Making Sure No One Is Looking Is Being Sneaky

Mayor Tim Keller signed the tax increase bill with no press conference, no fanfare, and no one looking on.

It was found out by ABQ Reports by looking at the City Council website.

Too bad and what a missed opportunity for Keller.

Mayor Keller should have appeared before city council to announce his decision, perhaps even sign the bill in front of them, and allowed himself to be asked questions by both the City Council and the public.

Words, appearances and actions matter when you are a candidate as well as an elected official.

A promise not to raise taxes without a public vote by any candidate for mayor is meaningless when said from the get-go and nonsense that should not be taken too seriously.

No candidate for mayor really knows what is going on with city finances until he/she actually look at the books.

Keller making the promise as a candidate was at best idealistic and at worse being foolish just to garner votes to get elected.

Candidate Keller saying he would draw from various agencies, departments and programs where large, misappropriated budgets existed to deal with any city deficit sounded fantastic but was not very realistic after the eight years of budget cuts and downsizing of government.

Any candidate for office usually regrets making promises regarding raising taxes to get elected; just ask former President George H.W. Bush when he said “Read my lips, no new taxes!” and lost to Bill Clinton.

Candidate Keller promised and made the commitment to be transparent and he should be just that with his actions, even if it’s reversing a promise he made on taxes.

Being transparent does not mean you look one way and then the other to make sure no one is looking to do something you promised not to do, which is called being sneaky.

Following is the March 19, report published by ABQ Reports:

KELLER SIGNS TAX INCREASE BILL

March 19, 2018
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BY: Dennis Domrzalski

Mayor Tim Keller has broken his campaign promise to put all tax increase proposals to city voters by signing an ordinance to raise the gross receipts tax in the city by three-eights-of-a-cent, or $55 million a year.

Keller signed the bill on March 15, according to the City Council’s website.

The 0.375 percent gross receipts tax would be applied to most goods and services sold in the city and would bring the city’s gross receipts tax rate to 7.875 percent. The tax hike will take effect on July 1.

Keller and city councilors said the tax increase was needed in order to fund a projected $40 million city budget deficit and to help in hiring up to 300 more police officers. The City Council approved the increase by a 8 to 1 vote on March 5.

In early March, Keller told the Albuquerque Journal that he would have to renege on on his campaign promise to take all tax hike proposals to city voters.

“I remember my stance on that, and I want to try and keep that stance and I believe in that stance,” Keller told Journal reporters and editors. But, “it would be fiscally irresponsible for me to say we should wait three years to get funding for law enforcement.”

Keller had said during the mayoral race that he would raise taxes only as a last resort for public safety and only with voter approval.

Paving Paradise And Putting Up A Parking Lot

On February 27, 2017, the City of Albuquerque issued a Request For Proposal (RFP) entitled “City of Albuquerque Skyline Competition for The Tallest Building in New Mexico” for downtown Albuquerque, just nine (9) months before Mayor Berry was to leave office.See here – Albuquerque Skyline Competition RFP.

Then Mayor Richard Berry wanted developers to erect a commercial “iconic and skyline-defining” building of at least 360 feet high in downtown Albuquerque using city owned property that would be sold or leased to a developer who won.

City owned property where the skyscraper was to be built and located was 3rd street and Marquette or 2nd street and Silver.

In addition to the land, Berry wanted the city to offer lucrative tax breaks.

Berry’s’ former Chief of Staff Gilbert Montano at the time said of the development:

“The millions of dollars that this investment could create, spur and develop for our downtown and our city, the Class A office space, the multi-use live work play opportunities that these types of developments can provide also is a tangible benefit that we hope to see created.”

This is what you call a “field of dreams” development of “build it and they shall come.”

Albuquerque, because of its history, and population, is not high rise or skyscraper type of city and anyone who thinks so is sadly mistaken and does not know the city’s history.

COMMERCIAL OCCUPANCY RATES AND RESIDENTIAL RENTAL RATES

There are major problems with downtown occupancy rates with many commercial buildings and store fronts vacant.

Albuquerque has a chronic commercial vacancy rate city wide of 22.8% based on information from CBRE, the largest real estate investment manager in the United States.

The downtown commercial office space vacancy rate is 35% according to local commercial real estate experts.

Rental of “Class A” office space is highly expensive with very few businesses existing in Albuquerque that can afford it.

Private companies who can afford Class A office space usually buy and build to suite and avoid renting office space.

