Feeding America is the largest hunger-relief organization in the United States. It has a network of 200 food banks and 60,000 food pantries and meal programs scattered throughout the United States. Altogether, the network of organization provides meals to more than 46 million people each year.

Every year, Feeding American conducts a survey known as the “Map the Meal Gap 2019” annual report to identify the extent of at risk of childhood hunger and “food insecurity.” Food insecurity is defined as “inability of individuals or families to know where a portion of their food will come from at any given time.”

According to the just-released 2019 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 making New Mexico’s rank dead last in the country. In 2018 “Map the Meal Gap” also ranked New Mexico as dead last, and in the 2017, the state ranked 49th.

Arkansas is this year’s 49th place holder with 23.6% of children at risk for childhood hunger followed by Louisiana ranked 48th with 23% and Mississippi at 47th with 22.9%. According to the “Map the Meal Gap” report, the states with the fewest percentage of kids who are at risk of food hunger are North Dakota, ranked first with 9.8% of kids, followed by Massachusetts at 11.7%, New Hampshire with 12.3% and Minnesota with 12.6%.

What is striking is how pervasive hunger in New Mexico really is. The Map the Meal Gap reported that 324,000 people of all ages or 15.8% in the State of New Mexico are at risk of hunger. The report ranked the worst five counties in New Mexico with the highest percentage of child hunger and they are: McKinley County with 33.5%, Luna County with 33.4%; Cibola and Catron Counties each with 30.4%; and Sierra County 27.8%.

According to Roadrunner Food Bank spokeswoman, Sonya Warwick, the actual cause of the problem are many factors and she said:

“In some instances, that food insecurity results from adults in a family having unreliable seasonal jobs, or hourly workers suddenly finding that their hours were reduced, people who are unemployed or underemployed, those facing homelessness, domestic violence or health issues. … [Many people fall into the gray area] “where they’re still very poor, but make just over what might qualify them for federal food assistance programs.”

The biggest single factor causing New Mexico’s child hunger and “food insecurity” is the number of children who live in poverty. New Mexico is near the top of this list also. A spokeswoman for New Mexico Voices for Children, said 27% of kids in our state live in poverty, ranking us 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.

https://www.abqjournal.com/1310364/new-mexico-again-leads-nation-in-child-hunger.html

HUNGER AND POVERTY NOT THE ONLY CRISIS

For the first time in five years, New Mexico has fallen to last among states when it comes to the economic, educational and medical well-being of its children, according to a nonprofit that tracks the status of U.S. kids. According to the 2018 Kids Count Data Book, 30% of New Mexico’s children were living in poverty in 2016, compared to 19% nationwide that year, the earliest figures available. In educational measures, the report says 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. The most troubling in the 2018 Kids Count Data Book is New Mexico’s steep drop in ranking for health care measures which previously was a bright spot for the state.

http://www.santafenewmexican.com/news/education/report-new-mexico-ranks-last-in-child-well-being/article_0f6865fc-d34a-5050-9f74-21680e98a2a5.html

In New Mexico, 71.6% of the state’s public-school students come from low-income families, and 14.4% are English-language learners. Further, 14.8 percent of students have disabilities, and 10.6 percent are Native American. Proficiency rates for Native American students in the past 3 years, was at 17.6% and their math proficiency was at 10.4%.

https://www.abqjournal.com/1200069/questions-surround-ruling-on-nm-education-funding.html

2019 LEGISLATURE TACKLES THE PROBLEM

During the 2019 New Mexico Legislative session, the legislature approved an education budget of $3.2 Billion, 16% over last year’s budget, out of the total budget of $7 Billion. Included in the budget is a $500 million in additional funding for K-12 education and increases in teacher pay.

The massive infusion of funding to public education is the result of the District Court ruling that ruled the state of New Mexico is violating the constitutional rights of at-risk students by failing to provide them with a sufficient education. The District Court found that many New Mexico students are not receiving the basic education in reading, writing and math they should be receiving in our public-school system.

Early childhood programs will be given a major increase in funding. Under the enacted 2019-2020 budget, every public-school district will be allocated significantly more funding. Teachers have not had any raises to speak of for the last 8 years. Teachers and school administrators will be given 6% pay raises with more money to hire teachers.

A new “Early Childhood Department” was created starting in January 2020. This was a major priority of the 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.

ALBUQUERQUE PUBLIC SCHOOLS

APS has an approved 2018-2018 approved budget of $1.38 Billion. Albuquerque Public Schools (APS) is New Mexico’s largest school district, serving more than a fourth of the state’s students and nearly 84,000 students.

The ethnicity of the APS 84,000 students is:

65.8% Hispanic
22.9% Caucasian/White
5.5% American Indian
3.2% African American
2.3% Asian American
0.2% are “other”

Of the 84,000 APS students 16.6% are classified as “English Learners”, 17.2% are classified as “Students with Disabilities”, and 5.9% are in gifted programs. There are 29 APS authorized charter schools with 7,100 students attending the charter schools.

APS is among the top 40 largest school districts in the nation and the largest in New Mexico. APS operates 142 schools consisting of 4 K-8 schools, 88 elementary schools (K through 8th grade), 27 middle schools (6-8 th grade), 21 high schools (9th to 12th grade) and 2 alternative schools.

APS serves many students in need with nearly two-thirds qualifying for the federal school meals program. The school district serves 29,000 breakfast per school day and 41,000 lunches per school day.

PROTECTING CHILDREN

Albuquerque and New Mexico during the last 4 to 8 years has been stunned, shocked and haunted with the news of the tragic and brutal killing of children by their own parents. Eight years ago, the former Republican Governor was elected in part because of publicity she garnered as an elected District Attorney prosecuting the “Baby Brianna” child abuse case. Lest anyone forget, baby Brianna Lopez was the 5-month old who was brutally raped and beat to death in 2002 by her own mother. Since 2001, in New Mexico, no less than 24 children, 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.)

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. The New Mexico legislature allocated an additional $36.5 million for the chronically understaffed Children, Youth and Families Department. Under the enacted budget, 102 new social workers are to be hired by the agency’s child’s Protective Services Division.

COMMENTARY ANALYSIS

The rankings and financial numbers are depressing and staggering:

** New Mexico ranks 50th for at risk of childhood in hunger and “food insecurity.”

** New Mexico is last among states when it comes to the economic, educational and medical well-being of children.

** 27% of New Mexico kids live in poverty, ranking New Mexico 49th on this list.

** 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.

** In 2019, the New Mexico legislature approves an education budget of $3.2 Billion out of a $7 billion budget, increasing the education budget by 16% over last year’s budget.

**The 2019 New Mexico legislature approved $36.5 million for the chronically understaffed Children, Youth and Families Department

** APS approve a 2018-2018 budget of $1.38 Billion.

When it is all said and done, and the money spent and long gone, there is no guarantee that New Mexico rankings will get any better when it comes to children living in poverty.
Notwithstanding, Albuquerque and New Mexico, and all of its leaders, have a moral obligation to do something to address poverty, children living in poverty and to protect our most venerable population, its children.

Our children’s lives, their future and our future depend upon it.

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

On May 1, 2019, Federal Court Appointed Monitor James Ginger filed his ninth “Compliance Levels of the Albuquerque Police Department and the City of Albuquerque With Requirements of the Court-Approved Settlement Agreement” (CASA) report with the Federal Court. The report is 286 pages long and follows the same format as all the previous 8 reports: a detailed audit of every paragraph of the consent decree.

