The federal bribery and conspiracy case to dismiss DWI cases is as corrupt and scandalous as it gets. 15 APD officers, 3 Sherriff Deputies, and 1 State Police Officer have been implicated  accepting bribes to get cases dismissed in the largest bribery and conspiracy case in the city’s history.  Six APD Cops, One Bernalillo County Deputy Sherriff  and prominent criminal defense attorney Thomas Clear, III and his investigator Ricardo “Rick” Mendez, the 2 ring leaders in the federal DWI Enterprise scheme, have plead guilty as charged to bribery and racketeering involving our 3 largest law enforcement agencies. All nine who have plead guilty have yet to  be sentenced. Depending on the charges they plead to, each are facing between 70 and 130 years in prison.

The prosecution approaches the FBI and the United States Attorney have taken has been very  “piecemeal” over the last year.  There was no single indictment nor series of indictments of the  defendants.  Because there have been no trials and no sentencings, the public and the media have essentially been kept in the dark and relegated to reviewing and reporting on the contents of plea agreements filed in the cases to figure out what has been going on.

TURNOVERS  THAT COULD AFFECT CASE

There is no guarantee the prosecutions will in fact continue because of the turnover in the New Mexico United States Attorney’s Office as well as the FBI.

On February 14  U.S. Attorney for New Mexico Alexander Uballez resigned at the request of President Trump. Rather than charging all the those implicated in the case that the FBI had evidence on as he should have, Uballez “cherry picked” the 5  most egregious cases and negotiated plea agreements before he was fired by Trump. None of the defendants who plead guilty have been sentenced.  Uballez himself said that the way the case has been handled was not normal. Uballez said this:

The way we are approaching this very unique case is very different. … Typically, defendants are charged all at once and the resolution of their cases in court can take months.

There is really nothing “very unique” about the case as Uballez claims. It is a straightforward bribery of law enforcement case. It is a very typical federal racketeering case involving multiple defendants, multiple victims, and relying on a paper trail and relying on whoever the FBI can identify as victims and securing their testimony.

Public corruption cases, even involving law enforcement, are still proven by following the money and the paper trail and identifying the victims. Because there was no single indictment of all defendants together as is usually the case with racketeering cases, there is a real chance that all those who have been implicated will not be charged.

Uballez has never said why he did not let his successor make the decision on charging all suspects. He still could have charged all defendants at once, negotiated the 5 plea deals and the prosecution of the case would be going forward against the  remaining suspects assuring some sort of justice being served upon the entire bastion of corrupt cops. Instead Uballez rushed to plead the central figures in the case likely to preserve his own legacy in the case and so he could declare victory.

On April 19, Alexander Uballez announced he is running for Albuquerque Mayor leading to widespread speculation that the real motive for him to plead out the 5 cases was to protect his legacy on the case and to allow him to take a  victory lap  to generate publicity for his impending  candidacy for Mayor.

https://www.abqjournal.com/news/article_bbb7be32-ed67-11ef-9faf-afe3c73eeb01.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/election/article_32b726a6-b9fa-421d-922e-8409a752c826.html#tncms-source=home-featured-7-block

On April 18, Ryan Ellison was appointed the new United States Attorney for New Mexico. Ellison made no mention when he was sworn in if he  will continue with the aggressive prosecution of the Federal DWI Enterprise bribery Case. What Ellison did say was “the United States Attorney’s Office will do its part to stem the unlawful flow of people and drugs into our country”.

https://www.justice.gov/usao-nm/pr/ryan-ellison-appointed-united-states-attorney-district-new-mexico

https://www.krqe.com/news/new-mexico/new-u-s-attorney-appointed-for-state-of-new-mexico/

https://www.koat.com/article/ryan-ellison-named-us-attorney-for-district-of-new-mexico/64542873

On May 23, Ellison announced the appointment of his new executive leadership team including his First Assistant and those who will be in charged of the Criminal, Civil, and Administrative Divisions of the office. Ellison again reiterated the office’s top two priorities of public safety and a secure U.S. border.  The NM United States Attorney’s office has the highest case load of deportations in the country.

US Attorney Ellison is concentrating on Trump’s Executive Order to prosecute  and deport people in the country illegally.  Ellison when announcing his executive staff  again made no mention if his office will  continue with the aggressive prosecution of the Federal DWI Enterprise bribery Case and if the investigation is yielding additional defendants.

https://www.abqjournal.com/news/article_ad80efdc-2f72-403a-90f2-378f98c9ae79.html

On April 29, Raul Bujanda, the Special Agent in Charge of the FBI in Albuquerque, left his position. The lead agency investigating the DWI bribery and corruption scandal is the FBI. No replacement has been announced. It’s unknown what his departure means for the DWI bribery and corruption case.

https://www.krqe.com/digital-shows/insiders/leader-of-albuquerque-fbi-steps-down/

COMMENTARY AND ANALYSIS

President Trump’s Executive Orders mandate the Department of Justice to concentrate on prosecuting and deporting the undocumented in the country and closing the US-Mexican border.

The likely impact on the DWI Enterprise prosecutions with the appointment of a new US Attorney and departure of the  FBI Special Agent can not be overemphasized given Trumps Executive Orders. No assurances have been made by either US Attorney Ellison nor the FBI what will now happen to the case or if  even more defendants will be identified and charged. Both could decide the case has run its course. Both could decide to do nothing given the priorities of both offices have changed dramatically on a national level.

The NM United States Attorney and the FBI have no obligation to tell the public what will now happen to the largest bribery and corruption case in Albuquerque’s history, but the public should be told and the public has a right to know. Both the US Attorney and the FBI should not keep the public guessing and announce to the public that the case is going forward with more prosecutions expected and even more defendants to be identified.

There is no doubt that APD’s reputation has been trashed to a major extent because of the bribery scandal. APD is viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and to their badges. The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement in general again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable. That will only happen with aggressive prosecutions, convictions, and  prison sentences for the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme.

Links to two related blog articles are here:

Exposing How Former US Attorney Alexander Uballez Prosecuted The Largest Bribery And Conspiracy Case In APD History By “Outing” The “Covert Investigation” And Then Rushing To Charge 5 Before Fired By Trump; His “Ass-Backward”, “Cherry Picking” Approach To The Prosecution; Charging Of 17 Others Implicated Remains In Doubt; The “Progressive Prosecutor” Versus The “Progressive Mayor”

Former 35 + Year APD Veteran Steve Hindi Implicated In DWI Corruption Scandal; CORRUPTION SCORECARD: 16 APD Officers, 3 Sherriff Deputies, 1 State Police Officer Implicated; 5 Cops and 2 Ring Leaders Plead Guilty As Charged; US Attorney For New Mexico Replaced, FBI Special Agent In Charge Steps Down; Will Aggressive Prosecutions Continue?

The Albuquerque Journal Editorial Opinion pages feature 5 types of opinion columns submitted for publication: those by the paper’s Editorial Board, those by the paper’s Community Council, those by Syndicated Columnists, those by Local Columnists and those by Local Voices.  “Local Columnists are tasked with carrying a heavy load of responsibility to help readers scrutinize issues impacting them, their community and their country. It is the Journal’s goal to publish columnists from all walks of life and varying political viewpoints to give readers exposure to all sides of local issues.”

All headlines for Journal guest columns published are written by Journal editors and not the columnists. On May 24, the  Albuquerque Journal published on its editorial opinion page the below “Local Columnist” guest column by Pete Dinelli:

JOURNAL EDITOR’S HEADLINE: “The city should stop funneling money to the homeless population”

DINELLI AUTHORED HEADLINE:  Keller’s 5 Gateway Shelters For Unhoused Unsustainable “Black Hole” Of Expenditures; Unhoused Refuse City Services; Mental Health Commitments Are Solution To Getting People Off City Streets

BY PETE DINELLI, LOCAL COLUMNIST

Mayor Tim Keller has taken an “all the above approach” to deal with the city’s homeless crisis. It’s an unsustainable “black hole” of expenditures. Keller has established a total of five shelters that are to operate as an integrated system:

• The Gibson Gateway Shelter.
• The Gateway West Shelter.
• The Gateway Family Shelter.
• The Youth Homeless Shelter.
• The Recovery Shelter.