On October 12, 2017, it was reported that the average rental price in Albuquerque, which includes both market-rate and affordable units, increased 3.3 percent over the year, from $799 to $823 in September of this year, with all unit types showing gains. See here.

The market occupancy rate of 95.8 percent was up from 95.4 percent the prior year, which are good numbers.

The numbers come from CBRE Albuquerque’s latest apartment market survey.

CBRE looks at rents at 194 apartment complexes across the city, totaling more than 40,000 units.

The survey said the average market-rate apartment unit in Albuquerque was $843 in September, 2017.

The anticipated rental units in the new “skyscraper” were to be luxury units with starting rental costs starting at between $1,200 to $1,500 per month.

Luxury condos units of 850 to 1,100 square feet, such as those recently completed on Central in Nob Hill, have sale prices of between $275,000 upwards of $350,000 for the units, raising the prospects of limited affordability by many.

A SYMPHONY OF VERY SOUR NOTES

On September 27, 2017, the winner of the “skyscraper contest” was selected and the proposed building design winner was “The Symphony Tower” by Geltomore, LLC.

The “Symphony Tower” was to be constructed at 4th and Marquette, and it would include office space, a hotel and condos. (See photo of artist rendering below.)

The “Symphony Tower” would have stood 34 stories tall and the idea was for the city to demolish the current City Hall and police station to be rebuilt later.

The magnitude of the project left concerns about downtown parking availability in that the “Symphony Tower” was to be the tallest building in Downtown Albuquerque.

Plans for the Symphony Tower were nearly approved.

In November, 2017, the Albuquerque Development Commission delayed approval of the project until the new Mayor was elected and sworn in on December 1, 2017.

On March 16, 2018, Mayor Tim Keller announced that the city would be scrapping the entire project.See here.

In announcing his decision to scrap the project, Keller said “I don’t think it’s important to have a tallest building. I think we need to use a metric that matters. We want something that actually helps rejuvenate and re-energize downtown in all sorts of ways.”

What Mayor Keller wants to do is determine what kind of development would bring people to downtown on weeknights and weekends.

Keller also went on to say:

“I think it’s important just for the public to know that just because it’s called the ‘Symphony Tower,’ it has nothing to do with the symphony or a performing arts center. … Usually when the taxpayers put in a lot of money, they get a public amenity in return. Whether it’s a performing arts center or something like that… and that connection wasn’t in [the Symphony Tower] proposal.”

Mayor Keller also said that for all the tax breaks the developer wanted, the development didn’t make any sense for city taxpayers.

The Keller Administration intends to issue another Request For Proposal (RFP) that will include the lot at Silver and 2nd the city owns.

The Keller Administration needs to consider making sure the RFP calls for designs of buildings in downtown Albuquerque that reflect the character or true history of downtown, especially if built on historic Route 66 Central Avenue.

A suggestion is to have architects and developers look at Albuquerque’s past and historic buildings that have been torn down for inspiration.

The Pete V. Domenici United States Courthouse in Albuquerque, New Mexico, on Lomas and built in 1998 is an excellent example of capturing New Mexico architecture. (See photo below)

REMEMBERING MISTAKES OF THE PAST

When I saw the news story that the plans for the 360 foot “skyscraper” the Symphony had been scrapped, I had a flashback to the Albuquerque I grew up in.

The architectural design of the Symphony building was not a reflection of Albuquerque in any way of what makes this city so unique.

I vividly recall the Franciscan Hotel that was at the corner of 6th and Central. (See photo below)

Across the street on the opposite corner from the hotel was H Cook Sporting store and I remember the rifle sign which was so very 40’s and 50’s.

I went to grade school at St. Mary’s a few blocks away and had a classmate whose father was the manager of the hotel and his family lived in a Hotel apartment.

The Franciscan Hotel was torn down in 1972, two years after I graduated from Del Norte High School, and there has been a parking lot there ever since where the hotel once stood.

Albuquerque has a very bad habit of destroying iconic structures, such as the Franciscan Hotel, the historic Alvarado Hotel and the Civic Auditorium, without making any effort to preserve them.

The ART Bus project with its futuristic canopy design bus platforms down the center of Central also fails to capture and reflect the historic significance of Route 66.

During a federal court hearing on March 15, 2018, regarding the APD consent decree, new Mayor Tim Keller appeared before Federal Judge Robert C. Brack who drove in early from Las Cruces with his law clerks.

