20, which by any measure was dramatic. Using the words “promoting more sustainable development” means developers want to get their hands-on older neighborhoods and develop them as they see fit with little or no regulation at the best possible cost to make a profit.

https://publicpolicy.wharton.upenn.edu/live/news/1581-impacts-of-gentrification-a-policy-primer/for-students/blog/news.php

Critics of the plan said during the drafting of ABC-Z comprehensive plan that public discussion lacked representation from a number of minority voices and minority communities. The critics argued the final approved document would allow the continued location of polluting industries in predominantly minority neighborhoods. The accusation was made that the new comprehensive plan was racist. (See Albuquerque Free Press article “New ABQ Urban Plan Racist”, March 3, 2017.)

The enactment of the comprehensive plan was a major priority of former Republican Mayor Richard Berry before he left office. The development community pushed hard for its enactment before Berry left office and the City Council went along with it. IDO was enacted with the support of Democrats and Republicans on the City Council despite opposition from the neighborhood interests and associations.

The Greater Albuquerque Chamber of Commerce and the construction and development community, including the National Association of Industrial and Office Parks (NAIOP), pulled all stops to get the plan adopted before the October 3, 2017 municipal election, no doubt to support of Mayor Richard Berry. It is no secret that Berry, a construction contractor and developer himself, was the all-time darling of the construction and development community, the Albuquerque Chamber of Commerce and organizations such as NAIOP because he did their political bidding.

One of the most nefarious votes by the Albuquerque City Council in late 2017 was the rush to vote for the final adoption of the ABC-Z or IDO comprehensive plan before the municipal election and the election of a new Mayor. Many neighborhood associations had requested the City Council to delay its enactment until after the 2017 Mayors race and the City Council ignored the request. Despite being encouraged to do so, not one single candidate running for Mayor in 2017 weighed in on opposing the IDO, including now Mayor Tim Keller. No doubt all the candidates wanted the issue to just go away. By not taking any position on IDO, they all refused to show any backbone against developers.

THEY CAN RUN BUT CANNOT HIDE FROM THEIR VOTING RECORD

The two City Council District’s the new Integrated Development Ordinance (IDO) will have a major impact on are:

1) City Council District 2, represented by long time City Councilor Isaac Benton, a retired architect and

2) City Council District 6, represented by first term City Councilor Pat Davis.

Both Isaac Benton and Pat Davis are running for another term on the City Council.

Both Benton and Davis voted for the IDO and against the best interest of the neighborhoods they represent. Benton and Davis refused to intervene and make sure the IDO would not destroy the character of historical areas of the city in their districts.

As a retired architect, Benton knew what the full impact of IDO would be on neighborhoods but decided to supported the development community. Pat Davis on the other hand has not lived in the City long enough to understand city neighborhoods and their historical character. Pat Davis is basically inept and generally incompetent as you can get when it comes to zoning issues.

Councilors Isaac Benton, Pat Davis and Trudy Jones could not careless about preserving historical neighborhoods or areas of the city including historic Route 66. All 3 voted repeatedly for and the disastrous ART Bus project that has destroyed the character of Route 66. All 3 refused to advocate to put the ART Bus project on the ballot for public approval.

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

District 2 incumbent City Councilor Isaac Benton has 6 opponents seeking to replace him. The candidates are: Steve Baca (D), David B. Bearshire, Joseph Griego (D), Robert Raymond Blanquera Nelson (D), Zack Quintero, (D) and Connie Vigil, (I). 6 of 7 candidates in District 2 originally sought public financing and 4 have qualified: Benton, Griego, Nelson and Quintero. Anyone of these candidates would better represent District 2 than Benton.

District 6, incumbent City Councilor Pat Davis has one challenger and she is Gina Naomi Dennis (D) who is an attorney, neighborhood activists and who was a Bernie Sanders delegate in 2016 to the Democratic National Convention. Both Davis and Dennis qualified for public finance.

District 8 Republican City Councilor Trudy Jones is also running for another term on the city council. Trudy Jone’s support and action on IDO should come as no surprise. Trudy Jones is in the real estate industry and has always promoted the Republican agenda of opposing zoning regulations and has been supported by the Greater Albuquerque Chamber of Commerce and NAIOP repeatedly. Jones has qualified to be on the November ballot, but as usual will private finance her campaign. It is likely Trudy Jones will receive significant financial support from the development community.

District 8 City Councilor Trudy Jones has one challenger and she is S. Maureen Sakowin who has secured the necessary 500 nominating petition signatures to be on the ballot. Sakowin also qualified for public financing by securing the necessary 425 donations of $5 each from registered voters. Sakowin has already received approximately $45,000 in public finance and for that reason one elected to City Council she will not be indebted to the development community.

CONCLUSION

It is indeed a very, very sad commentary when residents like Dr. Joe L. Valles, President of the Grande Heights Neighborhood Association, are relegated to having write letters to the Albuquerque Journal hoping something will happen when the City Council has essentially forgotten that they represent neighborhoods and past IDO in the first place.

All the candidates running for City Council need to be asked what they feel about gentrification and what they will do to preserve and protect their neighborhoods under IDO and what changes they want to see in the comprehensive plan.

There is no doubt that IDO will have a long-term impact on the cities older neighborhoods and favors developers. The intent from day one of the ABC-Z comprehensive plan was the “gutting” of long-standing sector development plans by the development community to repeal those sector development plans designed to protect neighborhoods and their character.

Using words like “promoting more sustainable development” means private developers and development organizations wanting to get their hands-on older neighborhoods and develop them as they see fit with little regulation at the best possible cost to make a profit. 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.

City Councilors Pat Davis, Isaac Benton and Trudy Jones need to be thanked for enacting the Integrated Development Ordinance (IDO) as well as the ART Bus project by denying them another term on the city council and voting them off the City Council.

As far as Mayor Tim Keller is concerned, he appears to be far more concerned about preserving the legacy of his predecessor and not preserving historical neighborhoods. Keller has not taken any real position on the Integrated Development Ordinance (IDO), he has not vetoed R-19-150 sponsored by City Councilor Trudy Jones allowing the DRB to further circumvent strict state statute requirements. Mayor Tim Keller is now fully committed to completing the ART Bus project with completion of construction and the order of new buses to the point he can call it his own legacy project.

Mayor Tim Keller appointed David Campbell as the City’s Planning Director replacing Suzanne Lubar and Cambell essentially carried on the policies of the former Republican Mayor, especially when it came to being “pro development”. The Planning Department enforces the Integrated Sector Development Plan. Campbell has resigned as Albuquerque’s Planning Director and was appointed the new Rio Rancho City Manager. Working first for Mayor Louis Saavedra as City Attorney and then appointed Chief Administrative Officer (CAO) under Mayor Richard Berry, Campbell has extensive contacts and shares much of the pro development philosophy with the Economic Forum, the Greater Albuquerque Chamber of Commerce and NAIOP.

On July 12, 2019 Mayor Tim Keller appointed Brennon Williams as the Interim Director of the City of Albuquerque’s Planning Department. Brennon has spent 20 years working in planning, including as a Zoning Enforcement Inspector and as the Deputy Director for Planning at the City of Albuquerque. On September 4, Brennon Williams, was appointed the permanent Planning Director by Mayor Keller. Mr. Williams, given his history with the city and work on the IDO, represents a continuation of the pro-development attitude towards neighborhood associations and the voices of varying communities. Mayor Keller’s appointment of the new Planning Director reveals his lack of commitment to historical neighborhoods and just how pro-development he is towards neighborhood associations and the voices of varying communities.

The “squad” is the nickname that has been given to the four, young Democrat United States Representatives to Congress who are all women of color. All four were elected in November, 2018 to their first terms in congress. The “squad” are Rep. Alexandria Ocasio-Cortez, D-N.Y. Rep. Ilhan Omar, D-Minn., Rep. Rashida Tlaib, D-Mich., and Rep. Ayanna Pressley, D-Mass.

BACKGROUND

In June, Speaker of the House Nancy Pelosi allowed a vote on a Senate-passed border spending bill without a series of amendments negotiated by progressives to protect migrants. The vote on the bill without any amendments by the House was done at the request and urging of the more moderate Democrat members of the House. Tensions and internal party fighting were made public during the debate over the border spending bill that passed. The four so called “squad” Democrats were the only 4 Democrats who voted against the Bill and they said they were being marginalized by Speaker of the House Nancy Pelosi.