In the last three years, the city has spent upwards of $275 million on homeless shelters, programs and purchasing and remodeling motels for low-income housing. In 2021, the city acquired the Lovelace Hospital for $15 million and spent $90 million to remodel it into the Gateway shelter. In the last two years, the Keller Administration spent $25 million to purchase and remodel motels for low-income housing.

In fiscal year 2021-2022, the Family Community Services Department spent $35 million on homeless initiatives. In fiscal year 2022-2023 the department spent another $59 million on homeless initiatives. On June 23, 2022, Keller announced that the city was adding $48 million to the fiscal year 2023 budget to address housing and homelessness issues in Albuquerque.

The fiscal year 2026 General Fund budget for the Health, Housing and Homelessness Department is $53.3 million. The sum includes $48 million for strategic support, health and human services, affordable housing, mental health services, emergency shelter services, homeless support services, shelter operations, substance abuse services and $4.2 million for the Gibson Gateway maintenance division.

The city is seeking funding for 116 separate services contracts totaling $53.7 million to pay for services provided to the unhoused:

• $30.4 million for 32 affordable housing contracts.
• $6.3 million for 12 emergency shelter contracts.
• $2 million for 16 health and human service contracts.
• $5.7 million for 29 homeless support service contracts.
• $3.8 million for five Gateway Shelter operating contracts.
• $2.2 million for 11 mental health service contracts.
• $2.6 million for 11 substance abuse treatment contracts.

The 2024 Point In Time homeless survey found an 18% increase in Albuquerque’s homeless numbers. The PIT survey identified 2,740 people experiencing homelessness, including 1,231 on the streets, 1,289 in emergency shelters and 220 in transitional housing. The HHH Department’s fiscal year 2026 budget performance measures report emergency unsheltered as 6,103 in 2023, 7,420 in 2024, 7,257 targeted in 2025 and 8,439 targeted in 2026.

Keller has allowed the unhoused to proliferate city streets, parks and open spaces declining to enforce city and state vagrancy laws and make arrests. The problem is the chronic unhoused refuse to accept city services as Keller continues to throw city resources at the crisis.

A 2025 report by the city found 30% of individuals experiencing homelessness self report having a serious mental illness, 25% self report having a substance use disorder and around 66% experience some form of mental health condition. Too many chronic unhoused simply refuse city services.

Keller has essentially proclaimed the unhoused as “wards of the city.” The mayor’s approach is not sustainable. Such responsibility must be undertaken by the state or federal government. The millions spent to help the unhoused with many refusing services would have gone a long way to finance community centers, senior citizen centers, police and fire substations, preschool or after school programs, senior citizen programs, and police and fire programs.

A solution to deal with mentally ill and drug addicted homeless people who refuse city services is the initiation of civil mental health commitments by the state to mandate mental health care or drug addiction counseling in a hospital setting after a court hearing determining a person is a danger to themselves or others. Such an approach would get the mentally ill and drug addicted the health care they desperately need and off the streets.

Pete Dinelli is a former Albuquerque city councilor, former chief public safety officer and former chief deputy district attorney. You can read his daily news and commentary blog at www.PeteDinelli.com

EDITOR’S NOTE: Confidential sources who participated in taking the 2025 Point In Time survey count of the unhoused report that 75% of the emergency and chronic unhoused refuse to accept city emergency shelter and prefer to remain on the streets.  The 2025 legislature enacted the Behavioral Health package that will fund half billion-trust fund to build behavioral health facilities an hire personnel in 3 regions overseen by the courts to ensure due process of law and protect civil rights of the mentally ill. The county also has behavioral health tax where facilities are also being built. Mayor Keller and the city was misguided to convert the old Lovelace hospital to a 24/7 shelter and should have kept it as a hospital and use the 200 patient rooms for civil mental health commitments. Instead the  Keller Administration rezoned the hospital for a 24/7 homeless shelter. Part of the enacted behavioral health package expands the definition of “serious danger to self and others”. The Bernalillo County District Attorney is authorized under the law to initiate civil mental health commitments and get people committed for longer periods of time to compel treatment and get them the mental health care and substance abuse counseling they need, thereby making those committed wards of the state.

The link to a related blog article with statistics on the city’s unhoused numbers and city programs is here:

“Gateway Recovery” Micro-Community Made Up “Pallet Shelters” To Help City’s Homeless And Addicted; Keller’s 5 Shelter Approach To Homeless Crisis Is Unsustainable, Financial Black Hole Creating Wards Of The City; Audit Of 116 Service Contracts Involving $325 Million In Funding Over 4 Years For Homeless Services Is In Order

On May27, former APD Sargeant Lucas Perez, who was in charge of the DWI Unit, plead guilty to the single federal charge “conspiracy to commit interference with commerce by extortion under color of official right” for his involvement with the largest corruption and bribery scandal in the history of the Albuquerque Police Department and involving the state’s 3 largest law enforcement agencies of APD, the Bernalillo County Sheriff’s Office and the New Mexico State Police. Perez was among the officers who conspired to take bribes and dismiss DWI cases with criminal defense attorney Thomas Clear and his investigator Ricardo Mendez.  It was Clear and Mendez who were the ring leaders and who orchestrated a massive scheme to pay officers to fail to appear in court in order to get DWI cases dismissed.

In his plea agreement, Perez admits to having been paid cash bribes. Perez says this in his plea agreement:

“I further admit that I was aware that other conspiring officers similarly coordinated with Clear and Mendez to intentionally fail to appear as required at DWI-related settings.  … [I] understood that Clear and Mendez also provided non-cash rewards to DWI officers, such as Christmas gifts and free legal services. … I understand and admit that this generational participation, particularly within APD, allowed the conspiracy to take root among almost the entire APD DWI unit over a lengthy period of time. ”

According to the  Perez plea agreement, it was former APD Officer Nelson Ortiz  who recruited Perez to participate in the bribery  scheme. On March 24, former APD officer Nelson Ortiz admitted to his role in the DWI Enterprise bribery scandal and pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.

It has been reported that the DWI bribery and corruption scheme lasted 30 years and involved much of the DWI Unit and over the years officers were recruited to join in on the scheme to accept bribes.

Perez joined APD  in 2016. He served in the DWI Unit from 2018 until March 24 when APD placed him on leave after he was implicated in the corruption scandal. Perez  was the sergeant in charge of the division.

Links to quoted or relied upon news sources are here:

https://www.kob.com/new-mexico/former-apd-officer-pleads-guilty-in-dwi-deception-scandal/?utm_source=Sailthru&utm_medium=onsite&utm_campaign=recommended

https://www.krqe.com/news/crime/former-apd-officer-pleads-guilty-to-his-role-in-dwi-dismissal-scandal/

https://www.koat.com/article/albuquerque-police-sergeant-federal-charges-dwi/64896562

https://www.abqjournal.com/news/article_71675280-3188-41de-99dc-453da4eb745c.html

HOW DWI ENTERPRISE WORKED

According to criminal complaints, indictments and plea agreements filed in Federal District Court by the New Mexico United States Attorney and the US Department of Justice, the DWI Enterprise scheme was very simple and straight forward. Arresting officers would give contact information on motorists they arrested to Mendez and Clear. In exchange, the officers would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews, court hearings. They would also withhold evidence in cases where the suspects hired Clear. Clear would then file motions to dismiss the charges, and judges had no choice but to dismiss the cases for “lack of prosecution” as a sanction against the prosecution.

Clients whose cases were dismissed would typically pay more in legal fees of between $5,000 and $10,000 depending on if the charges were DWI, aggravated DWI other charges in addition to DWI. Law enforcement officers would be recruited by Clear and Mendez to participate in the scheme over many years. The conspirators would also profile people as to their ability to pay higher fees. Defense attorneys customarily charge between $3,000 and $6,000 to defend DWI cases depending on if the case is a person’s first, second, third or even fourth offense, misdemeanor or felony DWI. There is no charge if a defendant  qualifies and is defended by the Public Defender’s Office.