The court hearing was held in the “ceremonial courtroom” of the old federal courthouse on Gold Street which was built in 1930 and restored years later in the 1980s and has been maintained because of its historical significance. (See photo below)

Both Federal Judge Brack and Mayor Keller opened their remarks by swooning and admiring the beauty and historical significance of the courtroom

From the bench, Judge Brake announced he brought his law clerks in early so they could take a tour of the old courthouse.

Albuquerque was indeed very lucky when the decision was made to keep and maintain the old federal courthouse on Gold Street instead of tearing it down when the new federal courthouse on Lomas was built.

Mayor Keller was born and raised in Albuquerque, but at age 40, is way to young to remember the Albuquerque I grew up in.

Notwithstanding his age, Mayor Keller’s comments about the old federal courthouse reflect he has real appreciation for Albuquerque’s history, far more than more than one of his predecessors could ever of had or even imagined when they were Mayor and who allowed such iconic buildings to be torn down.

Mayor Keller and the City did the absolute right thing to scrap the skyscraper.

CONCLUSION

When it comes to downtown Albuquerque, the lyrics of Joni Mitchell song need to be remembered:

They paved paradise
Put up a parking lot
With a pink hotel, a boutique
And a swinging hot SPOT

Don’t it always seem to go
That you don’t know what you’ve got ’til it’s gone?
They paved paradise
Put up a parking lot

Artist rendering of proposed “Symphony Skyscraper” at Third and Marquette
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HOTEL FRANCISCAN TORN DOWN 1972
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Photo of the old Federal Building and US Courthouse in Albuquerque, New Mexico, USA, built in 1930:
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Photo of the Pete V. Domenici United States Courthouse in Albuquerque, New Mexico built in 1998:
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APD’s New Theme Song: “Changes In Attitude, Changes In Latitude”

“It’s those changes in latitudes,
Changes in attitudes nothing remains the same.
With all of our running and all of our cunning,
If we couldn’t laugh, we would all go insane”

By Jimmy Buffet

Attending the March 15, 2018 status conference on the Federal Monitor’s most recent report on the Department of Justice (DOJ) consent decree and the reform process, the lyrics of Jimmy Buffet’s hit kept running through my mind especially the line “If we couldn’t laugh, we would all go insane”.

The hearing lasted for five (5) hours, and all the running and all of the cunning of the prior administration made it clear why very little progress was made with the DOJ reform process.

The March 15, 2018 status conference was in very sharp contrast to the one held last November, 2017 where Federal Judge Brack eviscerated and admonished the former Administration and the former City Attorney for secretly recording the Federal Monitor in order to show biasness and have him removed as the monitor.

Attorney Steven Robert Allen, the policy director for the ACLU of New Mexico addressed the sharp contrast between the “Old APD” and the “New APD” when he said:

“It seems like night and day, after three years of them playing games with us. … It finally seems like the adults are in the room.”

All the parties and members of the public spoke of hope and optimism.

The March 15, 2018 hearing DOJ hearing was the first ever attended by any Mayor with Tim Keller appearing along with new Senior Public Safety Officer James B. Lewis, new interim Chief Michael Geier and new City Attorney Esteban Aguilar, Jr.

What was revealed for the first time is that Mayor Tim Keller reached out back in December and had meeting with the parties and the federal judge.

Federal Judge Robert Brack said he was so impressed with the new administration’s commitment to the reform process that he decided to keep the case after he goes on Senior Status in November and not give it to another federal judge.

What Keller told Brack is that he campaigned on the reform issue, that he owned it and that he will be judged by the progress APD makes or doesn’t make during his term in office.

Three major changes to the DOJ consent decree were discussed during the March 15, 2018 hearing:

1. A compliance bureau has now been established within APD, something Federal Monitor James Ginger has recommended from day one and that was totally opposed to and resisted by the prior administration.

APD has now completed a compliance plan, and created a compliance bureau for the reform process.

Compliance plans and bureaus have been absolutely critical to all the successful police reform efforts in other police departments dealing with consent decrees, which there are nine cities in the country under consent decrees.

The old APD command staff failed to develop the most basic of compliance plans on implementing the DOJ settlement agreement and for that reason, the new command staff needs an intense amount of technical assistance and personnel to help implementation.

2. The new “use of force” policy to streamline the investigative process was elaborated on.

Previously for any use of force instance, no matter the level of force used, a complete and full investigation that included separating arresting officers for interviews and identifying and interviewing of witnesses was required, all of which was labor intensive and time consuming.