The discourse within the Democratic Caucus escalated when the Chief of Staff to Ocasio-Cortez compared moderate Democrats to segregationists. The tweet suggested that two moderate groups, the Blue Dogs and the New Democrats, be called New Southern Democrats, a group of Democrats who once supported segregation. Ocasio-Cortez’s Chief of Staff said “They certainly seem hell bent to do to black and brown people today what the old Southern Democrats did in the 40s.”

House Speaker Nancy Pelosi attempted to downplay the conflict between the 4 members of congress and the much larger bloc of moderate Democrats and urged her members to stay out of the fray and said:

“We respect the value of every member of our caucus. The diversity of it all is a wonderful thing. Diversity is our strength. Unity is our power.”

Representative Alexandria Ocasio-Cortez made it personal, suggesting in an interview that House Speaker Pelosi was deliberately targeting the four because of their race and said:

“When these comments first started, I kind of thought that she was keeping the progressive flank at more of an arm’s distance in order to protect more moderate members, which I understood … But the persistent singling out … it got to a point where it was just outright disrespectful … the explicit singling out of newly elected women of color.”

TRUMP’S ATTEMPT TO DISRUPT AND DIVIDE

Never missing an opportunity to disrupt and divide Democrats, President Donald Trump on Sunday, July 14, 2019 tweeted about the dust up between Pelosi and Ocasio-Cortez:

“So interesting to see ‘Progressive’ Democrat Congresswomen, who originally came from countries whose governments are a complete and total catastrophe … now loudly and viciously telling the people of the United States, the greatest and most powerful Nation on earth, how our government is to be run. … Why don’t they go back and help fix the totally broken and crime infested places from which they came.”

In a follow-up tweet, President Trump suggested that the four Democrats should leave Washington:

“Why don’t they go back and help fix the totally broken and crime infested places from which they came … Then come back and show us how it is done. These places need your help badly, you can’t leave fast enough. I’m sure that Nancy Pelosi would be very happy to quickly work out free travel arrangements!”

https://www.washingtonpost.com/politics/trump-says-four-liberal-congresswomen-should-go-back-to-the-crime-infested-places-from-which-they-came/2019/07/14/b8bf140e-a638-11e9-a3a6-ab670962db05_story.html?utm_term=.d9ec32491554

Democrat US Representative Alexandria Ocasio-Cortez responded to Trump with her own tweet by saying:

“Mr. President, the country I ‘come from,’ & the country we all swear to, is the United States. But given how you’ve destroyed our border with inhumane camps, all at a benefit to you & the corps who profit off them, you are absolutely right about the corruption laid at your feet.”

All four women of the “squad” won election to Congress in 2018. Three of the 4 woman were in fact born and raised in the United States. Rep. Alexandria Ocasio-Cortez, D-N.Y, was born in New York and is from the Bronx, Rep. Ayanna Pressley, D-Mass was born in Cincinnati, Ohio, and Rep. Rashida Tlaib, D-Mich., was born in Detroit, Mihigan. Rep. Ilhan Omar, D-Minn.,was born in Mogadishu, Somalia where her family fled the country amid civil war when she was a child and she became a United States citizen as a teenager.

This is not the first time that Trump has assumed a person is not and American because of their last name and who was born and raised in the United States. In May 2016 during the presidential campaign, Trump suggested United States Federal Judge Gonzalo Curiel, who oversaw the class action lawsuit against Trump University, was biased against Trump due to his “Mexican” heritage claiming American born Curiel was from Mexico.

To her credit and as a testament to her leadership, Speaker of the House Nancy Pelosi had a very sharp response to Trump and went to the defense of the four congresswoman and tweeted:

“When @realDonaldTrump tells four American Congresswomen to go back to their countries, he reaffirms his plan to “Make America Great Again” has always been about making America white again. Our diversity is our strength and our unity is our power.”

In another tweet, Pelosi said:

“I reject @realDonaldTrump’s xenophobic comments meant to divide our nation. Rather than attack Members of Congress, he should work with us for humane immigration policy that reflects American values. Stop the raids – #FamiliesBelongToget”

Democratic lawmakers quickly united in defending the 4 congresswomen against Trump’s attack and universally condemning Trump’s tweets.

New Mexico Democrat Congressman Ben Ray Lujan, an assistant House speaker and the 4th ranking in House Leadership, said on “Fox News Sunday” that Trump’s tweet was “racist” and “wrong” and said:

“[Trump] Telling people to go back where they came from? These are American citizens elected by voters in the United States of America to serve in one of the most distinguished bodies in the U.S. House of Representatives.”

Arizona Democrat Congressman Ruben Gallego was more personal responding to Trump by recounting how, despite being born in the United States, he was repeatedly told to “go back to Mexico” from childhood through adulthood, regardless of his service in the Marine Corps or how well he did in school:

“To people like Trump I will never be American enough … So if you wonder why I give no inch to these racists, now you know. Nothing will ever satisfy them, all we can do is stop them.”

Tennessee Democrat Congressman Steve Cohen (D-Tenn.) tweeted:

“3 of 4 are American born and the other is a citizen. They are all ‘more’ American than 2 of Trumps wives (he seems partial to foreign women) and his grandparents.” Trump’s first wife, Ivana Trump, was born in then Czechoslovakia, and the president’s wife, Melania, immigrated to the United States. Melania Trump immigrated from Slovenia in 1996 for a modeling career. Trump’s grandparents and his mother were born in Europe.

TRUMP’S “NO TOLERANCE POLICY” STILL STANDS AS BEST EXAMPLE OF HIS RACISM

On July 13, 2019 Vice President Mike Pence toured the overcrowded facility in McAllen, Texas and saw firsthand the abhorrent conditions the detained migrants are enduring in the United States. The images of around 384 men kept behind metal fences in the hot facility where they do not have any mats or pillows have been shown on news casts. The images reflect that even if the men wanted to sleep on the concrete floor it would be impossible for all of them to lie down at the same time.

The overwhelming stench in the facility has been reported as so bad that ICE agents and visitors have to wear face masks. ICE agents at the scene acknowledged that many of the men had not showered for 10 to 20 days because there were no actual showers at the facility until recently. It was reported that many of the men being held at the facility have been there for at least 32 days or more.

Before taking the tour, Vice President Pence claimed that reports of detainees being kept in filthy conditions were “slanderous.” After visiting the facility, he changed his tune and said he wasn’t shocked by the horrific scene and was quoted as saying:

“To be honest with you, I was not surprised by what we saw. … This crisis is real, the time for action is now. … The McAllen station, where our cells are overflowing … ought to be a very clear message to every American that the time for action is now and the time for Congress to act to end the flow of families that are coming north from Central America to our border is now”.

Pence did say the overcrowded facility in McAllen, Texas was not acceptable. Pence also said it was the fault of Democrats in Congress who have refused to provide additional funding for the border not at all accepting the fact it is a crisis created by President Trump.

https://slate.com/news-and-politics/2019/07/mike-pence-tours-overcrowded-detention-facility-migrants-texas.html

When a any person, a United States Citizens or not, is arrested and taken into custody, or for that matter convicted of any crime and sentenced to prison, by law they become wards of the government and they all must be properly housed, fed, protected from harm and medical care provided which is all paid for by the taxpayer. Over the years, millions have been paid out in civil rights lawsuits over prison overcrowding, poor conditions and correction officer mistreatment, including rapes and physical abuse. New Mexico and Bernalillo County have be subject to those very types of lawsuits costing taxpayers millions. It may be a crime to be here illegally, but once the migrants were taken into custody by ICE and placed in the McAllen, Texas facility, they became wards of the United State government entitled to safe and proper housing, to be fed, protected from harm and medical care.

What is happening at the border with the incarceration of those seeking asylum is nothing more than a “reincarnation” of Trump’s “zero tolerance” policy he announced last year that arrested and prosecuted people coming into the United States illegally and forcibly separating children from their parents at the Mexican border. Cage like “chain link” enclosures and tents were erected to house the children.

Initially, President Trump dug in his heels over his controversial “zero-tolerance” policy. Mr. Trump pointed to Europe, which he said had become a “migrant camp,” and said that would not happen to the United States under his leadership. Speaking at the White House last year Trump said:

“The United States will not be a migrant camp, and it will not be a refugee holding facility. You look at what’s happening in Europe, and in other places, we cannot allow that to happen. Not on my watch.”