DWI CORRUPTION AND BRIBERY SCORE CARD

A total of nineteen (19) law enforcement officers have resigned, retired, been terminated or federally charged or indicted since the FBI executed five searches in January 2024 at three APD  officers’ residences, the home of a private investigator, and the law office of prominent DWI attorney Thomas Clear III. Fifteen APD Officers, three  Bernalillo County Sherriff Officers and one New Mexico State Police Sergeant thus far have been implicated in the corruption, bribery and racketeering enterprise. Following is the score card thus far:

SIX APD COPS AND ONE BERNALILLO COUNTY DEPUTY SHERIFF PLEAD GUILTY AS CHARGED

Six APD officers and one Bernalillo County Sheriff’s Office Deputy have now plead guilty to taking bribes and they are:

1. On February 7, 2025 former APD Officer Honorio Alba plead guilty to racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
2. On February 7,  former APD Officer Joshua Montaño plead guilty as charge to  racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
3. On February 12, former APD Officer Neill Elsman plead guilty as charged  to 5  counts of  conspiracy, extortion, and bribery.  ( February 12, 2025.)
4. On March 24, former APD officer Nelson Ortiz admitted to his role in the DWI Enterprise bribery scandal and pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.
5. On April 29, former APD Police Officer Harvey Johnson plead guilty to one count of conspiracy to commit “Interference With Commerce By Extortion Under Color Of Official Right”. He is facing 20 years in jail.
6. On May 27, Lucas Perez pleaded guilty to conspiracy to commit interference with commerce by extortion under color of official right. It was on March 24, that APD announced it  has  placed Lucas Perez  on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez has been with the department since 2016 and served in the DWI unit to become the unit sergeant.
7. On February 25, 2025  BCSO Deputy Jeff Hammerel resigned from BCSO and  plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery. (Took a plea deal on February 25, 2025.)

TWO RING LEADERS PLEAD GUILTY AS CHARGED

Former DWI Criminal defense attorney Thomas Clear III and his investigator Ricardo “Rick” Mendez have  plead guilty as charged to paying bribes to law enforcement to get their client’s DWI cases get dismissed.

On January 24, Ricardo “Rick” Mendez, 53, the investigator for attorney Thomas Clear III, plead guilty to all the charges contained in the criminal Information including racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and to conspiracy. Mendez is facing 110 years in prison on the charges. On April 29  Ricardo “Rick” Mendez was scheduled to be sentenced connection with the DWI scandal. In a surprise move on the day of his sentencing it was simply vacated by the federal court. The  likely reason for the delay is that Mendez is likely providing new information about the DWI scandal and identifying more suspects to be charge.

On February 12, DWI defense attorney Thomas Clear III, 67 plead guilty as charged to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. Clear admits in his Plea Agreement that for nearly 30 years he led a criminal racketeering enterprise that paid off generations of law enforcement officers to get his clients’ DWI cases thrown out. Clear admits to running the “DWI Enterprise” since at least 1995. The DWI Enterprise scheme was run out of Clear’s law office.

According to Clear’s plea agreement, prior to 2022, Clear and his investigator Ricardo “Rick” Mendez would arrange for officers to intentionally fail to appear at required pretrial interviews involving DWI offenders the officers arrested. Clear would file motions to dismiss the proceedings, claiming the officers were necessary witnesses who didn’t show up as required. The courts would dismiss the cases as a sanction against the prosecution.  Clear has been permanently disbarred from the practice of law by the New Mexico Supreme Court and the Federal Court and a forfeiture action against a home Clear used as his offices has been taken as an asset and as part of the racketeering charge

TWENTY  LAW ENFORCEMENT OFFICERS FROM 3 AGENCIES IMPLICATED

A total of nineteen (19) law enforcement officers have resigned, retired, been terminated or federally charged or indicted since the FBI executed five searches in January 2024 at three APD  officers’ residences, the home of a private investigator, and the law office of prominent DWI attorney Thomas Clear III. Fifteen APD Officers, three  Bernalillo County Sherriff Officers and one New Mexico State Police Sergeant thus far have been implicated in the bribery racketeering enterprise.

16 APD OFFICERS IMPLICATED, CHARGED OR PLEAD GUILTY

During the past year, a total of 16 APD Police officers have been implicated in the largest corruption scandal in APD’s history. APD Commander Kyle Hartsock is overseeing the Internal Affairs  investigations. One by one, the accused APD officers have been turning in their badges and resigning or retiring  rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 16 officers who have resigned, placed on leave, who have been terminated, retired, charged or plead guilty are:

1. On February 7, 2024 Justin Hunt, who started at APD in 2000, resigned.
2. On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned. On February 7, 2025 he plead guilty to racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
3. On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned.
4. On March 15, 2024, Nelson Ortiz, who started at APD in 2016, resigned. On March 24, Nelson Ortiz  admitted to his role in the DWI Enterprise bribery scandal and  plead guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.
5. On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned. On Friday, February 8, Montaño plead guilty as charge to  racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)
6. On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
7. On May 9, 2024, Matthew Trahan was placed on paid leave as the investigation played out. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
8. On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave. On February 12, Elsman plead guilty as charged  to 5  counts of  conspiracy, extortion, and bribery. (Article: February 12, 2025.)
9. On August 1, APD announced that it fired Mark Landavazo, the APD Commander of Internal Affairs for Professional Standards, who started with APD in  2007 and was with the DWI unit from 2008 through 2013.
10. October 16, Deputy Commander Gustavo Gomez placed on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013.
11. On January 24, 2025 APD announced they placed officers Matthew Chavez on leave.
12. On February 28, Kyle Curtis announced his retirement after he was placed on leave on February 24 amid being targeted in the Internal investigation involving DWI arrests.
13. In 2022, Timothy McCarson retired from the Albuquerque Police Department  and he has been implicated in the DWI scandal. The last week of January, 2025,  the FBI asked that he be added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable.
14. On May 12, former APD officer Steve Hindi was placed on the Giglio list of officers whose credibility is compromised after being implicated in the scandal.
15. On May 27, Lucas Perez pleaded guilty to conspiracy to commit interference with commerce by extortion under color of official right. On March 24, the Albuquerque Police Department (APD) announce it  has  placed Lucas Perez on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez has been with the department since 2016 and served in the DWI unit to become the unit sergeant.
16. On June 26, it was reported that former APD Officer Daniel Carr who served with APD for nearly 20 years and who then became a lateral hire and went to work for the Durango Police Department, became the 16th former APD officer to join the ranks of officers listed on the Bernalillo County District Attorney’s Office ‘Giglio list‘ of officers who are no longer trusted witnesses in court. He was placed on the list after being implicated in the DWI bribery and conspiracy case to dismiss cases. It was also reported that Carr immediately resigned from the Durango Police Department after the Department was notified of the action. Carr has not been charged with a crime.

THREE BERNALILLO COUNTY SHERRIFF DEPUTIES IMPLICATED

The names and dates of the 3 BCSO  officers who have resigned or placed on leave by Sherriff John Allen or who have plead guilty to charges are:

1. On February 25, 2025  BCSO Deputy Jeff Hammerel resigned from BCSO and  plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery.
2. On February 24, 2025, BCSO Undersheriff Johann Jareno was asked to resign by  Bernalillo County Sheriff John Allen.
3. March 7^th, Deputy Jeffry Bartram was placed on leave on after early findings that he may have been involved in the scheme. He has been with BCSO since February 2010 and was on the BCSO DWI Unit from July 2014 to August 2020.

ONE MEXICO STATE POLICE OFFICER

On February 14, 2025 the New Mexico State Police announced it placed Sgt. Toby LaFave on administrative leave after he was implicated by the FBI as accepting bribes in the DWI Enterprise to dismiss cases.  Sgt. Toby LaFave is on paid leave as the agency does its own internal investigation into allegations. LaFave was featured for years in state ENDWI campaigns and was referred to as the DWI King.

LaFave, who joined State Police in 2012, said in an online public service promotion video that he has made 3,000 arrests during his 20 years in law enforcement. Court records show LaFave has filed at least 1,300 felony and misdemeanor DWI cases from 2009 to February, 2025. Of the 31 DWI cases where LaFave was the arresting officer and Clear was the defense attorney, 17, or 57%, were dismissed by the courts.

https://www.abqjournal.com/news/article_97483524-eb17-11ef-9c15-8320a7b16191.htm/

COMMENTARY AND ANALYSIS

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core especially with the involvement of the Bernalillo County Sheriffs Office BCSO and New Mexico State Police Officers.