(Case 1:14-cv-01025-JB-SMV, Document 444 Filed 05/01/19 Page 1 to 286, Monitor’s Ninth Report, Compliance Levels of the Albuquerque Police Department and the City of Albuquerque with Requirements of the Court-Approved Settlement Agreement No. CIV 14-1025-JB-SMV).

http://documents.cabq.gov/police/reports/department-of-justice/ninth-albuquerque-police-department-progress-report-march-2019.pdf

This article highlights major points of the report. It is not intended to be exhaustive. This report covers the compliance efforts of APD during the audit period of August, 2018 through January, 2019.

INTRODUCTION SUMMARY

According to the monitor, a new strategy has been developed by APD, one which the monitoring team believes will significantly aid efforts to implement the spirit of the CASA and specific requirements. According to the report APD Chief Michael Geier and his command staff “have identified and replicated several state-of-the art policing strategies that are designed to transition APD to an agency that has true partnerships with the citizens it serves.”

The Federal monitors reports executive summary proclaims:

“For the second reporting period in a row, the compliance efforts … observed during this reporting period differ substantively from those … observed earlier in the monitoring process. … [T] he current APD executive staff continue to be fully committed to CASA compliance processes. Most of the new command and oversight [personnel] also appear to be fully committed to moving APD forward in its compliance efforts. [The monitor’s team] found extremely attentive audiences for … compliance process advice, and in most cases, APD has moved forward adroitly as it implements responses to that advice.”

“… [T] he current leadership continues to demonstrate a grasp of the key issues involved in the compliance process and they are building effective problem-solving mechanisms designed to effectuate meaningful change at APD.”

During the 9th reporting period, “APD has adopted the long-term approach to reform [that the monitoring team has] recommended from the early stages of this process. … [T]his is a critical change in approach. The new executive and management [team] at APD have been highly responsive to monitoring team feedback.”

APD’s management “have made palpable progress. More importantly, they have constructed critical foundations for the change that still remains to be accomplished.”

APD IMPLEMENTS STATE-OF-THE ART COMMUNITY POLICING

APD has implemented 4 new initiatives proven effective in other police departments as being highly successful.
The 4 initiatives are:

1.EPIC –ETHICAL POLICING IS COURAGEOUS: A peer-based program designed to empower individual officers [with] the strategies and tools to step in and intervene in improper police behaviors in order to prevent problems before they occur. EPIC train[s] officers in how to defuse situations before they become critical issues in how officers interact with and treat the public.

2. LAW ENFORCEMENT ASSISTED DIVERSION (LEAD) programs are designed to end the revolving door of arrest-try-incarcerate-repeat generated by most law enforcement programs designed to deal with drug abuse or prostitution. The program allows law enforcement officers to redirect low-level offenders engaged in drug or prostitution activity to community-based services, thus preventing negative outcomes of being processed by official criminal justice system components for first offenses.

3. CIT-ECHO—An Extension for Community Healthcare Outcomes: A collaborative model of medical education and care management that empowers clinicians to provide better care to more people. ECHO dramatically increases access to specialty training and knowledge by front-line law enforcement personnel with the knowledge and support they need to manage difficult interactions.

4. PROBLEM RESPONSE TEAMS—Dedicated community-policing trained officers assigned to community outreach and problem-solving modalities that involve working directly with local residents and business owners to identify problems, issues, needs and solutions related to articulated community problems.

ACCOMPLISHMENTS AND STEPS TAKEN TO MOVE PROCESS FORWARD

According to the 9th Federal Monitors Report, “APD continues moving toward becoming a data driven organization that uses data and facts to assess issues, identify potential solutions, and effect meaningful change.”

APD has now taken the following direct actions to move their compliance processes with the CASA forward:

“• Building a more rigorous development and assessment practice at the Training Academy related to curriculum development, delivery and assessment;

• Reorganizing and staffing the Internal Affairs processes in a manner designed to improve the quality of internal investigations.”

PERSISTANT PROBLEM AREAS IDENTIFIED

The 9th Monitors Report identified 3 persistent problem areas carried over from the previous administration, all of which present clear obstacles to effective compliance.

The obstacles include:

“1. Resolving issues relating to identification, assessment and action on events constituting alleged policy or rule violations by sworn personnel within the 90-day limit established by union contract;

3. A continuation of what … [is] … labeled the “Counter-CASA Effect” at APD.”

OPERATIONAL COMPLIANCE LEVELS

For the purposes of the APD monitoring process, “compliance” consists of three parts: primary, secondary, and operational.

The 3 compliance levels are described as follows:

1. PRIMARY COMPLIANCE: Primary compliance is the “policy” part of compliance. To attain primary compliance, APD must have in place operational policies and procedures designed to guide officers, supervisors and managers in the performance of the tasks outlined in the CASA. As a matter of course, the policies must be reflective of the requirements of the CASA; must comply with national standards for effective policing policy; and must demonstrate trainable and evaluable policy components.

2. SECONDARY COMPLIANCE: Secondary compliance is attained by implementing supervisory, managerial and executive practices designed to (and effective in) implementing the policy as written, e.g., sergeants routinely enforce the policies among field personnel and are held accountable by managerial and executive levels of the department for doing so. By definition, there should be operational artifacts (reports, disciplinary records, remands to retraining, follow-up, and even revisions to policies if necessary, indicating that the policies developed in the first stage of compliance are known to, followed by, and important to supervisory and managerial levels of the department.

3. OPERATIONAL COMPLIANCE: Operational compliance is attained at the point that the adherence to policies is apparent in the day-to-day operation of the agency e.g., line personnel are routinely held accountable for compliance, not by the monitoring staff, but by their sergeants, and sergeants are routinely held accountable for compliance by their lieutenants and command staff. In other words, the APD “owns” and enforces its policies.

During the audit period of August 1, 2018 to January 14, 2019 the report found APD was 99.6% in primary compliance, 79% in secondary compliance and 63% in operational compliance. This is up slightly from the previous report when the department was in 75.4% secondary compliance and 59.2% in operational compliance. Primary compliance remained the same between the two periods.

OBSTACLES TO COMPLIANCE

“While on-site during the reporting period, a meeting was held with members of the monitoring team, APD command staff, the City, the US Attorney and DOJ to discuss two specific issues we see as key illustrations of obstacles to compliance:

2) Incorrect interpretations of when a timeline begins for the completion of an investigation. Failing to properly remediate performance deficiencies and tepid responses to policy violations will impede seriously reform efforts.”

According to the monitors report “policy violations that should be reported to Internal Affairs are instead often being handled in area commands or within Additional Concern Memos (ACM). ACMs have been found to contain information that clearly required Internal Affairs referrals, but as important, is the fact that ACMs are a poor mechanism to track aggregated data that can be used for performance plans and as data for the EIRS. To its credit, APD has acknowledged this practice is creating issues for the agency and committed to ending the use of ACMs entirely.”

ROLE OF POLICE OVERSIGHT BOARD

According to the monitors report “There have been indications that the Police Oversight Board’s (POB) role in the oversight process and the reform process of the CASA is not being taken seriously enough by the City.”