At last year’s Nevada GOP state party convention, Trump reiterated some of his most vile rhetoric about migrants and asylum seekers from Central and South America when he said:

“The word is ‘overrun.’ We will have millions and millions of people pouring through our country and all the problems that would cause with crime and schools. … If they see any weakness, they will come by the millions.”

https://www.aol.com/article/news/2018/06/23/in-rambling-speech-trump-renews-attacks-on-immigrants-they-will-come-by-the-millions/23466476/

Trump elaborated on his plans for cracking down on people fleeing their home countries to enter the United States relying on fear mongering about gang violence from groups like MS-13 when he said:

“These are sick evil people. … I called them animals and people said ‘that’s a terrible thing to say.’ Nancy Pelosi said that’s a terrible thing to say. She was defending MS-13.” Apparently in Trump’s sick and warped mind, over 2,500 children separated from their parents are sick and evil people who are all MS-13 gang members.

After immense bipartisan pressure and public outcry, Trump abruptly reversed himself and signed an executive order halting his disgraceful policy of separating children from their parents when they are detained illegally crossing the U.S. border. Just four days after reversing himself and issuing an executive order, Trump again took to bashing migrants seeking asylum with their children on twitter:

“We cannot allow all of these people to invade our Country. When somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came. Our system is a mockery to good immigration policy and Law and Order. Most children come without parents. Cannot accept all of the people trying to break into our Country. Strong Borders, No Crime!”

https://www.aol.com/article/news/2018/06/24/trump-calls-for-deporting-illegal-immigrants-with-no-judges-or-court-cases/23466729/

Trump has never differentiated between people who entered the United States to seek asylum and illegal immigrants. U.S. immigration law provides certain rights for undocumented immigrants arrested by Immigration and Customs Enforcement. In most cases, they are allowed a full hearing before an immigration judge before being deported. The first conviction for entering the United States illegally is a misdemeanor and a second offense is a felony.

You can review a history of Trump’s racism in the postscript to this blog article.

COMMENTARY AND ANALYSIS

President Donald Trump is a racist pure, plain and simple, even against American born citizens and elected United Sates Representatives born and raised in the United States and elected by United States citizens. The Republicans in Congress even refuse to admit it in the hopes of clinging to power. Not a single Republican elected to congress has condemned the President’s obviously racists tweets against 4 of their colleagues in the United State Congress.

Trump’s biggest legacy as President of the United State will be his disgraceful “scar of racism” he likes 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. Trump also stands for what the Republican Party has become.

Trump needs to be dumped in the garbage of history as the United States first duly elected racist dictator, the sooner the better. At this point, it is not likely he will be removed from office by impeachment or resignation, unless of course former Special Counsel Robert Mueller says when he testifies before congress in a few weeks that Trump did in fact commit crimes, but he could not indict him as a sitting President. Mueller would also have to tell congress point blank that Trump needs to be impeached and removed from office. Otherwise, this country will have at least another year of Trump’s racist version of “Making America Great Again”.

It is suggested that Rep. Alexandria Ocasio-Cortez, D-N.Y. , Rep. Rashida Tlaib, D-Mich., and Rep. Ayanna Pressley, D-Mass produce certified copies of their birth certificates, roll them up and deliver them to the White House and tell Trump to file the documents where the sun don’t shine. In the meantime, all 4 of the Squad and all American citizens need to recognize our real enemy, the enemy of Democracy and what this country stands for sits in the Oval Office of the White House and not in the Speaker’s Chair in the United States Congress. Otherwise we can look forward to having another four more years of a racist President hell bent on “Making America White Again” (MAWA).

_________________________

POSTCRIPT:

TRUMP’S HISTORY OF RACISM

President Trump’s racism dates back to 1973 when his housing management company was the target of a Department of Justice (DOJ) Civil Rights Division civil lawsuit over allegations that he and his father as real estate developers were keeping black and Puerto Rican people out of their apartments.

It was in 1989 that Donald Trump purchased newspaper ads calling for the death penalty for the “Central Park Five,” four black men and one Latino man accused of rape who were later exonerated by DNA evidence and released after being exonerated as not committing the crime. During the 2016 presidential election, Trump still insisted the “Central Park Five” were guilty.

For at least eight (8) years, Donald Trump was front an center of the “birther movement” and questioned former President Barack Obama’s American citizenship thereby questioning Obama’s legitimacy as President of the United States. In 2011, Trump called on President Obama to release his birth certificate and went as far as to offer to give $5 million to one of Obama’s charity of choice if he released his college records and passport.

In 2015 when Donald Trump announced his bid for the presidency, he said “When Mexico sends its people, they’re not sending the best. They’re not sending you, they’re sending people that have lots of problems and they’re bringing those problems with us. They’re bringing drugs. They’re bring crime. They’re rapists… And some, I assume, are good people.”

During the Presidential election, Trump said “I will build a great wall – and nobody builds walls better than me, believe me – and I’ll build them very inexpensively. I will build a great, great wall on our southern border, and I will make Mexico pay for that wall. Mark my words.”

In May 2016 during the presidential campaign, Trump suggested United States Federal Judge Gonzalo Curiel, who was born and raised in the United States and who oversaw the class action lawsuit against Trump University, was biased against Trump due to his “Mexican” heritage claiming American born Curiel was from Mexico.

During a campaign stop, Trump looked over a crowd and ask out loud to the crowd of supporters “where’s my African American” as if to show he had support of African Americans.

On January 27, 2017, just seven days after being sworn in as President, January Donald Trump signed an executive order halting all refugee admissions and temporarily barring people from seven Muslim-majority countries arguing it was needed to combat terrorism. The move sparked numerous protests and legal challenges.

In August 2017, after a 20-year-old white man drove his car into a crowd at a white nationalist rally in Charlotesville, 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.

President Trump during a ceremony in the White House to honor the World War II Navajo Code talkers, one from New Mexico, took the opportunity to call Massachusetts Senator Elizabeth Warren “Pocahontas”.

During the football season, Trump proclaimed that professional football players, who were predominantly African American and who “took a knee” during the national anthem to protest the treatment of African Americans should be fired.

The New York Times reported in December, 2017 that President Trump said in a June meeting about immigration that Haitians “all have AIDS”, a statement denied by the White House.

On December 24, 2017, The New York Times reported that President Donald Trump described Nigerians as people living in huts and that they would not want to return to them. He reportedly told members of congress that African countries where “shit hole” countries and said 40,000 had come from Nigeria and would never “go back to their huts” once they had seen America.

For a related article see:

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

In May, the national unemployment rate was 3.6% down from 3.8% in May 2018. On June 21, 2019 the New Mexico Department of Workforce Solutions reported that New Mexico’s adjusted unemployment rate was 5.0 percent in May, unchanged from the previous month and up from 4.8 percent in the same month the previous year. Notwithstanding the small increase in the unemployment rate, the state of New Mexico outpaced the national job growth rate.

NM Department of Workforce Solutions Secretary Bill Mc Camley says the numbers are good for the Land of Enchantment by saying:

“Too often New Mexico is ranked 49th or 50th in the good things our country measures, but this growth, particularly in the private sector, shows New Mexico is headed in the right direction and open for business. … If you work hard and learn the right skills, you don’t have to give up your chile and move away for a job … You can earn a great salary here while staying in our friendly, beautiful communities.”

https://www.kob.com/new-mexico-news/nm-job-growth-outpaces-national-rate/5402170/?fbclid=IwAR1kiR_qDymyYVKADlT0DlFFiSKtbdkrdKX4w0wih1yEeFHZ127MupICPkI

NEW MEXICO UNEMPLOYMENT RATES CONTINUE TO IMPROVE

On June 21, 2019 the Department of Workforce Solutions reported the total non-agricultural payroll employment in New Mexico increased by 15,900 jobs, or 1.9% between May 2018 and May 2019 with most gains from the private sector, which was up 2.3% or 15,300 jobs. Mining and construction, which includes the oil and gas industries, had the largest gains, adding 5,500 jobs, or 7.6%.

Other gains reported by the Department of Workforce Solutions in the private sector include:

Professional and Business Services Industry employment is up 3.5% or 3,700 jobs.
Education and Health Services Industry increased by 2.6% or 3,600 jobs.
The Leisure and Hospitality Industry added 3,500 jobs, or 3.5%.
Financial activities showed a gain of 600 jobs, or 1.8 percent.
Manufacturing Industry employment was up by 1.4% or 400 jobs.