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement in general again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable. That will only happen with aggressive prosecutions, convictions, and lengthy prison sentences for the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme. Justice will not be served until all are charged and sentenced.

There are a total of 11 candidates who have registered with the City Clerk as candidates for Mayor. All 11 candidates are required to collect 3,000 qualifying nominating signatures. Five of the eleven candidates running for Mayor are “public financed” candidates with 3 others withdrawing as Public Finance Candidates. Public financed candidates must collect 3,780 donations of $5.00 to the city from registered voters to qualify and for the city to give them $755,946 in city financing for their campaigns.

The time frame to collect both nominating petition signatures and $5.00 qualifying contributions is the same and it is from April 19, 2025 to June 21, 2025, a mere 64 days. As of May 23, with 35 days expired, which is  over halfway through in the collection process period, following are the tabulations for the candidates nominating petition signature and $5.00 qualifying donations as reported by the City Clerk.

QUALIFYING NOMINATING PETITION SIGNATURES

All eleven candidates must collect at least 3,000 qualifying nominating petition signatures from  April 19, 2025 to June 21, 2025, a mere 64 days. Each signature must come from registered voters in the Albuquerque area. The city clerk’s go through each one of the signatures to confirm their registration and candidates can challenge each other’s signatures for disqualification. The signatures of people who sign the nomination petitions and who are not actually registered voters are tossed and are not counted.

Daniel Chavez is the first to secure the required 3,000 signatures to get on the ballot. Following are the processed qualifying nominating petition signatures for each of the 11 candidates as of Friday April 23:

DANIEL CHAVEZ

• Required Petition Signatures                                        3,000
• Verified Petition Signatures                                           3,424
• Rejected Petition Signatures                                         2,336
• Remaining Petition Signatures Needed                           -0-
• Percentage of Verified Petition Signatures Met        100%

BRIAN FEJER

• Required Petition Signatures                                        3,000
• Verified Petition Signatures                                               69
• Rejected Petition Signatures                                             -0-
• Remaining Petition Signatures Needed                        2,931
• Percentage of Verified Petition Signatures Met           2%

ALPANA ADAIR

• Required Petition Signatures                                        3,000
• Verified Petition Signatures                                               14
• Rejected Petition Signatures                                             11
• Remaining Petition Signatures Needed                        2,986
• Percentage of Verified Petition Signatures Met          0%

ALEXANDER UBALLEZ

• Required Petition Signatures                                        3,000
• Verified Petition Signatures                                           2,066
• Rejected Petition Signatures                                           258
• Remaining Petition Signatures Needed                          934
• Percentage of Verified Petition Signatures Met         69%

ADEO HERRICK

• Required Petition Signatures                                          3,000
• Verified Petition Signatures                                                 35
• Rejected Petition Signatures                                               28
• Remaining Petition Signatures Needed                          2,965
• Percentage of Verified Petition Signatures Met              1%

LOUIE SANCHEZ

• Required Petition Signatures                                          3,000
• Verified Petition Signatures                                             1,382
• Rejected Petition Signatures                                             262
• Remaining Petition Signatures Needed                          1,618
• Percentage of Verified Petition Signatures Met                 46%

MAYLING ARMIJO

• Required Petition Signatures                                          3,000
• Verified Petition Signatures                                               699
• Rejected Petition Signatures                                             182
• Remaining Petition Signatures Needed                          2,301
• Percentage of Verified Petition Signatures Met                 23%

EDDIE VARELA

• Required Petition Signatures                                           3,000
• Verified Petition Signatures                                              1,562
• Rejected Petition Signatures                                              347
• Remaining Petition Signatures Needed                           1,438
• Percentage of Verified Petition Signatures Met            52%

PATRICK SAIS

• Required Petition Signatures                                           3,000
• Verified Petition Signatures                                                 413
• Rejected Petition Signatures                                               482
• Remaining Petition Signatures Needed                            2,587
• Percentage of Verified Petition Signatures Met             14%

DARREN WHITE

• Required Petition Signatures                                             3,000
• Verified Petition Signatures                                                1,211
• Rejected Petition Signatures                                                103
• Remaining Petition Signatures Needed                            1,789
• Percentage of Verified Petition Signatures Met              40%

TIMOTHY KELLER

• Required Petition Signatures                                             3,000
• Verified Petition Signatures                                                2,634
• Rejected Petition Signatures                                                410
• Remaining Petition Signatures Needed                               366
• Percentage of Verified Petition Signatures Met              88%

Daniel Chavez said this of being first to qualify for the ballot:

“I’m feeling great. That was our goal, and we did it. When I announced my candidacy, we really weren’t getting very much attention. So, I figured if we could really work hard with volunteers and friends to get enough signatures to get on the ballot before Tim, we might get noticed. And we were able to do it  … I made a $100,000 contribution to my campaign. That’s what got me rolling. It doesn’t make sense to me that we’re paying $5 to Tim or whoever it is to get them into office. And then we’re paying them that on principle, I don’t just believe in it.” 

The link to the relied upon and quoted news source is here:

https://www.koat.com/article/albuquerque-mayoral-candidates-new-mexico/64868853

COMMENTARY AND ANALSIS ON QUALIFYING PETITION SIGNATURES

As of May 23, only one candidate has collected 3,000 qualifying nominating petition signatures over the 35 day period from April 19 to May 23. Republican Daniel Chavez  secured 100% of the required qualifying petition signatures of 3,000 with 3,424 verified by the city clerk and a whopping 2,336 signatures rejected by the city clerk. Daniel Chavez is self-financed giving his campaign $100,000. The fact that he collected a total of 5,760 signatures, almost twice of what is needed, with so many rejected, is evidence that he paid people who were inexperienced at collecting qualifying signatures but they got the job done which is what counts.

Democrat Mayor Tim Keller is easily on his was to secure the required 3,000 signatures to get on the ballot with 2,634 signatures secured or 88% with 410 rejected and Keller needs only 336 more signatures which is less than the 410 rejected. Keller has a clear advantage because of his incumbency and the experience from two successful municipal campaigns. Keller is holding a series of “meet the candidate” events at supporters homes to collect both signatures and $5.00 donations.

Democrat Alexander Uballez likewise will likely make the ballot with 2,066 verified petition signatures secured or 69% and 258 rejected and he needs 934 more signatures which is doable with 29 days remaining to collect signatures. Ubabellez, like Keller, is holding a series of “meet the candidate” events at supporters homes to collect signatures and $5.00 donations.

Republican Eddie Varela is on track to secure the required 3,000 signatures to get on the ballot with 1,562 signatures collected or 52% and 347 rejected. Varela needs 1,438 more signatures.

Democrat City Council Louie Sanchez is lagging slightly at mid-point to secure the 3,000 required signatures with 1,382 verified or 46%, 262 rejected and needing 1,618 more signatures to get on the ballot.

Republican Darren White is seriously lagging at mid-point to secure the 3,000 required signatures having secured 1,211 or 40% with 103 rejected and needing 1,789 more verified nominating signatures. Notwithstanding, there still is sufficient time for White to make up the difference.

Democrat Mayling Armijo is seriously underwater with her collection of nominating petition signatures with 699 verified signatures collected or 23%, 182 rejected and 2,301 more needed to get on the ballot. It is surprising she is seriously lagging in collecting signatures given the amount she has raised in seed money and raised by a measured finance committee’s for her which should have been spent on collecting signatures. It must be noted that part of  Armijo’s problem is she is not even in the country in that she has been deployed for military service.

Only 29 days, from May 23 to June 21, remain to collect the balance of the qualifying nominating petition signatures. It is painfully obvious that 4 out of 11 candidates for Mayor will not collect the required 3,000 signatures to be placed on the ballot with 4 having less than 15% of the required signatures. Those candidates are: Brian Feger with 2% collected, Alpana Adair with 0% collected, Adeo Herrick with 1% collected and  Patrick Sais with 14% collected. There is an outside chance one or more are hoarding signatures collected in order to simply turn them in at the last minute but this is a highly risky proposition given that many signatures may prove to be invalid.