“The POB consists of 9 members, all of whom are needed to keep current with its challenging workload and tasks of the Board and its sub-committees. Three POB vacancies occurred in 2018, (March 2018; June 2018; and September 2018). None of these vacancies had been filled by the end of this IMR period (January 31, 2019).”

“Another related issue was the reappointment of the Executive Director [Ed Harness] to a second term. His first term expired in October 2018. In anticipation of the end of his contract … the POB voted to renew the Executive Director’s contract in May of 2018. Notwithstanding that the CASA gives the authority to select the Executive Director to the POB (“the agency”), City Council twice delayed voting on approval of the reappointment. The Executive Director was finally approved in early December 2018; however, at the expiration of this IMR period he was still working without a contract.”

CONCLUSION SUMMARY

According to the monitors 9th report “[At the close of] the reporting period, APD is in a strong position to move forward successfully; however [there are] potential obstacles to finishing compliance efforts in a timely manner.”

The Monitors report identified APD’s strengths, weaknesses, opportunities, and threats to the remaining tasks facing APD as it moves forward in implementing the CASA.

STRENGTHS IDENTIFIED

The federal monitor identified two major strengths:

1.“APD executive staff, i.e., the chief of police and deputy chiefs of police and most in the command levels of APD are committed, knowledgeable, change-oriented individuals, and are beginning to look “outside” the agency for models, processes, product and solutions to the issues confronting the agency as it moves forward with compliance efforts.”

2.“The current city administration has committed to the requisite funding levels that were obvious from the outset of the project in 2015. Acquisition of additional officers, and funding for needed information and management systems are being met at a level that is necessary for moving forward with many CASA-related processes.”

WEAKNESSES IDENTIFIED

Despite the strengths noted, the report found that APD is still confronted with several weaknesses that have and will continue to retard the reform progress.

The weaknesses include:

“▪ A lack of vision among some of the command ranks;
▪ A lack of full commitment to reform at command through sergeant levels;
▪ A paucity of technical skills in command ranks;
▪ A lack of integration of compliance efforts;
▪ Overt resistance from some in command, mid-management, and supervisory levels;
▪ A paucity of technical skills among key elements of the reform effort, including:

According to the report, the weaknesses listed are the same weaknesses noted since the inception of the monitoring project, and are reflective of the lack of an outside focus by APD during the past administration.”

OPPORTUNITIES IDENTIFIED

The Federal Monitor reported several opportunities for APD to move forward effectively and they include:

“▪ Enhanced funding levels from new administration;
▪ Enhanced support from new administration;
▪ Newly earned trust from community;
▪ The continued Court mandate for “change;”
▪ Acceptance of “outside hires” at management and technical levels; and
▪ Existence of “experienced” organizations that have preceded APD in the reform effort (Los Angeles, Seattle, New Orleans, Cleveland etc.).”

THREATS IDENTIFIED

The Federal Monitor identified formidable threats to APD’s success as follows:

“▪ The Counter-CASA effects … discussed in detail over the past five reports;
▪ Technological, managerial, and supervisory skill deficits; and
▪ The shelf-life of existing opportunities (discretionary funding for reform efforts) may soon dry up, as the City is required to focus on other, equally important issues.”

COMMENTARY AND ANALYSIS

In November, 2014, the CASA was entered into between the City of Albuquerque, the Albuquerque Police Department (APD), the DOJ and approved by a federal judge.

The CASA provides for termination of the agreement as follows:

“The City will endeavor to reach full and effective compliance with this Agreement within four years of its Effective Date. The Parties agree to jointly ask the Court to terminate this Agreement after this date, provided that the City has been in full and effective compliance with this Agreement for two years. “Full and Effective Compliance” shall be defined to require sustained compliance with all material requirements of this Agreement or sustained and continuing improvement in constitutional policing, as demonstrated pursuant to the Agreement’s outcome measures.” (Page 103 of CASA)

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

After review of the DOJ investigation report, the CASA mandates, and the reforms implemented, a conclusion that can be reached is the spirit and intent of the CASA has been attained and it should be terminated sooner rather than later. However in the 9th report, the Federal Monitor failed to indicate in any manner how much more time and how much money will be needed to complete the reform process under the CASA.

In November, 2019, it will be a full 5 years has expired since the city entered into the Court Approved Settlement Agreement (CASA) with the Department of Justice (DOJ). For nearly 3 years, the previous Republican City Administration and the former Republican APD command staff did whatever it could to undermine and undercut the implementation of the DOJ mandated reforms. During the last 18 months, there has been a dramatic turnaround with the implementation and progress with the reforms.

From all appearances, and from review of all the Federal Monitor’s last 9 reports, the City and APD have completed the following mandated reforms under the Court Approved Settlement Agreement:

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

2. All sworn have received at least 40 hours crisis management intervention training.

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

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

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

6. “Constitutional policing” practices and methods as well as mandatory crisis intervention techniques and de-escalation tactics with the mentally ill have now been implemented at the APD Police Academy with all sworn also having received the training.

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

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

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

10. Police Oversight Board has been created, funded, fully staffed and a director has hired been hired and his contract renewed.

11. The Community Policing Counsels have been created in all area command and the counsels meet monthly.

12. The Mental Health Advisory Committee has been implemented.

13. The CASA identified that APD was severely understaffed. The city intends to spend $88 million dollars, over a four-year period, with 32 million dollars of recurring expenditures, to hire 322 sworn officers and expand APD from 878 sworn police officers to 1,200 officers. APD is projecting that it will have 980 officers by July, 2019 by growing the ranks with both new cadets, lateral hires from other departments, and returning to work APD retirees.

14. The November of 2018 monitors report found APD achieved 99.6% compliance rate with primary tasks, 75.4% secondary compliance and 59.5% operational compliance with APD making significant progress in compliance. In May, 2019, APD achieved a 100% compliance with primary tasks, 79% secondary compliance and 61% operational compliance.

INTENT AND PURPOSE OF CASA HAS BEEN ACHIEVED

The CASA was negotiated to be fully implemented over a four-year period which is still achievable given the amount of progress APD has made. Under the CASA, once APD achieves a 95% compliance rate in all 3 compliance areas, the case can be dismissed. According to the Use of Force Report for the years 2017 and 2018, APD’s “use of force” and “deadly force” is down, which was the primary objective of the CASA reforms. Based on the statics for the 3 compliance areas reported, it would appear that within a year APD and the city should achieve a 95% compliance in the three compliance areas that will allow for a dismissal.

The biggest complaint of all the DOJ consent decrees in the country is that implementation and enforcement “go on and on” for years costing millions in taxpayer dollars and resources to a city that could be better used for essential services. The consent decree in Los Angeles has been going on now for about 16 years.

The delay in full implementation of all the reforms within the 4 years is inexcusable and the result of the previous incompetence of the prior APD command staff and administration. Further, the Federal Court and the Department of Justice contributed to the delay in implementing the reforms by refusing to be aggressive and take action against APD management that engaged in “delay, do little and deflect” tactics as decried by the monitor. The Federal Monitor also did little to assist APD with implementation of the reform’s other that “audit and monitor progress” conveniently proclaiming it was not his job to help APD, that his job was to collect data and information, audit and to report to the court on compliance and to collect his $4.5 million in fees.