Private sectors industry losing jobs included:

Trade, transportation, and utilities was down by 1.5% or 2,100 jobs
Employment in information sector was down 2.5% or 300 jobs.

In the local public or government sector, local government employment grew by a mere 0.8% or 800 jobs. All gains came from local government excluding education, with education up by 1.6%.
Federal government reported a gain of 500 jobs, or 1.7% while state government employment decreased by 700 jobs, or 1.3%.

https://www.abqjournal.com/1331476/nm-jobless-rate-5-in-may-unchanged-from-april.html

ECONOMIC BASE JOBS VERSUS SERVICE INDUSTRY JOBS

A service-based industry is one that offers its products, goods or services primarily within a particular region and does not supply markets outside the region nor increase the economic base of a region. In general, service base industries offer lower paying or minimum wage jobs not requiring much education or technical skills.

Economic base industries provide jobs requiring higher education and higher trained skills An economic base job is one created or needed by a business or industry that increases economic growth of a region by increasing exports of manufactured products, goods or services from the local economy or region to another region or economy thereby increasing the size of the local economy with profits and cash flow from outside the region.

The corner stone of the “economic base theory” is that an increase in economic growth of a region or economy is dependent on increase in exports, manufactured goods or services from one region or economy to another region or economy and supplying markets outside the local economy.

COMMENTARY AND ANALYSIS

Without question the positive news coming out of the NM Department of Workforce Solutions when it comes to our reduction in its unemployment rates is news that has been a long time in coming.

Notwithstanding, New Mexico needs to pursue with a vengeance the real growth industry like heath care, transportation and manufacturing, and the film industry to diversify our economy. Public-private partnerships in the growth industries where ever possible should be encouraged and developed. Special emphasis and support should be given to Albuquerque’s and New Mexico’s film industry which is developing, expanding and proving to be very successful in providing well-paying jobs.

With NBC Universal coming to Albuquerque and the purchase of Albuquerque Studios by Netflix, the film industry is clearly in the future of New Mexico and the best hope at this point in diversifying our economy. Last year alone, the film and TV production industry brought in over $180 million of direct spending to the city and state. Far more important, jobs that will be provided by both NBC Universal and NETFLEX are a far cry from the hourly wage jobs provided by the “call centers” that the state has become accustomed to being announced.

The State needs to continue with efforts that will ensure that our education institutions such as the New Mexico Community College continue to offer a trained work force. Both the City and the State need to create more incentives to build and guarantee that the industry continues to prosper in New Mexico.

There is never any guarantee what government does to spur economic development, such as offering tax incentives or reducing corporate taxes, that will create “economic based jobs.” For that reason, New Mexico Governor Michelle Lujan Grisham and the New Mexico Legislature must take bold and aggressive, calculated risks to attract and create high-paying jobs to keep our youth and talent from leaving. The State’s economic development efforts need to be coordinated with our vocational institutions to identify new industries that can be attracted to Albuquerque and ensure that both have the trained workforce to accommodate any new industry.

Until then, New Mexico appears to be finally pulling out of the great recession.

“Behavioral health” can be defined as “the scientific study of the emotions, behaviors and biology relating to a person’s mental well-being, their ability to function in every day life and their concept of self. Behavioral health is the preferred term to “mental health.” A person struggling with his or her behavioral health may face stress, depression, anxiety, relationship problems, grief, addiction, ADHD or learning disabilities, mood disorders, or other psychological concerns. Counselors, therapists, life coaches, psychologists, nurse practitioners or physicians can help manage behavioral health concerns with treatments such as therapy, counseling, or medication.”

http://insighttelepsychiatry.com/defining-behavioral-health/

One of the cruelest things that former Republican Governor “She Who Shall Not Be Named” did was when she ordered an “audit” of mental health services by nonprofits in New Mexico based on questionable information. The audit eventually devastated New Mexico’s behavioral health system.

In June 2013, under the direction of the former Republican Governor, the Human Services Department (HSD) cut off Medicaid funding to 15 behavioral health nonprofits operating in New Mexico. In 2014, more than 160,000 New Mexicans received behavioral health services, with most of those services funded by Medicaid, according to the Human Services Department.

After the audits were completed, the former Republican Administration said that the outside audit showed more than $36 million in over billing, as well as mismanagement and possible fraud. Under the orders of the Republican Governor, Human Services Department agency brought in 5 Arizona providers to take over from New Mexico providers.

In early 2016, following exhaustive investigations, the Attorney General cleared all 15 of the healthcare providers of any wrongdoing and exonerated all of them of fraud. Even though the Attorney General found no fraud and actually cleared the nonprofits of fraud, the damage had been done to the nonprofits. With the Medicaid funding freeze, many of the nonprofits could not continue and just went out of business leaving many patients without a behavioral health service provider. Lawsuits against the state were initiated by many of the mental health care providers.

Three of the five Arizona providers brought in by the previous Republican Administration in 2013 to replace the New Mexico nonprofits pulled out of the state. New Mexico’s mental health system has yet to fully recover.

https://www.abqjournal.com/749923/third-arizona-behavioral-health-provider-to-pull-out-of-state.html

CASES BEING SETTLED

During a July 9, 2019 press conference, Governor Michelle Lujan Grisham announced that her Administration has settled several of the long-running lawsuits involving the states nonprofit behavioral health providers affected by a 2013 Medicaid funding freeze ordered by her Republican predecessor. The lawsuits as a carry-over from the former Republican Governor Administration have now cost the state millions of dollars in taxpayer money that could have been put to better use for essential services.

Negotiated settlement agreements have been reached with at least 3 of nonprofit behavioral health providers affected by a 2013 Medicaid funding freeze. The three providers the state settled with are: Valencia County Counseling Services, The Counseling Center and Hogares.

All 3 behavioral health providers were among 15 mental health nonprofits that had their Medicaid funding cut off by order of the former Republican Governor based on allegations of “potential” overbilling and fraud. The New Mexico Attorney General eventually cleared all 15 of the providers of any wrongdoing following investigations, but many were driven out of the behavioral health business.

Under the terms of the negotiated settlement agreements, the state will pay the Valencia County Counseling Services, The Counseling Center and Hogares nearly $2.7 million in dmages. The 3 providers have agreed to pay the state roughly $191,000. One of the providers will also be able to apply to the state for a reinstatement of its Medicaid provider number. Several of the other behavioral health nonprofits still have active claims under a consolidated lawsuit pending in the Santa Fe First Judicial District Court.

Human Services Secretary David Scrase had this to say about the settlements:

“We are encouraged by the progress made to resolve these cases, and we believe that these settlements are in the best interest of New Mexico and our behavioral health network.”

Notwithstanding the settlements announced, Governor Lujan Grisham said the damage to New Mexico’s mental health system caused by 2013 Medicaid funding freeze ordered by her predecessor affected numerous families and businesses and it will take years to recover from and she said:

“Quite frankly, it’s created such deep holes in the other health care delivery systems in Medicaid … that in fact it’s raised the cost in the private market for health care.”

https://www.abqjournal.com/1338147/settlements-reached-with-three-mental-health-providers.html

GOVERNOR LUJAN GRISHAM’S COMMITMENT TO BEHAVIORAL HEATH CARE

During my early teenage, high school and college years, my family dealt with a member who suffered from very severe, chronic and self-destructive mental illness who never recovered from it until his passing. I will always remember how my father was treated by health care professionals and yes at times law enforcement. Throughout my life and public service career, I made sure I knew how elected officials dealt with behavioral health care issues. When I was a prosecutor, I understood the importance of drug treatment programs and behavioral health programs as an alternative to prosecution and incarceration and returning people to be productive citizens.

In politics, more can be learned about a politician and their character by observing them in private and especially how they treat other people. A little more than 5 years ago, I attended a small fund raiser for then Congresswoman Michelle Lujan Grisham. In attendance was a person who we both knew and dealt with in the past, who was a very vocal critic of both of us in the past, and who we both understood to have mental health issues. Michelle Lujan Grisham, not knowing that I was listening and watching her, had one of her aides approach her and ask her if she wanted the person removed before she started to speak. Her response was quick and sure and it told me more about her than I had ever known. She told her aide to talk to the person, make sure he did not need anything, and then after the event, make sure he got a ride home seeing as the person walked to the event and it would be dark when the event ended. This one act of understanding revealed the true character of an elected official.