There are three levels of use of force instances defined:

Level 1 use-of- force instances are defined as force that does not result in an injury and “that is likely to cause only transitory pain, disorientation, or discomfort.”

In other words, a level one “use of force” does not involve the infliction of bodily harm or injuries that may be sustained.

A Level 2 use-of-force instance could include striking or kicking a criminal suspect.

A Level 3 use-of-force would include using an electronic control weapon (TAZER) against a handcuffed criminal suspect or during a police shooting.

Under the agreed to changes, APD Sergeants will do a review, and not a complete investigation, of “Level 1” use of force instances.

One of the major arguments made to justify the changes was that sergeants were required to spend hours being part of an investigation of any and all types use-of-force case.

The changes should free up patrol officers to respond to calls for service.

Under the new policy, a supervisor, usually a sargeant, will review the officer’s lapel camera on scene, which police can do using their cellphones.

Within 72 hours of the incident, the supervisor is required to review police reports, documents, on-body camera footage and any other evidence involved with the use of force incident and then write an evaluation on whether policies were followed.

The final report is then required to be sent further up the chain of command.

Final evaluation reports will be filed with a separate bureau that is tasked with ensuring Albuquerque police are following the requirements of the settlement agreement and constitutional policing practices.

3. The Federal Monitor will suspend preparing six month reports until November of this year and he will provide “technical assistance” to APD as opposed to performing audits and gathering data.

Instead of preparing another 500 page audit report, Federal Monitor James Ginger will focus over the next six months to help APD build the procedural infrastructure to be able to comply with the reforms.

Federal Monitor Ginger won’t be issuing a seventh progress report in May but instead issue tow “mini-reports”, one in May and on in August.

“For two years we gave them technical assistance, but it wasn’t accepted or used,” Ginger told Brack.

CONCLUSION

For more on the three levels of use of force see following blog article:

Streamlining APD Use Of Force Investigations

Boxing Match Between Mayor Keller And Albuquerque Journal

The traditional time considered a “honeymoon” period with the media and any new Mayoral administration is six months, unless you’re a Democrat and dealing with the Albuquerque Journal engaged in a boxing match.

New Mayors need at least six months’ time to complete a transition, hire their staff and make appointments and prepare a budget that is required to be submitted every April 1 for the upcoming fiscal year.

Democrat Mayor Tim Keller had only two weeks from the day he was elected in the runoff to the day he was sworn in on December 1, 2017 for his transition but had to hit the ground running.

The first six months of any elected officials term usually sets the tone and the direction for the entire remainder of the term and the people appointed help the Mayor set the trajectory for the entire term.

The media knows full well the importance of their role in making sure they report accurately without bias what is going on with any new administration.

In politics, way too often, the relationship between an elected official and the media is like a boxing match that lasts for the entire term, especially when you’re a Democrat dealing with the Republican leaning Albuquerque Journal.

Less than four (4) months into the four-year Keller Administration, Mayor Tim Keller has won one (1) round with a positive editorial on his decisions and the Albuquerque Journal has won six (6) rounds with negative editorials on his decisions and administration.

ROUND ONE WIN BY THE ALBUQUERQUE JOURNAL

On December 1, 2017, the very day Mayor Keller was sworn into office, the Albuquerque Journal did a backhanded editorial congratulating him on his first day on the job and welcoming to his new office.

The editorial headline read “Welcome, mayor Keller; Now the hard part begins”.

The December 1, 2017 editorial stated in part as follows:

“Keller’s appointment of Oriana Sandoval, chief executive officer at the Center for Civic Policy, to a newly created position of “deputy city attorney” to focus on immigrant rights protection, refugee affairs, environmental justice and civil rights, is baffling. In every recent poll, Albuquerqueans have overwhelmingly called crime the major concern facing the city – not refugees or environmental justice. It’s unfortunate that one of the new mayor’s very first hires bolsters concerns raised by his opponents – that he would focus on a national progressive agenda vs. addressing local concern.”

In case anyone missed that, the Albuquerque Journal showed its card when it said “he would focus on a national progressive agenda vs. addressing local concern”.

The truth is, the appointment of one deputy city attorney, an interim one at that, did not mean a national progressive agenda as the Journal implied seeing as that the City Attorney’s office employs upwards of 35 attorneys.

Further, the new city attorney was not selected until recently, and even then the Journal had a problem with the selection as will be pointed out later in this article.