The link to the City Clerk web page is here:

https://www.cabq.gov/vote/candidate-information/2025-candidates-and-committees-1/2025-petition-qualifying-contribution-tally

PROCESSED PUBLIC FINANCE QUALIFYING DONATIONS

Five of the eleven candidates running for Mayor are “public financed” candidates: Darren White, Tim Keller, Louis Sanchez, Alexander Uballez and Adeo Herrick. Three candidates have withdrawn their  application for public finance and are now considered a privately financed candidates: Alpana Adair,  Eddie Varela and Patrick Sais. 

The single most difficult task for candidates who are publicly financed candidates is the collection of 3,780 qualifying donations of $5.00 each to secure $755,946 in city financing. The candidates are  given from April 19, 2025 to June 21, 2025, a mere 64 days, to collect the 3,780 qualifying donations from registered Albuquerque voters.

The city clerks will go through each one of the donations to confirm donor registration within the city limits. If a candidate does not collect the full 3,780 qualifying donations, those donations collected revert to the city and not to a candidate’s campaign. The failing  candidate to collect 3,780 qualifying donations can declare to be a privately finance candidate and solicit private campaign donation funding until election day November 5.

The following are the processed public finance qualifying donations for 5 candidates who remain publicly financed candidates as of Friday May 23 with 3 candidates withdrawing as public financing:

ALPANA ADAIR (On May 22, Alpana Adair withdrew from public financing thereby becoming a privately finance candidate.)

• Required Qualifying Contributions                                                   3,780
• Verified Qualifying Contributions                                                            7
• Rejected Qualifying Contributions                                                          4
• Remaining Qualifying Contributions Needed                                   3,773
• Percentage of Verified Qualifying Contributions Met                     0%

ALEXANDER UBALLEZ

• Required Qualifying Contributions                                                    3,780
• Verified Qualifying Contributions                                                          819
• Rejected Qualifying Contributions                                                        122
• Remaining Qualifying Contributions Needed                                    2,961
• Percentage of Verified Qualifying Contributions Met                     22%

ADEO HERRICK

• Required Qualifying Contributions                                                     3,780
• Verified Qualifying Contributions                                                              6
• Rejected Qualifying Contributions                                                          -0-
• Remaining Qualifying Contributions Needed                                     3,774
• Percentage of Verified Qualifying Contributions Met                        0%

LOUIE SANCHEZ

• Required Qualifying Contributions                                                     3,780
• Verified Qualifying Contributions                                                           619
• Rejected Qualifying Contributions                                                          64
• Remaining Qualifying Contributions Needed                                     3,161
• Percentage of Verified Qualifying Contributions Met                     16%

EDDIE VARELA (Withdrew application for public finance thereby becoming private financed candidate.)

• Required Qualifying Contributions                                                     3,780
• Verified Qualifying Contributions                                                            95            Rejected Qualifying Contributions                                                            7
• Remaining Qualifying Contributions Needed                                     3,685
• Percentage of Verified Qualifying Contributions Met                       3%

PATRICK SAIS (On May 2, Patrick Saiz withdrew from public financing there becoming a privately finance candidate.)

• Required Qualifying Contributions                                                      3,780
• Verified Qualifying Contributions                                                               2
• Rejected Qualifying Contributions                                                           -0-
• Remaining Qualifying Contributions Needed                                      3,778
• Percentage of Verified Qualifying Contributions Met                        0%

DARREN WHITE

• Required Qualifying Contributions                                                      3,780
• Verified Qualifying Contributions                                                         1,266
• Rejected Qualifying Contributions                                                            26
• Remaining Qualifying Contributions Needed                                      2,514
• Percentage of Verified Qualifying Contributions Met                       33%

TIMOTHY KELLER

• Required Qualifying Contributions                                                       3,780
• Verified Qualifying Contributions                                                          2,044
• Rejected Qualifying Contributions                                                           152
• Remaining Qualifying Contributions Needed                                       1,736
• Percentage of Verified Qualifying Contributions Met                       54%

The link to the City Clerk web page is here:

https://www.cabq.gov/vote/candidate-information/2025-candidates-and-committees-1/2025-petition-qualifying-contribution-tally

COMMENTARY AND ANALYSIS ON QUALIFYING DONATIONS

According to the City Clerk, the number of collected $5.00 donations as of May 23 represents donations collected from April 19 to May 23 or collected over a 35 day period. Only 29 days remain from May 23 to June 21 to collect the balance of the $5.00 donations needed to qualify for public finance.

KELLER AND WHITE TWO TOP CANDIDATES FOR PUBLIC FINANCE

Mayor Tim Keller having collected 54% of the required qualifying donations as of May 23, collected over a 35 day period, can be said to be on his way to qualify for the $755,946 in city financing, but it is still going to be close for him with little margin of error. Keller must collect and have approved by the City Clerk an  additional 1,736  $5.00 donations over the remaining 29 days to qualify for public finance. This means additional $5.00 donations must be collected to offset those that may be held as invalid. Given Keller’s advantage, his experience in running twice before as a public finance candidate, and his campaign securing 88% of his nominating petition signatures, his percentage of 54% collected in $5.00 donations should be significantly higher. This failure to collect more $5.00 donations is likely attributed to the public’s disdain to making any kind of political contribution as well as Keller’s low approval rating which is said to be at 33%. Keller could conceivably be the only candidate out of 11 who qualifies for public financing, but then again there is an outside chance that no candidates will qualify for public financing given that a mere 29 days remain to collect the $5.00 donations.

Former Bernalillo County Sherriff Darren White comes in a distant second to Keller with White collecting only 1,266 or 33% of the qualifying $5.00 donations over a 35-day period. White must still collect 2,514 more $5.00 donations over the 29 day period remaining, which by any measure is a very daunting task. Given White’s name identification within the Republican Party, he should be doing a lot better and be more competitive. His failure to perform better is likely attributed to his high negatives and being out of office for a considerable amount of time.  At this point, White qualifying for Public Financing is in serious doubt. However, if he does not qualify for public finance he could still remain in the race as a privately financed candidate.

UBALLEZ AND SANCHEZ SECOND AND THIRD PUBLIC FINANCE CANDIDATES

Coming in distant  3^rd and 4^th in the collection of $5.00 public finance donations to the city is former US Attorney for New Mexico Alexander Uballez and City Councilor Louie Sanchez. Uballez has 22% of the required $5.00 donations, or 819 collected, and needs to collect 2,961 more $5.00 donation over a 29-day period. Sanchez has collected a mere 619 or 16% of the required $5.00 donations, and needs to collect 3,161 more $5.00 donations over a 29 day period.

With only 29 days remaining in the collection process it is not at all likely Uballez nor Sanchez will qualify for public financing but they can continue with their campaigns as privately finance campaigns unless they do not collect the required 3,000 nominating petition signatures.

Both Uballez and Sanchez would be wise to abandon their efforts to qualify for public finance and concentrate on collecting the required 3,000 nominating petition signature in order to get on the ballot. Uballez has 69% or 2,066 of the nominating petition signatures needed to get on the ballot and needs 934 more. Sanchez has 1,382  or 46% of the signatures needed to get on the ballot and needs 1,618 more nominating petition signatures to get on the ballot .

FOUR CANDIDATES HAVE FAILED TO QUALIFY FOR PUBLIC FINANCE      

Adeo Herrick has collected only 6 qualifying $5.00 donations out of the 3,780 required and it can be presumed he will not qualify for public finance.

Three candidates who originally private finance candidates withdrew their applications and have not qualified for public finance: Alpana Adair, Eddie Varela and Patrick Sais.

The link to the City Clerk web page is here:

https://www.cabq.gov/vote/candidate-information/2025-candidates-and-committees-1/2025-petition-qualifying-contribution-tally

DIRE NEED FOR REFORM TO PUBLIC FINANCE LAWS

The fact that only one candidate for Mayor or perhaps two will qualify for public finance this election year is clear evidence that the system has been set up for candidates to fail, that is why so few candidates for Mayor will qualify for public finance. The system favors incumbents who have high name identification and built in campaign organizations.  Some have argued it is a system that is supposed to be hard to “weed out” candidates who are incapable of mounting serious campaigns. But making it so hard that no one qualifies makes it a mockery of the purpose and intent of public finance which is to encourage qualified people to run who can not afford to run.