COMMENTARY AND ANALYSIS

The former New Mexico Republican Governor never understood the need for mental health services and it was an easy target for her conservative anti government philosophy to freeze Medicaid funding to bring 15 nonprofits to their knees and forcing them out of business. To the former prosecutor, the answer was always increasing penalties and incarceration. It has never been fully reported on how the 5 Arizona Heath Care providers were selected to replace the New Mexico nonprofits. It has also never been revealed to what extent the former Republican Governor was involved with the selection nor what orders her office gave in the selection of the out of state providers.

What is known is that legacy of Republican Governor “She Who Must Not Be Named” is a legacy of shame when it comes to the destruction of New Mexico’s nonprofit mental health care system. Her political wrath and cost cutting measures affected thousands of New Mexico residents in need of mental and behavioral health care services and she simply did not give a damn.

After 8 very long years, New Mexico has a Governor that truly understands the need for effective and critical mental and behavioral health care services. Governor Michelle Lujan Grisham served as Director of New Mexico’s Agency on Aging under Governors Bruce King, Gary Johnson and Bill Richardson. Governor Richardson elevated the position to the state cabinet. In 2004. Lujan Grisham was appointed as New Mexico Secretary of Health where she was a champion for mental health services.

It is now on to cleaning up the many other piles of Republican Elephant dung left by the previous Republican Governor “She Who Must Not Be Named”.

Albuquerque and New Mexico for the last 4 years have been shocked and haunted with the news of the tragic and brutal killing of children by their own parents. Media reports all too often have included reports where those children had fallen through the cracks of law enforcement and the New Mexico’s Children, Youth and Families Department (CYFD).

Six of New Mexico’s most notorious child abuse and neglect cases are recalled in the postscript to this article below. All 6 cases shook New Mexico and dominated news cycles when they were first reported.

This article is a deep dive into New Mexico’s child abuse and neglect crisis and what the New Mexico Legislature and Governor Michelle Lujan Grisham are doing to confront the crisis.

HEART BREAKING DEATHS

From 2001 to August, 2016 no less than 22 children in New Mexico ranging from ages of 5 weeks old to 3, 4, 5 months old to 3, 4, 5, and 11 years old, have been killed as a result of child physical and sexual abuse. (Re: August 31, 2016 Albuquerque Journal Editorial Guest column by Allen Sanchez.) More child deaths have been reported since 2016, with the most recent being a 2-week-old baby found dead on July 7, 2019 with foul play suspected. The Office of the Medical Investigator (OMI) responded to the scene and identified the baby’s injuries as suspicious. It was announced by the OMI that an autopsy on the baby was performed, but they could not determine the cause of death. APD detectives are interviewing family members as they investigate what caused the child’s injuries.

https://www.koat.com/article/police-investigating-childs-death-in-albuquerque/28313969

https://www.krqe.com/news/albuquerque-metro/albuquerque-police-investigating-death-of-2-week-old-infant/

NEW MEXICO’S CHILD ABUSE RATE

A child abuse allegation is substantiated when it is determined that the victim is under the age of 18, a parent or caretaker has been identified as the perpetrator or identified as failing to protect the victim. Credible evidence must exist to support the conclusion of an investigation that the child has been abused or neglected as defined by the New Mexico Children’s Code. The types of child abuse under New Mexico criminal law are physical abuse, sexual abuse, and physical neglect.

The “child abuse rate” is the number of substantiated child victims per 1,000 children in a state during the state’s fiscal year. New Mexico’s fiscal year is July through June 30. In New Mexico’s 2018 fiscal year, the state’s child abuse rate was 15 meaning 15 children in every 1,000 children under the age of 18 in New Mexico were victims of abuse or neglect. In 2017, the rate was 25, in 2016 the rate was 17, in 2015 the rate was 18, in 2014 the rate was 16, and in 2013 the rate was 13 all rates higher than the national averages.

https://datacenter.kidscount.org/data/tables/5162-child-abuse-rate#detailed/2/any/false/37,871,870,573,869,36/any/11625

According to a report by the Children’s Bureau of the United States Department of Health and Human Services, New Mexico’s rate of child abuse and neglect has been far higher than the national average in each of the past 5 years for which data are available. In 2017, the state’s rate of maltreatment climbed to 17.6 victims per 1,000 children, or nearly twice the national average of 9.1. Only the 3 states of Kentucky, Indiana and Massachusetts had higher rates in 2017 according to the report. The state of West Virginia had the same rate as New Mexico.

https://www.abqjournal.com/1306042/nm-struggles-with-child-neglect-abuse.html

OTHER DISGRACEFUL STATISTICS

As if the New Mexico’s rate of child abuse and neglect being twice the national average were not bad or disturbing enough, the rankings and financial numbers relating to New Mexico’s children are depressing and staggering with some downright disgraceful:

According to the just-released 2019 “Map the Gap” report from Feeding America, 24.1% of children and young teenagers age 18 and younger in New Mexico, or one of every four children, are at risk of childhood hunger and food insecurity. This makes New Mexico’s ranking dead last in the country. In 2018 the “Map the Meal Gap” also ranked New Mexico as dead last, and in the 2017, the state ranked 49th. New Mexico ranks 50th for at risk of childhood in hunger and “food insecurity.”

27% of New Mexico kids live in poverty, ranking New Mexico 49th on this list. A spokeswoman for New Mexico Voices for Children, said 27% of kids in our state live in poverty, ranking the state 49th on this list, tied with Mississippi, according to data from the U.S. Census Bureau. Only Louisiana fares worse, ranked in 50th place with 28% of kids living in poverty.

75% of the state’s fourth-graders were not proficient in reading in 2017, compared to 65% nationally, and 80% of eighth-graders were not performing up to par in math in 2017, compared to 67% across the U.S.

You can read more on New Mexico’s disgraceful legacy of child hunger, illiteracy and well being at the below link:

https://www.petedinelli.com/2019/07/01/nms-disgraceful-legacy-of-child-hunger-illiteracy-and-well-being-gov-michelle-lujan-grishams-goal-to-ending-child-hunger-within-one-year/

2019 NEW MEXICO CHILD WELFARE LEGISLATION ENACTED

During the 2019 legislative session, which ended March, 15, 2019, the New Mexico Legislature struggled to enact child welfare legislation to protect New Mexico’s most innocent from child abuse, sexual abuse and neglect. Major legislation was enacted in an effort to reduce child abuse and neglect by providing services and employing a less punitive approach to families that clearly need help. All the legislation has been signed into law by Governor Michelle Lujan Grisham and the laws went in to effect July 1, 2019.

Following is a listing of the enacted legislation relating to child welfare reform as provided by the New Mexico Children Youth and Families Department:

House Bill 56: Prostitution as a Delinquent Act. All too often, children who are the victims of human trafficking are further traumatized by being arrested on prostitution charges. This bill decriminalizes prostitution by youths under 18 so they’re treated as victims who need services, not punished as delinquents. The child can be taken into protective custody, and their cases referred to the Children, Youth and Families Department (CYFD). This bill will both help prevent criminal prosecution that traumatizes and ensure that the child receives the support and services they need.

House Bill 230: Plan of Safe Care. Medical studies show that prenatal drug use can significantly affect a developing fetus. Research indicates that non-punitive interventions have the most long-term benefits for the children and families. This bill brings New Mexico into line with federal requirements and will help ensure the child and their parents receive the support and services they need by giving caseworkers more options to protect the child. This measure calls for alerting CYFD whenever an infant tests positive for addictive substances. The goal is to allow CYFD to assess the family situation and provide help, without the opening of a formal abuse or neglect case. CYFD will be required to create a plan of care to help ensure the baby’s safety and address substance abuse by the caregiver. The legislation brings the state into compliance with federal requirements and make the state eligible for an extra $200,000 a year in funding.

House Bill 236: Attendance for Success Act. Among the factors which have a direct effect on a child’s educational success is their absentee rate. Studies show missing as few as two days a month can drastically affect a child’s likelihood of graduating. This bill updates the New Mexico truancy laws to establish a progressive approach to addressing a child’s absenteeism. As part of that process, CYFD will work closely with the schools, the child, and the family, to ensure that they are linked to appropriate community-based support programs and services.