All other federal consent decrees of city police departments involve in one form or another the finding of “racial profiling” and the use of excessive force or deadly force against targeted groups or minorities. Consent decrees involving “racial profiling” and racism are far more difficult and complicated to enforce because you cannot “teach” racial equality, eliminate racism in people and it is difficult to identify that a person is a racist when you recruit someone to be a police officer.

The 2013-2014 DOJ investigation of APD “use of force cases” and a finding of a “culture of aggression” within APD dealt with police officers’ interactions and responses to suspects that were mentally ill and that were having psychotic episodes. APD Police Officers were found to have escalated encounters with the mentally ill, even calling SWAT out to deal with the conflicts, such as the 2014 killing of mentally ill and homeless camper James Boyd in the Sandia Foot hills.

The 2014 DOJ investigation found that APD policies, training, and supervision were insufficient to ensure that officers encountering people with mental illness or in distress do so in a manner that respected their rights and in a manner that was safe for all involved. Crisis intervention and dealing with the mentally ill is “teachable” and “trainable.” APD has now trained its police officers to deal with the mentally ill and constitutional policing practices continue to be emphasized at the APD Academy.

APD is making significant progress in becoming fully staffed and returning to “community policing.” The City has also created the Police Oversight Board to deal with citizens’ complaints, the Community Policing Counsels and the Mental Health Advisory Committee.

With the continued implementation of the DOJ reforms, especially those reforms involving the mentally ill, the spirit and intent of the CASA has been realized. A 95% to 100% compliance with all the CASA primary, secondary and operational compliance goals should be achievable no more than 12 months, if not sooner, from now.

The roll of the Federal Monitor should now be reduced as well as the continued costs of the monitoring team reduced. APD and the City should commence negotiations immediately with the Department of Justice for a stipulated “Order of Compliance” from the Federal Court with a dismissal of any and all causes of action the DOJ may have against the city and APD within a year.

Otherwise, taxpayers and the city of Albuquerque will be sucked into “year after year” of expenses and costs associated with a consent decree whose primary objective has been achieved, with the Federal Monitor demanding another $4 million to audit progress on goals that have been essentially achieved

You always know when its an election year when politicians call a press conference to announce new initiative’s and funding for their constituents. What is pathetic is when those same politicians think that their constituents are so damn stupid or naïve not to realize their actions are to make amends for past positions and votes. Albuquerque City Councilors Pat Davis and Isaac Benton are two such politicians running to be elected again to the Albuquerque City Council.

On May 3, 2019, Albuquerque City Councilors Isaac Benton and Pat Davis, joined by Klarissa Peña and Ken Sanchez, held a press conference to announce their proposal to invest up to $1.5 million in specific Central corridor “public safety” initiatives and marketing measures for the Nob Hill area affected by the ART Bus project. Included is $500,000 in one-time funding for grants to nonprofit business associations and merchant groups along the Nob Hill area central corridor.

Many Nob Hill business owners and area residents have experienced frustration, fear and anger struggling to recover from the 18 months of ART construction. Many business owners and residents in Nob Hill along the Central Corridor where the ART Bus project was constructed have complained about repeated vandalism in the area and numerous break-ins resulting in the businesses having to spend money on expensive repairs and security measures.

MUNICIPAL ELECTION PROCESS HAS BEGUN

The 2019 municipal election process is already underway with the City of Albuquerque’s Municipal election to be held on Tuesday, November 5, 2019. Debates are being held by neighborhood associations.

All the candidates running for City Council in Districts 2 and 7 are seeking public financing. Only one month is given to candidates running for city council to collect $5.00 qualifying donations to the city in order to secure public financing. $1 per registered voter in a City Council District is given to candidate who qualify and they must agree to the amount as being the “cap” they can spend on their campaign. Two months are given to secure qualifying nominating signatures to be placed on the ballot.

In District 2, the City Council District represented by Ike Benton, the qualifying period is May 1, 2019, to May 31, 2019 to collect the $5.00 donations to secure public financing. Each candidate running for the District 2 City council seat must collect 433 qualifying donations from registered voters. The 433 qualifying donations is based upon the percentage of voters in the last election and $43,174 will be given to the candidates who secure the 433 donations.

In District 6, the City Council District represented by Pat Davis, the qualifying period is also May 1, 2019, to May 31, 2019 to collect the $5.00 donations to secure public financing. However, each candidate running for the District 6 City council seat must collect 323 qualifying donations from registered voters. The 323 qualifying donations is based upon the percentage of voters in the last election and $31,979 will be given to candidates who secure the 323 donations.

The Qualifying period is May 1, 2019, to June 28, 2019 to collect qualifying nominating signatures from registered voters in the City Council Districts and each candidate must secure 500 signatures

There is no doubt that collecting $5.00 qualifying donations is extremely difficult with only one month to collect, and collecting nominating signatures is a lot easier and a candidate given 2 months to collect the signatures.

For the first time, the City Clerk has set up a “donation portal” and process to make the $5.00 qualifying donations on line. It is called the “Clean Campaign Portal” and is a website created a joint project between the City Clerk’s office and the Department of Technology and Innovation.

https://www.cabq.gov/@@csesearch?q=Clean+Campaign+Portal+

IKE BENTON

Isaac (Ike) Benton is the District 2 City Councilor and was first elected to the council in 2005. Benton is a retired architect 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. Benton ran unopposed in 2015. Democrat (D) Isaac Benton has 5 opponents: Steve Baca (D), Joseph Griego (D), Robert Raymond Blanquera Nelson (Unknown), Zack Quintero, (D) and Connie Vigil, Republican.

PAT DAVIS

City Councilor Pat Davis was elected to the Albuquerque City Council on October 6, 2015 to represent District 6. District 6 encompasses the International District, Mesa Del Sol, Nob Hill, Southeast Heights, and the University of New Mexico. Last year, Davis ran for US Congress in the First Congressional District but withdrew from the race when he polled at 3% and could not raise the money to run a viable campaign. Before Davis withdrew form the congressional race, Davis had no problem accusing then then Democrat front runner of being a “racist” which was a lie and he endorsed the eventual Democratic nominee who went on to become elected to congress. Democrat (D) Pat Davis has only one opponent: Gina Naomi Dennis (D).

ANALYSIS AND COMMENTARY

There is little doubt among city hall observers that both City Councilors Pat Davis and Isaac (Ike) Benton will secure the necessary qualifying $5.00 donations as well as nominating signatures and be on the ballot. Both have done it before and they do have the advantage of incumbency. Davis and Benton are two politicians who are so much alike as to be almost indistinguishable when it comes to their voting records and voting against the best interests of their own constituents.

Both Davis and Benton proclaim to be “progressive democrats”, however their City Council voting records say otherwise. During the past four years, Albuquerque has suffered from record breaking high crime rates and the ART bus project without either Benton nor Davis even trying doing much to improve things, at least not until now when they want to be elected again.

There are at least 8 egregious specific votes Isaac Benton’s and Pat Davis’s that reveal the true voting record as going against core Democratic principles:

1.Councilors Benton and Davis voted repeatedly for and 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 Davis 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 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.