The Albuquerque Journal editors had no objections to the former Republican Mayor pursuing a hard right agenda of supporting “right to work” laws, opposing any increases in the minimum wage, refusing to enforce the city’s minimum wage ordinance, opposing the mandatory sick leave ordinance, being at impasse with all the city unions, reducing the size of city government at the expense of public safety, opposing any and all tax increases, opposing sanctuary city policies, not to mention supporting the “late term abortion” initiative that interfere with a woman’s right to choose.

ROUND TWO WIN BY THE ALBUQUERQUE JOURNAL

On January 8, 2018, the Journal won the second round of the boxing match with Keller.

On January 8, 2018, the Albuquerque Journal published its first negative editorial against Keller when Mayor Keller issued an executive order to cancel the proposed $39 million garbage transfer station at Edith and Comanche.

The editorial headline was “Why did Keller send $4 million in garbage fees to dump?”

https://www.abqjournal.com/1116148/why-did-keller-send-4m-in-garbage-fees-to-dump.html

Since day one, and throughout the development process, the garbage transfer station was very controversial with loud protests from area residents worried about traffic, noise and their property values.

The Journal noted the city council in 2014 had enacted a $2 rate increase on an 8-0 vote with one councilor absent.

The garbage transfer station was promoted by the previous Republican administration as a way to reduce the city Solid Waste’s Department carbon footprint and save the city between $2.5 million and $4.5.

Democrat Keller cancelled the transfer station, saying that permits would not be issued and that it was an example of “top-down government”.

An example of top-down government is the ART Bus project.

Keller also said the millions spent on planning and development costs for the proposed transfer station would not go to waste and that they were still “an investment that’s going to continue to provide a return” promising that a new location would be found.

The problem is, Keller offered no alternative site, has yet to do so, and that will delay the construction of the transfer station which is needed.

The Journal totally disagreed and said a new site was nearly totally impossible to find because of objections from any surrounding property owners and the “not on my backyard” attitude.

The Journal boldly opined that “new Mayor Tim Keller sent around $4 million in customers’ rates to the dump instead”.

ROUND THREE WIN BY THE ALBUQERUQUE JOURNAL

On February 1, 2018, the Albuquerque Journal won the third round against Keller when it published its editorial entitled “City deal smells like politics”.

https://www.abqjournal.com/1127236/city-deal-smells-like-politics.html

The Journal editorial said in part:

“The $8 million settlement reached between Mayor Tim Keller’s administration and the Albuquerque firefighters union may be on the up and up. The administration says it was the best way to settle a longstanding dispute.
But on the surface, one could wonder whether it was, in fact, a generous reward for the union’s ardent support of Keller during his mayoral campaign.
The settlement stems from a year’s long lawsuit filed after city officials under then-[Republican] Mayor Richard Berry decided in 2010 to cut almost all employee salaries, including police and firefighters, due to a budget crisis.”

What the Journal editors failed to point out is that settlement negotiations were a very common practice used by the previous Republican administration to avoid going to trial when they settled case, after case, after case in police misconduct cases and dished out $62 million in negotiated settlements, some at $5 to $8 million at a time, to the families with relatives killed by police officers with the relatives filing wrongful death actions in Federal Court for “deadly use of force” and civil rights violations.

The Journal had no problem with a Republican Administration settling disputed cases for amounts that many thought were excessive.

The Journal questions a Democrat Administration settling a disputed case because of union support in an election calling the settlement “a generous reward for the union’s ardent support” even though it “may be on the up and up”.

City Risk management and city fund payouts must be screened and approved by the city Risk Management Committee and no Mayor has the authority to settle a case and order a check be issued based on political considerations nor as “a generous reward for political support.”

The Journal editors made no accusations against the past Republican administration of “a deal smelling like politics” or that a settlement was “a generous reward” with any of the settlements they agreed and entered into.

The Journal editors did not object when former City Attorney and Chief Administrative Officer Rob Perry was sitting on the Risk Management Committee giving him authority over settling city cases with plaintiff attorney’s he knew and worked with in the past and who donated and supported the Republican Mayor when he ran.

ROUND FOUR WIN BY MAYOR TIM KELLER

On March 3, 2018, Mayor Keller won his first round, and thus far the only round, of the boxing match with the Journal editors with his appointment of former New Mexico Treasurer James Lewis as the “Senior Public Safety Advisor”.

https://www.abqjournal.com/1140809/lewis-data-community-policing-what-apd-needs.html

The Journal editorial was entitled “Lewis, data, community policing what APD needs” and the editorial was one of the most glowing editorials seen in a very long time.