House Bill 314: Children’s Advocacy Centers. Child Advocacy Centers are organizations that provide training, prevention, and treatment services to victims of child abuse and neglect, and their non-offending family members. The bill establishes the criteria that a Child Advocacy Center operating in New Mexico must meet, based on the same best practices criteria that a Child Advocacy Center must meet in order to become accredited through the National Children’s Alliance.

House Bill 376 : Creating “Alternative Response” System. This bill deals with what is known throughout the country as “alternative response” where certain reports of abuse or neglect are assigned to an alternative track rather than a formal criminal investigation or children being removed from their parents’ custody. This law establishes an “alternative response” system in New Mexico starting in July 2020.

The alternative response system will be available after the state conducts an initial evaluation after a report of abuse or neglect is made and finds that the child isn’t in immediate danger. The enacted legislation requires the state to assess the family situation and may offer or provide services, including counseling or training for parents, aimed at addressing the causes of the problem that affects the child.

If the family refuses to participate, the state can proceed with an investigation and criminal charges. Most maltreatment cases involve allegations of neglect, and in New Mexico, most neglect cases involve a caregiver with a drug or alcohol problem, according to analysts for the Legislative Finance Committee (LFC). The goal is to focus on prevention of abuse and neglect rather than prison punishment with providing services as an alternative to removing a child from a home. HB 376 was approved with bipartisan support.

Senate Bill 23: Services for Youth Leaving Foster Care. This bill provides extra services to help teens in foster care transition to adult life. Young adults who age out of foster care from 18 to age 21 will be able to enroll in to the program if they’re in college or participating in vocational programs, allowing them to continue to receive services through age 21. The phased implementation will begin extending services in July of 2021, allowing CYFD to ensure additional infrastructure is in place to fully support these newly-eligible young adults

Senate Bill 341: Transfer Complete Course Work. This bill works to ensure that a child’s educational achievements are not adversely affected by their involvement in the foster care system. It ensures that they receive full credit for all completed coursework regardless of their movement within the New Mexico primary and secondary school systems.

Senate Bill 251: Tuition and Fee Waivers for Foster Children. This bill expands the population of foster care children eligible for a full waiver of post secondary tuition and fees at state institutions to any child who was in either state or tribal foster care on or after their 14th birthday. This waiver supports the goal of SB 23 of ensuring that children in foster care have all practicable supports and services necessary to achieve their full adult potential.

https://cyfd.org/news-events/news/cyfd-secretary-applauds-governor-legislature-for-steps-forward-on-child-welfare-reform

PROTECTING CHILDREN

On June 26, 2019, Governor Michelle Lujan Grisham during her keynote address to the annual “Kids Count Conference” told the audience that that the one thing that has kept her up at night is when she learned that the state Children, Youth and Families Department (CYFD) receives hundreds more referrals based on child abuse and neglect allegations than it has the staff to handle. According to the Governor, the problem is being addressed by expanded hiring efforts to boost staffing and other temporary measures. Lujan Grisham revealed that the state has held hiring events to recruit more CYFD employees and said and the Governor said:

“CYFD is boosting hiring in their protective services division. We did a rapid hire series of events statewide.”

Governor Lujan Grisham’s enacted budget that took effect July 1, 2019 provides for an additional $36.5 million for the chronically understaffed CYFD. Under the enacted budget, 102 new social workers are to be hired by the agency’s child’s Protective Services Division.

CREATING DEPARTMENT OF EARLY CHILDHOOD

A new “Early Childhood Department” was created by the 2019 New Mexico Legislature starting in January 2020. This was a major priority of Governor Lujan Grisham. The new department will focus state resources on children from birth to 5 years of age. A major goal of the new department, coupled with other investments, will be more New Mexico children growing up to secure gainful employment as adults who don’t require government services.

COMMENTARY AND ANALYSIS

Some say the New Mexico legislature did too little in this year’s 2019 legislative session to deal with New Mexico’s Child Abuse and Neglect crisis. More was done to address the child abuse crisis in last 60-day session than was done during the entire 8 years of the former Republican Governor “She Who Must Not Be Named”. The only solution offered during the previous Republican Administration was increasing criminal penalties and more incarceration and even calling for reinstatement of the death penalty.

Still, the New Mexico legislature needs and can do more. A proposal to expand New Mexico’s child abuse reporting laws failed to make it through this year’s session and it should be revisited and enacted in the upcoming 2020 legislative session. Further, and ombudsman system could be established within CYFD to handle complaints filed by foster families.

All too often after horrific crimes against a child happens, elected officials express outrage and quickly announce proposed changes in the law, propose increases in penalties, often including reinstating the death penalty for heinous crimes against children. The typical public relations approach is to demand a review of policies and procedures and vow to hold people accountable for their inaction or incompetence.

There must be swift criminal justice upon those who harm our most vulnerable and innocent. The New Mexico Legislature or Governor need to create a “Crimes Against Children Prosecution Task Force” within the CYFD in conjunction with the New Mexico Attorney General and the New Mexico District Attorneys Association, fund it and staff it with experienced prosecutors and a special investigation unit to prosecute all child abuse and child neglect cases in the State with assistance of the local District Attorneys.

New Mexico must find solutions to what contributes to or cause our most horrific crimes against children: domestic violence, substance abuse, children living in severe poverty, a poor education system, the breakdown of the family unit, the failures of our social services and child protective services, a failed mental health system, an ineffective criminal justice system, and a failing economy.

Our children’s lives depend upon it as does New Mexico’s future.

Jesus said: “Let the little children come to me, and do not hinder them, for the kingdom of heaven belongs to such as these.”

— Matthew 19:13-14
______________________________________________

POSTSCRIPT: NOTORIOUS CASES RECALLED

Six of the most notorious cases still haunt New Mexico and New Mexico continues to struggle with child abuse and neglect cases. The public needs to remember the names of these children and how all 6 children were killed to focus on how bad things are in New Mexico and its failure to protect its most vulnerable.

Following are those 6 cases:

1. OMAREE VARELA

In 2014, 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. Their lapel camera showed that the officers were there 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. The Omaree had been stomped and beaten to death by his parent. The autopsy report detailed the child’s injuries. The autopsy report said Omaree had lost about 25 percent of his blood volume through internal bleeding.

It was recently reported that Steve Casaus, the stepfather who was convicted of killing Omaree Varela could have his prison sentence cut in half.

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

2. VICTORIA MARTENS

On August 24, 2016, in one of the most brutal murders seen in Albuquerque’s history, APD found the dead body of ten-year-old Victoria Martens in an Albuquerque apartment. The APD Officers were responding to a 911 call for a “domestic” dispute. The APD officers discovered 10-year-old Victoria Martens’ dismembered body partially wrapped in a burning blanket in her mother’s apartment. The child’s mother, her boyfriend and the cousin of the boyfriend were arrested at the scene by APD. All three defendants were arrested and charged with first degree murder, child abuse resulting in great bodily harm and death, kidnapping, tampering with evidence and contributing to the delinquency of a minor.

On August 4, 2017 it was reported that an investigation by the Civilian Police Oversight Agency (CPOA) found that a spokesperson for APD “did lie” about the police department’s response to a CYFD referral concerning Victoria Martens prior to her death. In late January 2017, two police spokespersons told the media that officers did investigate the referrals and stated that interviews with Victoria Martens and her mother had been conducted. The APD spoke persons lied and there were no interviews of the child nor of her mother.

After close to a full year in custody by the 3 charged defendants, it was revealed by the District Attorneys Office that the confession of the mother was fabricated, the DNA evidence did not substantiate the claims and that another person actually killed Victoria Martens. The suspect remains at large.

http://www.koat.com/article/new-disturbing-details-revealed-in-victoria-martens-case/5268319

3. Jeremiah Valencia

In November 2017, the body of 13-year-old Jeremiah Valencia was found buried in a shallow grave in Santa Fe County. Prosecutors say his stepfather kept him locked up in a dog cage and tortured him, and his stepbrother killed him. An autopsy of Jeremiah’s body revealed lacerations consistent with sexual assault. The autopsy also revealed that portions of his body “had possibly been burned.” Jeremiah’s mother plead guilty for her role in the case. His stepfather committed suicide in jail.

https://www.santafenewmexican.com/news/local_news/documents-detail-alleged-torture-of-slain-boy-jeremiah-valencia/article_d1bc36eb-8a8f-53ef-8ab8-8418c338d33a.html

4. CHILD “JANE DOE”

In April, 2018, the New Mexico Attorney General launched and investigation after a school nurse reported that she thought a 9-year-old child girl was exhibiting signs of trafficking and sexual assault. The media never has released the child’s name and she is therefore referred in this article as Jane Doe. Other school employees described seeing “hickies” on the child’s neck and chest. In an April safe house interview, the child said one parent made her touch other adults inappropriately. One of the 7-year-old girl’s teachers found the girl’s underwear had caked blood on it, the child smelled of feces and urine. The teacher called the Albuquerque Police Department (APD) and the Children Youth and Families Department (CYFD) to report suspected child abuse.