2.Both Benton and Davis 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. It was reported that the Albuquerque City Council 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.

https://www.abqjournal.com/919263/revenue-bonds-find-favor-in-abq.html

3. The Albuquerque City Council plays a crucial oversight role of the Albuquerque Police Department (APD) including controlling its budget. Benton and Davis did nothing when it comes to Albuquerque Police Department (APD) reforms and has never challenged the previous Administration and the former APD command staff in any meaningful way demanding compliance with the Department of Justice (DOJ) consent decree reforms. Each time the Federal Court appointed Monitor presented his critical reports of APD to the City Council, Benton and Davis remained silent. Both declined to demand accountability from the Mayor and hold the APD command staff responsible for dragging their feet on the reforms. Both Benton and Davis failed to attend any one of the federal court hearings on the consent decree.

4. Both Benton and Davis voted for the city ordinance amendments requiring equal pay for woman but failed to demand more. The amendments to the equal pay for woman ordinance sounded good and look good on paper but accomplished very little. The truth is that the equal pay for woman ordinance only applies to city contracts and those who do business with the city. The ordinance is voluntary and gives preferential treatment on city contracts to those who voluntarily comply. The equal pay for woman ordinance should apply to all businesses licensed to do business in Albuquerque, it should be mandatory for all businesses and enforced by city planning that issues business licenses and could be made so by the city council.

5. When he served on a task force to overhaul Albuquerque’s public fiancé laws, Pat Davis declined to advocate meaningful changes to our public finance laws making it easier for candidates to qualify for public finance. The only change both Davis and Benton agreed to was increasing the amount of money candidates get and not the process of collecting the donations to qualify and not expanding the time to collect qualifying donations. The lack of changes to the public finance laws favors incumbents like Davis and Benton.

6. Davis advocated for enactment of the Healthy Workforce ordinance by voters which would have mandate the pay of sick leave by employers and was always there for a photo op with those organizations who pushed to get it on the ballot. However, both Benton and Davis never demanded the City Attorney’s office enforce the existing Albuquerque minimum wage ordinance, even when workers were forced to sue their employers. Davis and Benton claim to be in favor of increasing the minimum wage, but they have never demanded the Mayor nor the City Attorney to enforce the current city ordinance enacted by voters with a 2 to 1 margin.

7. On July 2, 2018 Democrat Mayor Tim Keller vetoed the $2.6 million economic development package that would help Topgolf to construct a $39 million entertainment complex at the site of the former Beach Waterpark. Benton and Davis went along with the City Council voting 8-1 to give the incentives after a 9-0 veto override Keller’s veto of a resolution expressing the city councils support. A few weeks later, Both Benton and Davis again voted to override Democrat Mayor Keller’s veto of the funding. Rather than give the new Democrat Mayor the benefit of the doubt, Benton and Davis voted to overturn the veto, but never once voted to overturn a veto of the previous Republican Mayor.

https://www.abqjournal.com/1192145/keller-vetoes-topgolf-economic-development-package.html

8. The most egregious votes by Benton and Davis was that they voted for the final adoption of the ABC-Z comprehensive plan which will have long term impact on our neighborhoods and favors developers. The enactment of the comprehensive plan was a major priority of Republican Mayor Berry and the development community pushed hard for its enactment before Berry left office. The ABC-Z project rewrite was nothing more than making “gentrification” an official city policy and 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. Benton, a retired architect knew better but refused to intervene on behalf of neighborhood interests.

The only reason Benton and Davis are supporting investing up to $1.5 million in specific Central corridor for “public safety” initiatives and marketing measures for the Nob Hill area affected by the ART Bus project is that they are hoping their constituents will “forgive and forget” their past support of the ART Bus project that has destroyed the Nob Hill Central area. If their constituents “forgive and forget” they deserve the representation they get and cease any complaints of two city counselors ignoring what they want who promote their own personal agendas.

What is disappointing is that Pat Davis has only one opponent after so many in the Nob Hill business area complained about him not listening to them and voting repeatedly against the area’s best interests. At one time, an effort was undertaken to initiate a recall against Davis, but nothing ever materialized.

What people should be sick of are Democrats acting and talking like Republicans especially after they get elected to positions like City Council and arguing that they are being “nonpartisan”. Both City Councilors Isaac Benton and Pat Davis will say that they have done a great job as City Councilors by acting “non-partisan” and they needed to cooperate with Republicans to get things done, even though Democrats now hold a majority of 6-3 on the City Council and even though the Mayor is a Democrat.

There is a significant difference between cooperating and working with other elected officials from the opposite party and then being hypocritical and going against your own basic political philosophy of what you believe to be true and then turning around and acting and voting against that what you claim to believe in. What would be disappointing is if Davis and Benton are elected again saying they are Progressives Democrats when in fact they vote like conservative Republicans.

Any of those running against Davis and Benton who fail to secure the necessary $5.00 donations for public financing should continue their efforts to get on the ballot. Hope springs eternal that both Benton and Davis will have strong opposition from solid Democrats so their constituents can thank Benton and Davis for their service and they can move off the City Council.

On May 3, 2019, a group of business owners and activists gathered in west Downtown and joined Albuquerque City Councilors Isaac Benton, Pat Davis, Klarissa Peña and Ken Sanchez for a press conference. The press conference falls under the category of “We are from the Government, we feel your pain, even though we are the ones that screwed you in the first place.”

The press conference was for the 4 City Councilors to announce their proposal to invest up to $1.5 million in specific Central corridor for “public safety” initiatives and marketing measures for fiscal year 2020. Included is $500,000 in one-time funding for grants to nonprofit business associations and merchant groups along the central corridor.

Many business owners along the Central Corridor where the ART Bus project was constructed have complained about repeated vandalism in the area, break-ins resulting in the businesses having to spend money on expensive repairs and even security measures. Jean Bernstein, the owner of the Flying Star Café, which opened in Nob Hill 32 years ago, appeared before the City Council a few weeks ago and during public comments said:

“We’ve weathered many economic cycles but never have I seen the district and the corridor in sadder shape than it is now.”

Erin Wade, the owner of Modern General and The Feel Good eateries along Central, place blame on the ART Bus project when she said:

“The traffic patterns have been so drastically altered on Central … there is an entire lane devoted to buses only that don’t run, that don’t exist. It has changed the rhythm of the street such that [criminals] can [now] hide more.”

Many other Nob Hill business owners have expressed mounting frustration, fear and anger struggling to recover from the 18 months of Albuquerque Rapid Transit (ART) construction.

The business owners in Nob Hill have asked for 12 bike officers and six dedicated motorized police units every night in the Nob Hill business district. This may sound familiar because that is what happened in downtown central, but on a much larger scale. The proposed $1.5 million investment supposedly will help lure customers back to the area because many businesses had to close during the disastrous ART Bus project down central.

Nob Hill business owners had originally requested $4 million a year arguing that would have been the amount that would have been spent without ART.

The Keller administration is in litigation with Build Your Dreams (BYD), the original manufacture of the electric buses that were to be used for ART. The city was forced to order buses from another manufacturer and the Keller administration announced it will be over a year before delivery,

https://www.abqjournal.com/1310197/abq-councilors-propose-police-marketing-money-for-central-avenue.html

City Councilor Pat Davis for his part said with great bravado during the press conference:

“Our business owners got together and asked the city to come up with a plan to prioritize safety and a way to invite customers back to Central.”

Davis said the city did not track how many businesses closed during ART construction but it has issued about 240 business licenses along the corridor since the work ended last spring. According to Davis, the proposed $1.5 million investment would help lure customers back to the area to patronize them.