The deficiencies in the city’s public financing have been repeatedly warned about over the last 14 years but have been ignored. Some of the changes advocated is reducing the number of qualifying donations to a more realistic number as well as increasing the time to collect the qualifying donations. Simply put, public finance laws should not be set up to make it too difficult to qualify for public financing and should have sufficient safeguards to police and prevent fraud.

The following changes to the City’s public finance and election are in order:

• Double the amount of time from 64 days to 128 days to collect both the qualifying donations and petition signatures, and private campaign donation collection.
• Reduce the number of $5.00 qualifying donations of 3,780 to equal the number of nominating petition signatures of 3,000. Simply put, many voters loath making political donations of any kind.
• Allow the collection of the qualifying donations from anyone who wants, and not just residents or registered voters of Albuquerque. Privately finance candidates now can collect donations from anyone they want and anywhere in the State and Country.
• Once the allowed number of qualifying donations is collected, the public financing would immediately made  available, but not allowed to be spent until the date of closure of the collection process.
• Permit campaign spending for both publicly financed and privately financed candidates only from the date of closure of the collection process to the November election day.
• Return to candidates for their use in their campaign any qualifying donations the candidate has collected when the candidate fails to secure the required number of qualifying donations to get the public financing.
• Mandate the City Clerk to issue debit card or credit card collection devices to collect the qualifying donations and to issue receipts and eliminate the mandatory use of “paper receipts”. Continue to allow the collection of both nominating petition signature and $5.00 donations “on line.”
• Increase from $1.00 to $2.50 per registered voter the amount of public financing, which will be approximately $900,000, and allow for incremental increases of 10% every election cycle keeping up with inflation.
• Allow additional matching public financing available for run offs at the rate of $1.25 per registered voter, or $450,000.
• Albuquerque should make every effort to make municipal elections partisan elections to be held along with State and Federal elections by seeking a constitutional amendment from the legislature to be voted upon by the public.
• Any money raised and spent by measured finance committees on behalf a candidate should be required to first be applied to reimburse the City for any taxpayer money advanced to a public finance candidate or deducted from a publicly finance candidates account and returned to the city.
• City of Albuquerque campaign reporting and finance ordinances and regulations need to define with absolute clarity that strictly prohibit the coordination of expenditures and campaign activities with measured finance committees and individual candidate’s campaigns in municipal elections.
• A mandatory schedule of fines and penalties for violations of the code of ethics and campaign practices act should be enacted by the City Council.

CONCLUSION

Until there is real reform of public finance laws, we can continue to expect only one to two candidates qualify for public financing in elections for Mayor.

Each Memorial Day, I am compelled to pay tribute to members of my family who have given so much and sacrificed so much to protect our freedoms and to protect this great country of ours. All these family members were born and lived in New Mexico, two were born in Chacon, New Mexico and the rest born and raised and educated in Albuquerque.

One gave the ultimate sacrifice during time of war.

My father Paul Dinelli and my Uncle Pete Dinelli, for whom I was named after, both served in the US Army during World War II when the United States went to war with Italy, Germany and Japan.

My father and uncle were first generation born Americans and the sons of Italian immigrants who settled in Albuquerque in the year 1900 to live the American dream. My Uncle Pete Dinelli was killed in action when he stepped on a land mine. My father Paul Dinelli was a disabled American Veteran when he returned to Albuquerque after World War II and was honorably discharged because of a service-connected disability. Years after the war, my father met my mother Rose Fresques at the Alvarado Hotel where she had worked as a Harvey girl. After the couple married, my father went to barber school in Denver, Colorado, returned to Albuquerque and opened “Paul’s Barber Shop” which was located at Third and Lomas.

My uncles Fred Fresques and Alex Fresques, my mother’s two brothers, also served in World War II. My Uncle Alex Fresques served in England and was in the Air Force.

My uncle Fred Fresques saw extensive action in the US Army infantry during World War II and was awarded 2 Bronze Star medals and a purple heart for his service. The Bronze Star medal is awarded to individuals who, while serving with the Armed Forces of the United States in combat, distinguish themselves by heroism, outstanding achievement, or by meritorious service. The purple heart is awarded for being injured in combat or dying in combat. My Uncle Fred would never talk to anyone about what he saw. After the war, my Uncle Fred returned to Albuquerque and raised a family in Barelas. Over many years, my Uncle Fred was active in the Barelas Community Center and was a trainer for the “Golden Gloves” competition teaching young adults the sport of boxing.

My father-in-law, George W. Case, who passed away at the age 93, served in the United States Navy during World War II and saw action while serving on a destroyer. My father-in-law George Case was so proud of his service that he wore a World War II Veterans cap every day the last few years of his life. After the war, my father-in-law George Case returned to Albuquerque was married to my mother-in-law Laurel Del Castillo for 50 years, raised a family of 4 girls. George eventually owned a liquor store for a few years and then went on to build, own and operate the Old Town Car wash, which still stands today, and he was in the car wash industry for a number of years.

My nephew Dante Dinelli, the son of my brother Veron and his wife Rosemary, was born and raised in Albuquerque,  and he  joined the service a few years after graduating from Cibola High School. Dante served 20 + years in the US Navy, retired as a Chief Petty Officer and worked in a civilian capacity for the Navy.

My two nephews, Matthew Barnes and Brandon Barnes, the sons of my younger sister Pauline and her husband Marvin, were born and raised in Albuquerque and went to Bosque Prep. Both Mathew and Brandon are in  the United States Marine Corps and both continue to climb the promotion ladder in the Marine Corps and both have achieved the rank of Lt. Colonel. My nephew Lt. Colonel Brandon Barnes is a graduate of the US Naval Academy. My nephew Lt. Colonel Matthew Barnes graduated from UNM with honors and served a tour in Afghanistan.

To all the wonderful and courageous men and women who have served and continue to serve our country to protect and secure the promise of freedom and the ideals upon which the United States was founded upon, and to those who made the ultimate sacrifice, I thank you for your service to our Country.

Your service and sacrifices to this great country of ours will never be forgotten. God bless you all and God Bless this great country of ours!

On May 12, the Keller Administration announced it was issuing what it referred to as “Request for Interest” calling on city developers to share ideas on developing 11 City owned vacant properties into affordable housing. The request for information comes before a bid process that would see the city give away vacant land it owns to developers after first collecting ideas for development.

The “Request for Interest”  included a map highlighting eleven city-owned properties that could be developed into housing. Eight of the city owned  properties are west of Rio Grande and many are empty lots in residential areas. The Request for Interest closes on May 30, 2025.

According to Joseph Montoya, the Deputy Director of Health, Housing and Homelessness, the goal of the “Request for Interest” is to find new ideas to address the city’s housing crisis. Montoya said this:

“Instead of sitting vacant, these properties could be transformed into homes and communities. … Through this Request for Interest, we are leaning on our strong partners for their valuable insight to add more needed units to our City’s inventory. … We wanted to know if we had people interested in developing affordable housing, and of course, in this case, we can give the property away. … Hopefully, we’ll have interest on all the lots. That’s our hope because there’s such a dire need here. … A lot of them already have infrastructure on them.  All of them are already zoned [for residential development] … So,  from our perspective, these are lots that we already know are appropriate for the development of affordable housing. … Anytime you’re giving away free land, I think that’s a win-win. … That’s the incentive right there.”

Mayor Tim Keller said this in the city release:

“The housing crisis is now, and we’re fully committed to using every tool at our disposal to address it. … Investing in a range of affordable housing options creates pathways to stability, uplifts families, and prevents more people from falling through the cracks and becoming unhoused.”

https://www.cabq.gov/health-housing-homelessness/news/city-seeks-innovative-ideas-for-affordable-housing-on-vacant-properties

NEW MEXICO ANTI DONATION CLAUSE EXCEPTION

The anti-donation clause in the New Mexico Constitution prohibits state and local governments from making donations to or in aid of private entities. This includes preventing public funds from being used for private benefit, like supporting private businesses or non-profit organizations. The clause’s purpose is to prevent corruption and ensure public funds are used for public purposes.