The teacher told the APD Officer and the CYFD investigator she was “gagging because it smelled of feces and of urine”. When the teacher took the child’s clothing and went to put it in a bag, she discovered the child’s underwear had caked blood on it with dried feces. The teacher told the officers that the blood was not at all normal for a child of 7 who was not old enough to be menstruating. The teacher told the police officer and the CYFD investigator it was not the first time she had to give the 7-year-old child clean cloths and it was an ongoing problem. Instead of taking and tagging the child’s underwear into evidence, the APD officer threw it into a school dumpster, saying it was not useful as evidence. The child was never taken into protective custody. The child’s father case went to trial and the child testified against her defendant father. The District Court Judge was force to declare a mistrial in the jury trial after witnesses gave testimony about a topic that was prohibited. A second trial will be held and the child will have to testify again against her father.

https://www.koat.com/article/mistrial-declared-in-case-of-father-accused-of-prostituting-young-daughter/26572591

https://finance.yahoo.com/news/girl-8-testifies-father-accused-sex-trafficking-exchange-drugs-220955803.html

5. THE 5 YEAR OLD SON OF FERNANDO AZOFEIFA

On April 2, 2019, in Farmington, New Mexico Fernando Azofeifa, 45, was charged with the murder of his 5-year-old son by smothering him to death with a pillow after a fight with the new boyfriend of the boy’s mother. (News accounts reviewed did not disclose the child’s name) The child’s mother received a text message from Azofeifa stating she would never see her son again. According to the San Juan County Sheriff’s Office says Fernando Azofeifa had been arguing with the child’s mother and pointed a rifle at a man she had with her when the two met to exchange the 5-year-old. They say he later sent a text message to the mother saying she would never see her son again. Deputies found the Azofeifa at an apartment in Farmington and hile searching the apartment, detectives found the boy’s body.

https://www.krqe.com/news/mornings/april-1st-morning-rush-farmington-man-accused-of-murdering-son/

https://www.daily-times.com/story/news/crime/2019/04/02/farmington-man-accused-murder-son-hearing-san-juan-county-court/3331579002/

6. SARAH DUBOIS-GILBEAU

On April 5, 2019, it was reported that 5-year-old Sarah Dubois-Gilbeau, who had been diagnosed as being autistic, was beaten to death by her father, Brandon Reynolds with a rubber water shoe. APD Police say Reynolds, 36, beat his daughter to death because she refused to finish her homework, he had assigned her. She had welts and bruises all over her back and was literally beaten to death. Police found blood on the walls and carpet and bruising all over the girl’s body consistent with the treads from a shoe. The child was pronounced dead at University of New Mexico Hospital. Reynolds is charged with child abuse resulting in death.

https://www.krqe.com/news/father-accused-of-killing-5-year-old-girl-for-not-doing-her-homework/

https://www.kob.com/albuquerque-news/mom-says-5-year-old-allegedly-killed-by-father-had-autism/5307260/

On Sunday July 7, 2019 , it was reported that the APD Crimes Against Children Unit are investigating the death of a two-week-old infant at a Northwest Albuquerque apartment complex. Police were dispatched to the 1800 block of Indian School NW following reports that an infant was unresponsive.

Emergency medical personnel attempted treatment, but they determined the baby was “beyond help” and medical investigators determined the child’s injuries were suspicious. An APD spokesman said ““Detectives are conducting interviews to determine the course of events and what caused the injuries. … This is an open and active case.”

https://www.koat.com/article/police-investigating-childs-death-in-albuquerque/28313969

https://www.krqe.com/news/albuquerque-metro/albuquerque-police-investigating-death-of-2-week-old-infant/

https://www.abqjournal.com/1337334/apd-investigating-death-of-2-week-old-baby.html

HAVE THINGS CHANGED WITH APD?

In 2018, there were several high-profile child abuse cases in Albuquerque that were so mishandled by the Albuquerque Police Department (APD) and the New Mexico Children, Youth and Families Department (CYFD) that major policy changes in handling child abuse cases by APD were ordered by Mayor Tim Keller. Keller decided APD officers should respond to all cases reported to CYFD’s Statewide Central Intake center.

The high-profile case that prompted the APD policy changes was the case of Terri Sanchez and James Stewart, the mother and father of a seven-year-old girl, who were charge by the NM Attorney General Office with serious child abuse allegations including human trafficking, promoting prostitution, child abuse and criminal sexual contact of a minor. The facts of the case merit review as does the changes announced by Mayor Tim Keller at the time.

FACTS OF CASE REVISTED

The AG’s Office launched its investigation in April, 2018 after a school nurse reported that she thought a 9-year-old child girl was exhibiting signs of trafficking and sexual assault. Other school employees described seeing “hickies” on the child’s neck and chest. In an April safe house interview, the child said one parent made her touch other adults inappropriately. One of the 7-year-old girl’s teachers found the girl’s underwear had caked blood on it, the child smelled of feces and urine. The teacher called the Albuquerque Police Department (APD) and the Children Youth and Families Department (CYFD) to report suspected child abuse.

The Albuquerque Police Department (APD) released three (3) lapel videos and recordings of the 911 calls of APD officers going to the hotel for a well fare check and the elementary school to interview the child’s teacher. A November 14, 2017 lapel camera video of an APD Officer and a Children Youth and Families Department (CYFD) investigator was released of the 7-year old’s teacher being interviewed. In the video, the teacher describes how she took the child to a bathroom located in the classroom to have her cleaned up and provide the child with clean clothing.

The teacher tells the APD Officer and the CYFD investigator she was “gagging because it smelled of feces and of urine”. When the teacher took the child’s clothing and went to put it in a bag, she discovered the child’s underwear had caked blood on it with dried feces. The teacher told the officers that the blood was not at all normal for a child of 7 who was not old enough to be menstruating. The teacher told the police officer and the CYFD investigator it was not the first time she had to give the 7-year-old child clean cloths and it was an ongoing problem.

The teacher took the child’s clothing, bagged it, and saved it for police. The teacher reported that she left the bag of the child’s clothing in a locked classroom bathroom and then left the classroom. The teacher testified in a detention hearing that when the police officer came to the school the following day, the APD officer said they could not use the underwear as evidence. She said the APD officer told her the underwear had not been kept in a secure location.

The police officer also said to the teacher “they’re going to have a field day if this ever went to court.” Instead of taking and tagging the child’s underwear into evidence, the APD officer threw it into a school dumpster, saying it was not useful as evidence. After the officer finished talking to the teacher, the APD Officer and the CYFD investigator had a discussion on what to do with the child’s clothing collected by the teacher. The APD officer actually asks the question “Do you think it is a good idea to collect them?” The CYFD investigator then tells the officer “That’s up to you guys. That ain’t my department.”

The APD officer attempted to call the APD Crimes Against Children Unit to get guidance on what to do with the clothing and apparently never received a response. APD officers did not arrest the mother or father. The child was never taken into protective custody following the November 14, 2017 interviews. On November 14, 2017 a child welfare check was made at the hotel the child was residing with her parents and the girl’s teacher was interviewed at her school.

James Stewart’s case went to trial and the child testified against her defendant father. The District Court Judge was force to declare a mistrial in the jury trial after witnesses gave testimony about a topic that was prohibited. A second trial will have to be held and the child will have to testify again against her father.