City Councilor Isaac Benton proclaimed:

“I think with this plan we’re going to have faces that we know. … The business people and the community folks in the area are going to see an officer they get to know, and that’s the epitome of community policing.”

The $1.1 Billion Dollar budget submitted by the Keller Administration will have to be amended to include the funding for Nob Hill. The City Council intends to do “markup” to the proposed budget and vote on the final version on May 20 and it will be effective July 1, 2019.

DOWNTOWN IS MAYOR KELLER’S PRIORITY

Mayor Tim Keller was nowhere to be found during the councilors press conference which is not at all surprising. It is likely Mayor Keller was not even invited to attend by the 4 city councilors seeing as the Mayor has the propensity not to invite city councilors to his own press conferences.

Instead of attending the press conference, Keller issue a written statement that said the Albuquerque Police Department is focused on community policing measures and saying:

“As we hire 100 new officers per year, we’re making the critical commercial and residential corridor along Central Avenue safer and more vibrant. Route 66 is open for business”.

In September, 2018, Mayor Tim Keller announced a new “Downtown Public Safety District” for Central Downtown that assigns up to 12 police officers specifically to the area and applying other city resources, such as a Family and Community Services Department social worker. The Downtown Public Safety District” created by Keller was in response to a petition drive by Downtown businesses and residents demanding such a substation. The substation for the Downtown Public Safety District is located at the Alvarado Transportation Center at First and Central SW. The substation gives a permanent police presence in Downtown Albuquerque.

The congregation of the homeless in the Central Downtown area have been a chronic problem especially around the Alvarado Transportation Center. Consequently, a Crisis Intervention Team (CIT) was assigned to the district to address homelessness and behavioral health needs.

Several other city departments a well as community organizations providing services to the homeless and mentally ill contribute resources to the district. The other city departments that provide services to Central Downtown area include:

1. Albuquerque Fire Rescue (AFR) has increased its presence near Central Avenue during high-volume call times and by driving a loop around the district after each call for service.

2. The Transit and Municipal Development departments contribute security personnel to the district in coordination with APD patrol plans.

3. The Family and Community Services Department is contributing a social worker to coordinate service providers and implement Project ECHO to train mental health workers in the district.

4. The Municipal Development and Solid Waste departments have expanded the use of street cleaning machines throughout Downtown, including alleyways, and add collection routes for Downtown businesses to address overflow of trash from Saturday nights.

5. Solid Waste is using its “Block by Block” program to wash sidewalks and its Clean City Graffiti crew to eradicate graffiti as soon as possible.

7. The Family and Community Services Department is working with Heading Home’s ABQ Street Connect program to help people with significant behavioral health disability and who are experiencing homelessness.

8. The Family and Community Services is also working with HopeWorks and outreach partners including APD’s COAST team, APD’s Crisis Intervention Team and ACT teams to do mental health outreach and are working with the New Mexico Coalition to End Homelessness to help service providers for homeless people.

$34 MILLION BUDGET WINDFALL

On April 1, 2019 when the Keller Administration submitted its proposed 2019-20120 budget, it announced that the city would have an extra $34.3 million in revenues as a result of an accounting policy shift.

Supposedly, the $34.3 million is a “one-time, lifetime” boost in revenues that the city cannot apply toward recurring costs.

$29 million of the $34.3 million will be applied to numerous “one-time investments” the Keller Administration feels are important.

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

COMMENTARY ANALYSIS

It’s a very sad commentary when business owners in Nob Hill have to “grovel” and beg for $1.5 million dollars out of a budget of $1.1 Billion dollars before the very city council that has done so much to destroy Route 66 in the Nob Hill area with the disastrous ART Bus project.

Pat Davis, Issac Benton and Ken Sanchez voted repeatedly for and supported ART Bus project and funding. Davis refused to advocate to put ART on the ballot for public approval, telling his constituents at a forum that there was nothing he could do and it was the Mayor Berry’s project. Davis voted to spend federal grant money that had yet to be appropriated by congress. Klarissa Pena’s conduct cannot be faulted in that she did at one point advocate placing the ART Bus project on the ballot for voter approval.

The ART Bus project has been a total disaster resulting the destruction of the character of Route 66 and having a negative impact and resulting in several businesses going out of business. Pat Davis claims the city did not track how many businesses closed during ART construction, which is simply not true given the fact that the city was offering loans to help struggling businesses during ART construction. When the ART Bus project started, a coalition of 250 businesses along central joined forces to stop construction to no avail, and even filed suit in federal court. The city proclaims it has issued about 240 business licenses along the corridor since the work ended last spring, yet all the empty store fronts contradict that claim.

What is very disappointing is that Mayor Tim Keller has created a “Downtown Public Safety District” along with a substation to give a permanent police presence in Downtown Albuquerque, yet ignores the pleas and concerns of the Nob Hill Business District which arguably was making a much bigger comeback than Downtown Central before ART. The Nob Hill Business District needs a permanent Public Safety District just as much as Downtown Central needs one.

Mayor Tim Keller with the stoke of the pen could divert $5 million of the extra $34.3 million in revenues to build a new permanent substation in Nob Hill. He could also order APD to staff it with the additional police officers he is hiring. No one would need to “grovel” before the feet of the very city councilors that supported the ART Bus project that destroyed so many businesses along central.

Following is an article published by the online news ABQ Reports on May 2, 2019 and written by reporters Dennis Domrzalski and Charles Arasim regarding New Mexico State Auditor Brian Colon announcing that his office has begun and investigation of APD Public Information Officer Simon Drobik’s overtime pay.

HEADLINE: State Auditor Investigating Human Robot Simon Drobik’s Overtime Claims
May 2, 2019
|
Dennis Domrzalski and Charles Arasim

– Human Robot Officer Simon Drobik made $192,973 last year, making him the highest paid city government employee.

– Drobik put in for 2,809 hours of OT in 2018. Drobik billed the taxpayers for 5,063 hours of work in 2018.

The New Mexico State Auditor’s office has launched an investigation into the massive overtime pay claims by the Albuquerque Police Department’s human robot, PIO Simon Drobik.

Auditor’s office spokesperson Stephanie Telles confirmed the investigation Thursday in a phone call with the ABQReport.

“The office is conducting an examination of the matter,” Telles said. She added that because the probe is ongoing, she couldn’t discuss any details of it, including exactly what the Auditor’s Office is looking at or when the investigation began.

The probe could mean trouble for Drobik, who made $192,000 in 2018, and for APD Chief Mike Geier. Earlier this week Geier refused to even discipline Drobik for apparently violating department rules at least 51 times in claiming 2,809 hours of OT last year. And Geier totally rejected a recommendation by the Civilian Police Oversight Agency that Drobik be fired for violating APD rules.

https://www.abqreport.com/single-post/2019/05/02/BREAKING-State-Auditor-Investigating-Human-Robot-Simon-Drobiks-Overtime-Claims

DROBIK NOT THE ONLY ONE; THERE ARE 123 MORE

On Friday, April 12, 2019, it was reported that the APD Civilian Police Oversight (CPO) Agency recommended the dismissal of APD Master Police Officer 1st Class and Public Information Officer Simon Drobik as well as his former supervisor for overtime pay abuse.