The initial reaction to the city of Albuquerque giving away 11 vacant lots it owns free and clear is that it violates the “anti-donation clause” of the New Mexico Constitution.  According to the New Mexico Anti-Donation Clause, it would generally be considered a violation for a city to give away land without commensurate consideration. It would constitute a “donation” or “transfer without value” to another. However there is an exception when it comes to affordable housing.

The anti-donation clause contains a clear exception and allows a city to give away land for free for affordable housing.

Article IX, Sec. 14 of New Mexico Constitution is the Anti Donation Clause and it provides in part as follows:

Neither the state nor any county, school district or municipality, except as otherwise provided in this constitution, shall directly or indirectly lend or pledge its credit or make any donation to or in aid of any person, association or public or private corporation or in aid of any private enterprise.

… .

[A. through D. Exceptions]

1. Nothing in this section prohibits the state, or the instrumentality of the state designated by the legislature as the state’s housing authority, or a county or a municipality from:

(1) donating or otherwise providing or paying a portion of the costs of land for the construction on it of affordable housing;

(2) donating or otherwise providing or paying a portion of the costs of construction or renovation of affordable housing or the costs of conversion or renovation of buildings into affordable housing; or

(3) providing or paying the costs of financing or infrastructure necessary to support affordable housing projects.

https://codes.findlaw.com/nm/new-mexico-constitution/nm-const-art-ix-sect-14/

BUYING “SURPLUS PROPERTY” FROM THE CITY

The City of Albuquerque Real Property Division has identified a number of properties that could benefit the community by being developed as future Affordable Housing locations.

The City of Albuquerque owns tracts of land and/or buildings that are sometimes no longer needed to satisfy a public purpose. These types of properties are known as “surplus properties.” The City of Albuquerque has city ordinances regarding the disposal of surplus real property.  These ordinances dictate how properties are determined to be surplus, how they are valued, and how they are sold or disposed of. The POSTSCRIPT below provides the ordinances.

Before the City sells, exchanges, or donates real property, it must be determined that the property is not essential for a municipal purpose.  The Administrative Real Property Review Board makes the determination that a piece of real property is not essential for a municipal purpose.  After property is determined as NOT ESSENTIAL, an appraisal of  the value of the property must  be made by the city’s  Property Management Division or a qualified private appraiser.

Once the City’s Real Property Division identifies a potential surplus property, it seeks to have it declared not-essential by the City Council. Non-essential properties are then marketed for sale in accordance with City Ordinance and are sold through a bidding process.

Real property with a value of $500 or less can be sold for cash at a public or private exchange without notice. Real property with a value exceeding $500 may be sold at a public or private sale to the highest bidder. No real property shall be sold or exchanged for less than 90% of its appraised value.

Real property of any value may be sold to, exchanged with or donated to the state, any of its political subdivisions or to the Federal government after a determination by the Mayor or Council as provided herein that such sale, exchange or donation is in the best interests of the city.

https://www.cabq.gov/municipaldevelopment/city-real-estate-sales-services/surplus-city-properties-for-sale

COMMENTARY AND ANALYSIS

This falls squarely into the category of “Just because you can does not mean you should.”  Joseph Montoya, the Deputy Director of Health, Housing and Homelessness shows a real level of arrogance when he said this:

We wanted to know if we had people interested in developing affordable housing, and of course, in this case, we can give the property away. … Anytime you’re giving away free land, I think that’s a win-win. … That’s the incentive right there.”

POOR STEWARDS OF CITY ASSETS

Keller and Montoya are poor stewards of city assets when they simply want to just give away city land to developers. They need to be told in no uncertain terms the city  land is NOT theirs to be given away. It’s a “win-win” only for developers and a “lose-lose” for the public. It’s NOT free land. It is land paid for with taxpayer money to become city owned and in turn owned by the taxpayers. It is NOT land that Montoya and Mayor Keller can simply give away  to developers as they see fit.

Montoya says “ A lot of [the lots] already have infrastructure on them.  All of them are already zoned [for residential development.]”  Simply put, vacant land that is already zoned for residential and with infrastructure is a very valuable commodity. Vacant land within the city is also limited, and once it’s developed, it’s developed forever. It also is an asset that will only  appreciate in value.

There are other options that Mayor Keller and the Health, Housing and Homelessness Department need to explore other than simply giving away land to local city developers. Those would include long term leases of the land, say for 75 years for the useful life of development, for very minimal consideration, like $100 dollars a year, where the city retains title and ownership of the land. The city could also enter into a joint powers agreement with the state to build affordable housing on the city owned property.

Another major option would be for the City to seek funding from the New Mexico Mortgage Finance Authority to develop the land on its own for affordable housing. On July 24, 2024, the New Mexico Mortgage Finance Authority (NMFA) officials reported on the findings of the state’s most recent housing needs assessment. It outlined how $84.6 million in state funding would be allocated to address those needs. At its May and June meetings, the New Mexico Mortgage Finance Authority Board of Directors approved a $50 million allocation, along with the $34.6 million in state fiscal year 2025 severance tax bond funding. The breakdown includes:

• $26.6 million to create more housing.
• $20 million for down payment assistance.
• $10 million to preserve existing affordable housing.
• $1 million to create stable housing environments.
• $27 million in reserve to use based on particular demands.

Although time has elapsed, and the funding is likely no longer available, the MFA will continue with its efforts to fund projects for affordable housing.

The link to  full, unedited  MFA housing needs assessment is here:

https://drive.google.com/file/d/1SzAnXnO_nHI5ef3onk_5tPKhKrIaIQLc/view

The Keller Administration needs to withdraw the “Request for Interest” immediately and explore other options.

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POSTSCRIPT

The City of Albuquerque has city ordinances regarding the disposal of surplus property, including real property and personal property. These ordinances dictate how properties are determined to be surplus, how they are valued, and how they are sold or disposed of. Following are the ordinances:

5-2-1 DISPOSAL OF REAL PROPERTY NOT ESSENTIAL FOR A MUNICIPAL PURPOSE.

Prior to the sale, exchange, or donation of real property belonging to the city, such real property shall be determined to be not essential for a municipal purpose as provided herein. After such a determination has been made, the real property may be disposed of by the Mayor in the following manner:

(A)   Prior to disposal of real property, the Mayor shall cause an appraisal to be made by the Property Management Division or a qualified private appraiser. No real property shall be sold or exchanged for less than 90% of its appraised value.

(B)   Real property having a value of not more than $500 may be sold for cash at a public or private exchange without notice.

(C)   Real property having a value of more than $500 may be:

(1)   Sold at a public or private sale to the highest bidder meeting the published terms and conditions of the sale after publishing a notice of such sale in a local newspaper of general circulation once each week for two consecutive weeks prior to the sale.

(2)   Exchange at a public or private exchange after publishing a notice of such exchange in a local newspaper of general circulation once each week for two consecutive weeks prior to the exchange.

(D)   Real property of any value may be sold to, exchanged with or donated to the state, any of its political subdivisions or to the Federal government after a determination by the Mayor or Council as provided herein that such sale, exchange or donation is in the best interests of the city.

(E)   Real property acquired by the city through lien or mortgage foreclosure may not in the discretion of the Mayor or his designated representative be subject to this article in the event the sale of the property is to the foreclosure owner of same, and it is or was the owner’s residence, and provided further than any such sale shall be for not less than the principal and interest due.

(F)   Contracts for disposal of city real property pursuant to divisions (C) and (D) of this section shall be submitted to the Council by the Mayor at the first regularly scheduled Council meeting after their execution when the value of the real property is more than $50,000. Procedure shall be as follows:

(1)   All contracts which are submitted to the Council in accordance with the requirements of this section shall be supported by the current appraisal relied upon to determine the value of the city property, the Council’s determination that the property is not essential for a municipal purpose, and a description of the disposal process and the other offers received.

(2)   The Council may approve, take no action or disapprove the contract.

(3)   If the Council disapproves by majority vote of the members present and voting, the contract shall be void.

(4)   The Mayor may withdraw the contract at any time from the Council or may present revisions thereof. In the event of withdrawal, the contract shall be a nullity. In the event of revision, the provisions of this section shall apply to the same extent as if a new contract were being submitted.

(’74 Code, §5-3-1) (Ord. 3-1975; Am. Ord. 36-1976; Am. Ord. 59-1979; Am. Ord. 23-1983; Am. Ord. 22-2007)

5-2-2 DETERMINATION THAT REAL PROPERTY IS NOT ESSENTIAL FOR A MUNICIPAL PURPOSE.