MAYOR KELLER AND APD CHIEF GEIER BACKTRACK

Initially, both Mayor Keller and APD Chief Geier insisted that no one with APD violated any policies or procedures, including when an APD officer tossed out the bloody underwear of the child. Keller and Geier then doubled down when they said that officers and detectives did everything, they could with the information they had at the time. After Keller and Geier doubled down, it was reported that when two APD officers and two detectives with APD’s Crimes Against Children Unit looked into an allegation that the 7-year-old child had blood on her underwear someone from APD in fact accessed the states Children Youth and Families (CYFD) law enforcement portal and reviewed the family history of CYFD contacts. After a week of intense media coverage Keller ordered APD to launch an Internal Affairs investigation to provide a more complete accounting of the department’s interactions related to the incident involving the parents and the child.

On June 2, 2018, the Albuquerque Journal published front-page story on an interview Keller had with the editors entitled “KELLER WALKS BACK DEFENSE OF APD IN CHILD ABUSE CASE; Mayor: ‘Bunker mentality’ stalls reform in department”.

Mayor Keller is quoted as saying:

“It was premature to go out with those kinds of statements [that no one with APD violated any policies or procedures and that officers and detectives did everything they could with the information they had at the time] … We should have waited. … What we learned is that you can’t make a few phone calls and say you have the entire picture, and we’re not going to do it again. I think we learned a lot through this. … There are still lots and lots of issues at APD. … It’s just a realization that reforming APD in reality is going to be a unit-by-unit exercise and that is going to take years.”

https://www.abqjournal.com/1179756/keller-walks-back-defense-of-apd-in-abuse-case.html

MAYOR KELLER ORDERED CHANGES

On May 18, 2018 Mayor Keller ordered APD to examine how they investigate possible child abuse or children’s safety issues in the wake of the case and the accusation of suspected sex trafficking of the girl by her parents with whom police had prior contacts.

Mayor Tim Keller ordered APD to undertake the following steps:

1. Review child abuse cases for patterns that raise red flags.

2. Work on trauma-informed interviewing techniques.

3. Use the Real Time Crime Center to identify people with repeat interactions with law enforcement or child welfare agencies.

4. Work with a state Children, Youth and Families Department task force to review prior cases.

5. Prioritize recruitment and funding for civilian and sworn positions that work on children’s cases.

6. Reach out to other law enforcement agencies, prosecutors, the courts, CYFD and child advocates to coordinate crimes against children cases.

7. Evaluate policies on evidence collection.

In a press release announcing what action he wanted APD to take, Mayor Keller said:

“We’re going to do everything we can to try to prevent this from happening [ever again]. It’s going to take all of us – law enforcement agencies, child advocates, prosecutors and the courts. … Today we’re stepping up ourselves, and we’re reaching out to all these partners to address coordination for cases impacting children’s safety. We’re asking all of these partners to review how they interact on child abuse, sexual assault and human trafficking cases, including the handling of evidence. We’ve got to figure out a way to build a system that protects our kids.” (Ephasis added)

TWO OTHER NOTORIOUS APD CASES REMEMBERED

There are two other cases Mayor Tim Keller, APD Chief Michael Geier and the public need to be reminded of involving APD: Omaree Varela and Victoria Martens.

OMAREE VARELA

In 2014, 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. Their lapel camera showed that the officers were there 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. Omaree had been stomped and beaten to death by his parent. The autopsy report detailed the child’s injuries. The autopsy report said Omaree had lost about 25 percent of his blood volume through internal bleeding.

VICTORIA MARTENS

On August 24, 2016, in one of the most brutal murders seen in Albuquerque’s history, APD found the dead body of ten-year-old Victoria Martens in an Albuquerque apartment. The APD Officers were responding to a 911 call for a “domestic” dispute. The APD officers discovered 10-year-old Victoria Martens’ dismembered body partially wrapped in a burning blanket in her mother’s apartment. The child’s mother, her boyfriend and the cousin of the boyfriend were arrested at the scene by APD. All three defendants were arrested and charged with first degree murder, child abuse resulting in great bodily harm and death, kidnapping, tampering with evidence and contributing to the delinquency of a minor.

On August 4, 2017 it was reported that an investigation by the Civilian Police Oversight Agency (CPOA) found that a spokesperson for APD “did lie” about the police department’s response to a CYFD referral concerning Victoria Martens prior to her death. In late January 2017, two police spokespersons told the media that officers did investigate the referrals and stated that interviews with Victoria Martens and her mother had been conducted. The APD spoke persons lied in that and there were no interviews of the child nor of her mother as they had said.

After close to a full year in custody by the 3 charged defendants, it was revealed by the District Attorney’s Office that the confession taken by APD of the mother was fabricated by the mother in order to cooperate with APD, the DNA evidence gathered and finally tested by APD did not substantiate the claims and that another person actually killed Victoria Martens. The suspect remains at large.

http://www.koat.com/article/new-disturbing-details-revealed-in-victoria-martens-case/5268319

WHAT HAPPENS NOW IS NO LONGER APD’S PROBLEM

On June 28, 2019, it was announced by the Keller Administration with a press release that the procedures ordered by Mayor Keller in May, 2018 would be altered. It was announced APD officers will only respond to calls that are determined to be “emergency” and “priority one” calls. “Priority One” calls involve immediate danger of physical harm. All the rest of the calls will be responded to and handled by just CYFD workers. According to the APD press release, the changes will run through August to test how effective they are and then will be evaluated for success.

Under the test procedures, Statewide Central Intake (SCI) will take responsibility for calls that are not categorized as emergencies or priority one and will send CYFD counseling or family services to follow up. According to the APD news release, CYFD will continue to provide child neglect and abuse reports to APD’s Crimes Against Children Unit.

Lt. Nicholas Sanders with APD’s criminal investigations division juvenile section explained the rational for the changes as follows:

“What we were seeing was APD was receiving calls for real, real general, not even neglect, just general calls that were coming in … Some of those would be an incident where a child missed an appointment for an eye exam. Then you’re getting law enforcement out there looking at that element, when it was just truly just a family structure issue that made that child not be able to attend the doctor’s appointment and no real criminal element.”

APD did not provide the number of calls officers responded to that were reported to the Statewide Central Intake center since March 2018 when officers began responding to all calls. CYFD said they had 4,228 cases reported in Bernalillo County between then and now. Of those calls, they said 2,444 were rated as emergencies and 1,784 were rated as priority ones. Some of those calls would have been fielded by the Bernalillo County Sheriff’s Office deputies instead of APD officers.

https://www.abqjournal.com/1334554/apd-testing-out-responding-to-only-high-priority-cyfd-calls.html

COMMENTARY AND ANALYSIS

With the passage of time, Mayor Tim Keller and APD find it all too easy to announce major changes in policy relating to child abuse cases by press release no doubt believing no one cares or will take notice. For that reason, Mayor Tim Keller needs to be reminded of what he said on May 18, 2018:

“We’re going to do everything we can to try to prevent this from happening [ever again]. … We’ve got to figure out a way to build a system that protects our kids.”

It is highly likely the case involving the bloody underwear of a 9-year-old would have not have been classified as a priority one call or emergency call that lead to changes in APD policy by Mayor Keller. No doubt the July 7, 2019 shocking case involving the death of a 2-week-old baby was an “emergency” and “priority one” call under the APD altered policies. What remains to be seen is did APD or CYFD ever have any contact at all with the family before the baby’s death. What is likely is we will hear absolutely nothing from Mayor Keller regarding the recent case unless of course he expresses sorrow and condolences and announces new policies which are policies abandoned by his administration months after they were initially announced by him.

Absolutely nothing has been said by APD nor Mayor Tim Keller as to what he promised and what has in fact been done to:

1. Review child abuse cases for patterns that raise red flags.

2. What has been done by APD to work on trauma-informed interviewing techniques.

3. How the APD Real Time Crime Center is being used to identify people with repeat interactions with law enforcement or child welfare agencies.

4. What work is being done by the state Children, Youth and Families Department (CYFD) task force to review prior cases.

5. What has been done to prioritize recruitment and funding for civilian and sworn positions that work on children’s cases.

6. What has been done to reach out to other law enforcement agencies, prosecutors, the courts, CYFD and child advocates to coordinate crimes against children cases.

7. What exactly has been done to evaluate policies on evidence collection.

When it comes to Mayor Tim Keller, you can always count on him to do a good press conference by saying all the right things but never have any substantive follow up unless of course it’s to take credit for something done such as reducing crime rates. Perhaps sooner rather than later, Mayor Tim Keller will announce what he has actually done “to build a system that protects our kids” unless of course his APD Department discards his orders to change policy he has announced.