The CPO Agency investigation found that in 2018, Drobik was paid $192,973 making him Albuquerque’s highest-paid employee in 2018. The investigation also found that his supervisor was one of the city’s top 11 paid wage earners. The investigation found that throughout 2018 Drobik violated overtime and pay policies more than 50 times by getting paid simultaneously for being on call as a spokesman for APD and working “chief’s overtime” and paid time and a half stationed at local businesses.

April 30, 2019, APD Chief Michael Geier announced that he was not taking any disciplinary action against Simon Drobik but announced changes were being made to APD overtime and Chief’s overtime.

The recent CPO Investigation found that in reviewing Chief’s Overtime slips, the names of many of the top earners in APD were on the same Chief’s Overtime assignments that Master Police Officer 1st Class and APD Spokesman Simon Drobik was on.

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. The listing of the city’s 250 top wage earners for the calendar year 2018 includes 124 APD sworn police as the top wage city hall wage earners, earning more than most department directors as well as the APD Chief and all of his Deputy Chiefs. The list of 124 include patrol officers first class, sergeants, lieutenants, commanders the deputy chiefs, and the chief with annual pay for the year 2018 ranging from $101,000 a year up to $192,937 all under the Keller Administration.

Base yearly pay for sworn police, depending upon rank and years of experience, is $60,320 to $83,200.The base pay does not include longevity bonus pay at the end of a year of between $2,600 to $15,600 contingent on years of experience.

Following is a breakdown of the numbers of police officers paid in excess of $100,000 in calendar year 2018 as a result of overtime paid:

6 police officers were paid $151,313 TO $192,000
24 police officers were paid $126,162.80 to $144,510.44.
27 police officers were paid $113,498.98 to $125,088.48
22 police officers were paid $109,315.89 to $112,516.27
25 police officers were paid $105,076.20 to $108,946.45
21 police officers were paid $101,633.11 to $104,987.69

The salaries Mayor Keller is paying his top APD command staff are significantly less than many Police Officers 1st Class, Sergeants and Lieutenants and are as follows:

Geier, Michael PD-Police Chief of Police, $159,513.60
(Former APD Chief Gordon Eden was paid $166,699)
Garcia, Eric JPD-Police PDP Deputy Chief, $134,249.53
Gonzalez, Arturo EPD-Police PDP Deputy Chief, $126,199.92
Banez, Rogelio NPD-Police PDP Deputy Chief, $123,856.00
Medina, Harold PD-Police PDP Deputy Chief, $123,856.00
TOTAL RANGE PAID CHIEF COMMAND: $123,856.00 to $159,513.60.

The names and salaries paid to other sworn police other than the APD Chief Command staff include:

PAY RANGE $151,313 TO $192,000

Drobik, Simon – Master Police Officer 1st Class $192,937.23.
Johnson, Brian APD- Senior Police Officer 1st Class: $166,692.01.
Garza, Ramiro JPD- Senior Police Officer 1st Class: $163,223.63.
Hollier, Jeremy BPD-Police, PE1, Senior Police Officer 1st Class: $160,692.06.
Canales, LadioPD-Police, Senior Police Officer 1st Class: $152,876.94.
Redhouse, Leighton – Senior Police Officer 1st Class: $151,313.71.

PAY RANGE $126,162.80 TO $144,510.44.

Bassett, Jeremy, Police Lieutenant, $144,510.44.
Martinez, Yvonne, Master Police Officer 1st Class, $144,421.25.
McCumber, Wayne – Master Police Officer 1st Class $142,033.83.
Correia, Donald RPD- Senior Police Officer 1st Class, $140,755.81.
Maes, Kelly RPD- Senior Police Officer 1st C1ass, $138,318.85.
McElroy, Matthew PD-Police Sergeant, $138,158.09.
Lehocky, Andrew , Master Police Officer 1st Class $137,449.07.
Languit, Luke CPD-Police Lieutenant, $134,328.74.
Price, Bryan HPD-Police Sergeant, $133,880.63.
Mc Carson, Timothy, Senior Police Officer 1st Class $132,742.86.
Rico, Michael KPD-Police Senior Police Officer 1st Class $132,740.13.
Kenny, Sean PPD-Police Sergeant $132,604.80.
Parsons, Scott – Police Lieutenant, $131,519.64.
Frick, Sean, APD Lieutenant, $131,375.48.
Pearson, Nicholas, Master Police Officer 1st Class, $130,077.97.
Hernandez, Francisco Senior Police Officer 1st Class, $128,887.30.
Burchell, Edward – Master Police Officer 1st Class, $127,987.25.
Stockton, Robert MPD-Police Sergeant, $127,612.72.
Patterson, Christopher APD-Police Sergeant, $127,557.19.
Hernandez, Michael FPD-Police Sergeant $127,456.76.
Arnold, Jerry, Police Officer 1st Class $127,409.90.
Martinez, Vicente, Senior Police Officer 1st Class $126,798.71.
Breeden, Charles, Senior Police Officer 1st Class $126,300.45.
Wetterlund, Christopher, Senior Police Officer 1st Class $126,162.80.

PAY RANGE $113,498.98 TO $125,088.48

Economidy III, Byron, Senior Police Officer 1st Class $125,088.48.
Schmidt, Matthew -Police Sergeant $124,581.73.
Sandoval, Albert, PD-Police Sergeant $124,555.16.
The six figure salaries being paid to sworn police are directly attributed to “overtime” worked by those sworn police officers.

CITIZENS POLICE OVERSIGHT AGENCY AND BOARD RECOMMENDATIONS

The April 12, 2019 Police Oversight Agency (CPO) investigative report made two major recommendations to deal with the problem of excessive overtime pay.
Following are the two-recommendation made by the CPO Agency:

1.“The City of Albuquerque should ask for another Audit of APD Overtime which will include and audit of the Chief’s Overtime Program. The audit should explore the actual cost to the City of the Chief’s Overtime program versus what the Chief’s overtime program brings in. The audit should cover how many officers take time off from their regularly scheduled duty to go work a Chief’s overtime during those same hours. The audit should also explore whether or not another officer had to be called in on overtime to handle the off-duty officer’s duties on that shift on that day because the staffing level was below the 70% threshold. Lastly, the audit should determine whether or not the Chief’s Overtime Program violates the Anti-Donation Clause of the State of New Mexico.” (April 12, 2019 Police Oversight Investigation report, page 10.)

2. “APD should immediately revise its policy on overtime. Officers should be limited to working no more than 25 hours per week of overtime and that is inclusive of all overtime. The policy should prohibit officers from taking comp time or vacation from their regularly assigned duties for the sole purpose of working a chief’s Overtime assignment. APD supervisors, prior to approving a leave request, should be required to check with the Chiefs Overtime Program to make sure that the officer is not signed up for Chief’s Overtime and/or they are not taking leave to go to work a Chief’s Overtime assignment during the very same hours they are scheduled to work their assigned shift. Officers should be prohibited from working Chief’s Overtime if they are in an “on call” status. The policy should reflect any recommendations that were made by the City Auditor. Lastly, the policy should be vigorously enforced and adhered to by all APD personnel.” (April 12, 2019, Police Oversight Investigation report, page 11.)