    (A)   Administrative Real Property Review Board. Prior to making the determination that a piece of real property is not essential for a municipal purpose, the Administrative Real Property Review Board shall analyze said property and make a recommendation regarding whether the property is essential for a municipal purpose to the person who shall make the determination, as provided for in this article. The Administrative Real Property Review Board shall be composed of the Director of the Department of Finance and Management or his designated representative, the Property Manager, the City Attorney or his designated representative, the Director of the Planning Department or his designated representative and, if appropriate, a representative of the department by which the property in question was to have been used. The Review Board shall consider the adopted Albuquerque/Bernalillo County Comprehensive Plan and related master plans and expected city development patterns as a basis for their recommendation. The Review Board shall transmit a written analysis with their recommendation.

(B)   For real property owned by the city having a value of not more than $10,000, the determination that the real property is not essential for a municipal purpose shall be made by the Mayor.

(C)   For real property owned by the city having a value of more than $10,000, the determination that the real property is not essential for a municipal purpose shall be made by the Council.

(’74 Code, § 5-3-2) (Ord. 3-1975; Am. Ord. 36-1976)

5-2-3 REAL PROPERTY NOT ESSENTIAL FOR A MUNICIPAL PURPOSE TO BE PROPERLY ZONED PRIOR TO SALE.

After real property belonging to the city has been determined not essential for a municipal purpose and prior to its appraisal and disposal, the Planning Department shall review its zoning to determine that the zoning is appropriate in terms of the city’s master plan, in particular the master plan documents which comprise the Albuquerque/Bernalillo County Comprehensive Plan, and the potential use of the property. If the Planning Department determines that the zoning is appropriate, it shall so notify the Mayor. If the Planning Department determines that the zoning is not appropriate, it shall initiate a zone change to an appropriate zone, and it shall notify the Mayor of the final action taken on this request. No real property shall be appraised or disposed of until the Planning Department has notified the Mayor that it is appropriately zoned or until the Planning Department has notified the Mayor of final action on its request for a zone change.

(’74 Code, § 5-3-3) (Ord. 36-1976)

5-2-4 LEASING OF REAL PROPERTY OWNED BY THE CITY.

(A)   Leases or other conveyances for a specified term of an interest in real property owned by the city or amendments to such leases or other conveyances shall be submitted to the Council by the Mayor after negotiation or prior to bidding when:

(1)   The term of the lease or other conveyance is proposed to be in excess of two years. For the purposes of this division, TERM OF CONVEYANCE shall include not only the initial term but also any option to renew where the option is at the sole discretion of the lessee; or

(2)   The term of the lease or other conveyance is proposed to be in excess of one month and the income or other consideration to be received by the city is proposed to be in excess of $500 per month. For purposes of this section, an easement granted to a utility operating under a franchise granted by the city shall not be considered as a lease or other conveyance.

(B)   All proposals which are submitted to the Council in accordance with the requirements of this section shall be supported by a message setting out the circumstances, benefits, responsibilities and advantages relative thereto.

(C)   The Council may approve, take no action or disapprove the proposal.

(D)   If the Council disapproved by majority vote of the members present and voting, the proposal may not be entered into.

(E)   The Mayor may withdraw the proposal at any time from the Council and may present revisions thereof. In the event of withdrawal, the proposed lease or other such conveyance shall be a nullity. In the event of revision, the provisions of this section shall apply to the same extent as if a new proposal were being submitted.

(’74 Code, § 5-3-4) (Ord. 71-1976; Am. Ord. 9-1987; Am. Ord. 58-1990; Am. Ord. 22-2007)

5-2-5 ACQUISITION OF REAL PROPERTY.

(A)   The Mayor is authorized to enter into contracts for the acquisition of any interest in real property, subject to the approval of the Council as outlined herein. Except in emergencies, the Mayor shall enter into such contracts only when the Council has authorized purchase of the specific parcel or a parcel of its type and location category; such Council authorization is evidenced by the fact that:

(1)   Sufficient money, designated for acquisition of the property, has been previously appropriated by the Council; or

(2)   Acquisition of such property is specified in the current two-year Capital Improvements Budget; or

(3)   The city-owned property to be utilized as consideration in an exchange has previously been declared nonessential for municipal purposes, pursuant to §§ 5-2-1 and 5-2-2, and the Council resolution declaring the property nonessential authorized the city property to be used as consideration to acquire the specific parcel or a parcel of its type and location category.

(B)   The contracts, including those accomplishing trades, shall be submitted to the Council by the Mayor at the first regularly scheduled Council meeting after their execution when:

(1)   The value of the real property is more than $50,000; and

(2)   Sufficient money to be used to acquire the real property has not been previously appropriated by the Council.

(C)   All contracts which are submitted to the Council in accordance with the requirements of this section shall be supported by a message setting out the circumstances, benefits, responsibilities and advantages relative thereto.

(D)   The Council may approve, take no action or disapprove the contract.

(E)   If the Council disapproves by majority vote of the members present and voting, the contract shall be void.

(F)   The Mayor may withdraw the contract at any time from the Council or may present revisions thereof. In the event of withdrawal, the contract shall be a nullity. In the event of revision, the provisions of this section shall apply to the same extent as if a new contract were being submitted.

(G)   Open Space Acquisitions. The Mayor may from time to time, or shall upon request of the Council, issue solicitations seeking competitive offers to sell the properties on the Council-approved city open space priority acquisition list.

(’74 Code, § 5-3-5) (Ord. 32-1980; Am. Ord. 9-1983; Am. Ord. 22-2007; Am. Ord. 2016-008)

5-2-6 LEASING OF REAL PROPERTY BY THE CITY.

(A)   Leases or other conveyances, except construction and utility easements, for a specified term of an interest in real property to the city or amendments to such leases or other conveyances shall be submitted to the Council by the Mayor after negotiation when the term of the lease or other conveyance is proposed to be in excess of six months and the income or other consideration to be paid by the city is proposed to be in excess of $500 per month.

(B)   All proposals which are submitted to the Council in accordance with the requirements of this section shall be supported by a message setting out the circumstances, benefits, responsibilities and advantages relative thereto.

(C)   The Council may approve, take no action or disapprove the proposal.

(D)   If the Council disapproves by a majority vote of the members present and voting, the proposal may not be entered into.

(E)   The Mayor may withdraw the proposal at any time from the Council and may present revisions thereof. In the event of withdrawal, the proposed lease or other such conveyance shall be a nullity. In the event of revision, the provisions of this section shall apply to the same extent as if a new proposal were being submitted.

(’74 Code, § 5-3-6) (Ord. 27-1990; Am. Ord. 22-2007)

5-2-7 HOME AND BUSINESS PROPERTY PROTECTION.

(A)   Title. This section shall be entitled the Home and Business Property Protection Ordinance.

(B)   Findings. The Council finds that:

(1)   In the 2005 decision entitled Kelo, et al. vs. City of New London, Connecticut, et al., 545 U.S. ___ (2005), the United States Supreme Court upheld the taking of private property for uses that would promote job growth and increase tax revenues.

(2)   While the revitalization of urban areas, the elimination of blight, and economic development are laudable goals, a municipality’s actions to achieve these goals should not result in taking occupied homes and property occupied by a business from its citizens.

(3)   The Kelo case expanded the purpose of eminent domain beyond the purposes contemplated by the State Metropolitan Redevelopment Code, the State Eminent Domain Code, and the city’s Metropolitan Redevelopment Ordinance.

(4)   The Council will not support the use of its powers of eminent domain to take an occupied residence or property occupied by a business that is not blighted or a public nuisance for a purpose that is justified only by “economic development.”

(C)   Council approval required. Any eminent domain action initiated by the city justified only by economic development that would result in the total taking of an occupied residential property, or property occupied by a business, under the Fifth Amendment of the United States Constitution and state law must be approved by the City Council prior to its initiation.

(D)   Conditions for approval. The Council shall not approve a taking of an occupied residence or property occupied by a business unless it first finds that the eminent domain action is for a public purpose as set forth in the State Metropolitan Redevelopment Code or the State Eminent Domain Code.