STATE LAW IS CLEAR

In accordance with the New Mexico Audit Act, §§ 12-6-1 to 12-6-14, NMSA 1978, the New Mexico State Auditor’s office has only two statutory purposes:

“(1) to ensure that the financial affairs of every agency shall be thoroughly examined and audited each year by the state auditor, personnel of the state auditor’s office designated by the state auditor or independent auditors approved by the state auditor

(2) cause the financial affairs and transactions of an agency to be audited in whole or in part. (Section 12-6-3, NMSA 1978.)”
These two statutory purposes grant the State Auditor the authority to conduct both financial and special financial audits to identify financial irregularities, waste, fraud and abuse by the government entities.

The Office of the State Auditor conducts and oversees audits of approximately 1,000 government entities, from large state agencies to small political subdivisions.
The authority of the office is to review the financial affairs of government agencies, including contracts, purchases agreements and make sure that the government agencies are not engaged in fraud, waste and abuse of government and taxpayer funds.

The State Auditor does not have any prosecutorial authority and when criminal wrong doing is found in an audit, it is turned over to the appropriate state or federal prosecuting agency.

ANALYSIS AND COMMENTARY

APD’s overtime have been a chronic problem over the years. The department goes over its overtime budget by millions each year. In 2017, APD was budgeted for $9 million but spent $13 million. APD’s department’s overtime policies underwent an independent audit in 2016 but the recommendations were never implemented.

When Tim Keller was New Mexico State Auditor, he became the “white knight” champion to find and stop “waste, fraud and abuse” of taxpayer money by government officials and employees. As State Auditor, Keller went so far as to create a “fraud investigation unit” hiring investigators to ferret out waste, fraud and abuse by government officials and employees.

Keller’s audits of state and city governments garnered him extensive press coverage and public support that no doubt helped with his successful campaign to become Mayor of Albuquerque over now State Auditor Brian Colon who also ran for Mayor against Keller. Keller became Mayor less than two years after being elected State Auditor and resigned with two years left in his term as auditor. Now that he has become Mayor, its obvious Keller does not have the stomach and not even to want to acknowledge any “waste, fraud and abuse” within his own police department and sanctioned by his appointed command staff.

If New Mexico State Auditor Brian Colon truly wants to get to the bottom of any and all overtime “waste, fraud and abuse” within APD, his audit needs to include t all other police officers within the department, police overtime, annual leave time and the Chief’s Overtime Program. Further, after the audit is completed, the findings need to be forwarded on to the Bernalillo County District Attorneys Office or the New Mexico Attorney General’s Office.

Otherwise, it will appear that New Mexico State Auditor Brian Colon has purchased Tim Keller’s bestselling book “How To Get Headlines Investigating Waste, Fraud and Abuse To Move On To Higher Office”.

Following are links to related stories:

Pathetic But Not Surprising: No Discipline For APD $192,000 Spokesman

APD Spokesman Drobik’s $192,973 Overtime Pay Tip Of Iceberg; “Denied Access” Reason Media Reluctant To Report; Where Is Our Champion To Combat “Waste, Fraud and Abuse” Mayor Tim Keller?

One Down, 124 To Go; “Billing And Being Paid” For Work Not Done Epitome Of Government Waste, Fraud and Abuse

On Monday, March 11, 2019, the following guest opinion column appeared in the Albuquerque Journal.

The article is written by Steven J. Forsberg with the New Mexico Criminal Defense Lawyers Association.

Below is the article is entitled “Pretrial Detention Is Not A Cure-All” followed by the Journal link and additional Commentary And Analysis:

“No, no!” said the Queen. “Sentence first-verdict afterward.”
“Stuff and nonsense!” said Alice loudly. “The idea of having the sentence first!”

Those lines may be from “Alice in Wonderland,” but they describe all too accurately the kind of justice system that many people would like. Why bother with troublesome things like investigations and trials? Just have the police throw people into the Metropolitan Detention Center and be done with it. After all, everyone knows a criminal just by looking at his or her picture in the paper. But do they?

What if you are accused of a crime? What could happen to you? You could be taken to the Metropolitan Detention Center, have all of your belongings taken from you, get strip-searched and then put into custody with people who have already been convicted. You could stay there for weeks, months and even years before you get an opportunity to have your trial.

And if the jury eventually finds you not guilty? Then you will get a bus ride to Downtown Albuquerque. You may lose your job. You may have been evicted from your residence, with your belongings God knows where. Your booking photo may have been all over the news. You are innocent, you always were, but do not expect a dime in compensation or even an apology as you try to pick up the pieces of your life. If you are lucky, you will have friends and family to support you. Many people are not lucky.

How do the courts try to prevent innocent people from suffering such a travesty of justice? By setting high requirements before a person can be detained pretrial and by following the mandates of legal procedure. Contrary to what The Albuquerque Journal said in its March 1 editorial … judges are not “abdicating their discretion” because they require prosecutors to present enough evidence to convince the judge that a defendant must be detained pretrial. As the United States Supreme Court stated in an important case, “In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.”

The innocent pay the highest price for pretrial detention. The taxpayer also pays for pretrial detention. It is not cheap to keep a person locked up and supervised for 24 hours a day. Money spent on pretrial detention is money that is not available for the kinds of services that help keep people out of jail to begin with. Ironically, the guilty get the most benefit from pretrial detention. They get credit for their pretrial detention against their ultimate sentence.

Keeping everyone locked up until trial is wrong, expensive and illegal. The methods in place to determine who needs pretrial detention are not perfect and probably never will be. Sometimes a person released prior to their trial will commit a noteworthy crime, and the media will be quick to capitalize with sensationalist coverage. As the New Mexico Supreme Court has said, “We are not oblivious to the pressures on our judges who face election difficulties, media attacks, and other adverse consequences if they faithfully honor the rule of law when it dictates an action that is not politically popular. …”

Judges are under pressure to make pretrial detention something that it is not – a cure for all of society’s ills and the preferred method of dealing with people accused of crimes. If judges bend to that pressure, the result will be even more injustice and dysfunction in our criminal justice system. From time to time, a person on pretrial release will commit a newsworthy crime, but the only way to provide absolute security is to deny freedom absolutely. The whole point of our legal system is to prevent that.”

Below is the link to the Albuquerque Journal:

https://www.abqjournal.com/1290450/pretrial-detention-is-not-a-cureall.html

COMMENTARY AND ANALYSIS

All too often, sensational, violent crimes, especially those involving child abuse, the murder or death of a child, the killing of a police officer, create public reactions of hate, vitriol and at times threats of violence and violence against those charged and at times even a judge.

Our criminal justice system presumes innocence until proven guilty and demands due process of law, even for the most heinous of crimes, and not an “eye for an eye” approach to criminal justice.

Attacking our Judicial system and judge’s rulings is an too familiar tactic of those running for office.

It is way too easy to ignore our U. S. Constitution when you are pandering and running for office and essentially say “catch them and lock them up and throw away the key”.

All judge’s take an oath of office to preserve, defend and protect our constitution.

Judges are strictly prohibited by the Supreme Court Rules and the Code of Judicial Conduct from commenting on pending cases and voicing opinions that call into question their fairness and impartiality, especially in criminal cases.

Vilifying the judiciary is a pathetic, ignorant tactic of politicians who seek to divide in order to get elected.

Threatening a judge over a ruling is an affront to our constitutional rights of due process of law and the presumption of innocence.

Threats against any judge should never be tolerated and condemned by all if we want to live in a free country.

To deny one-person due process of law, no matter how much we think they are guilty, is to deny us all of the constitutional rights we cherish in this country.