The editorial starts by first quoting James B. Lewis as follows:

“… We need to get the police back into the community, and we’ve got to get the community back into policing, they’ve got to be the eyes and the ears; they’ve got to be aware of what’s going on.”
– James Lewis, city’s senior adviser for public safety

The editorial continues in part:
“It’s not surprising former state Treasurer James Lewis would allow himself to be drafted out of retirement by new Albuquerque Mayor Tim Keller. Nor is it surprising he would be tasked with helping to rebuild trust between the Albuquerque Police Department and the community it serves as the city’s new senior adviser for public safety.
Lewis has a reputation as someone capable of stepping into difficult situations and getting things back on track. He did it as state treasurer on two separate occasions.
… [W]e have no doubt Lewis is up to the task, given what he has been able to accomplish in the past. …”

The editorial was more of a positive editorial on James B. Lewis recognizing his distinguished service career as opposed to Keller, but Keller wins the round because James B. Lewis was appointed by the Mayor after Lewis served on Mayor Keller’s transition team.

Surprisingly, the Journal did not say Keller appointed Lewis to the position as a payoff for Lewis’ support during the Mayoral election and working on the transition team.

However, the Journal editorial did point out Lewis was being paid $72,000 a year when that was not included in the original Journal story announcing the appointment.

ROUND FIVE WIN BY ALBUQUERQUE JOURNAL

Mayor Keller did the traditional Mayoral trek that all newly elected Mayors do, along with his Chief Administrative Office and Chief Financial Officer, to personally meet with the Journal editors in their conference room with the Journal no doubt recording the meeting, to discuss the upcoming city budget, city finances, and the $40 million-dollar projected city deficit for next year.

Such meetings with the Journal editors are a rite of passage for newly elected Mayors and are to be expected and should be encouraged.

Apparently, the editors were not impressed given the follow up editorial they published.

On March 4, 2018, the Albuquerque Journal won the third round of the match against Keller with its editorial entitled “Tax increase may be needed, but voters should decide” and said in part:

“We don’t envy Mayor Tim Keller or members of the Albuquerque City Council who must figure out how to plug a projected $40 million deficit in next fiscal year’s budget.”

“So, sure, the city needs revenue. But simply imposing the tax – without voter approval – is the wrong move. Especially if a special election can be held in a timely fashion.”
“[T]his proposed city tax increase will bring in far more revenue than the city is losing [from repeal of the hold harmless provision].”
“… Pushing a tax hike through without voter approval may be the most expedient solution, but it’s the wrong move – particularly given Keller’s repeated pledges on the campaign trail that voters would have final say on any tax increase. … [I]f the mayor and council believe this tax is the only way to address the city’s financial woes and the APD’s officer shortage, they should make their case to the voters and let them decide. Failing to go that route creates a credibility deficit for Keller, and that’s no way for him to begin his term as mayor.”

https://www.abqjournal.com/1141025/40-million-question.html

The Journal editors want the city to hold a special election that would have to be a mail in ballot election and that would cost upwards of $500,000, money that would have to be taken out of the general fund and no doubt from essential services.

The Journal’s position on submitting a tax increase for voter approval is somewhat disingenuous seeing as that tax increases are rarely put on the ballot and left to the city council and yet the Journal did not feel that the ART Bus project should have been put on the ballot, when it is customary to put such capital improvement projects on the ballot.

Further, the city council not enacting the tax before April 1, 2018 meant that the tax could not be collected until January 1, 2019 and the budget that starts July 1, 2018 would have to be enacted on speculation and hopes that the voters would approve a tax increase.

Keller was asked by the Journal editors during the meeting about his campaign promise not to raise taxes without a public vote.

The Journal editors were at least courteous enough to give Keller an opportunity to give his rationale for his reversal.

Of his promise of no tax increase without a vote, Keller told the Journal editors:

“I remember my stance on that, and I want to try and keep that stance, and I believe in that stance,” but “it would be fiscally irresponsible for me to say we should wait three years to get funding for law enforcement” with Keller calling the proposed tax hike the “least worst option.”

The Keller Administration is proposing an $88 million dollar APD expansion program to hire 250 more police officers which in no way can be done without a tax increase and take care of a $40 million deficit at the same time.

Keller’s meeting with the Journal editors and what he said apparently accomplished little next to nothing considering they accused him of creating a “credibility deficit” by not having a public vote and the tax increase.

The Albuquerque Journal accusing Keller of creating a credibility deficit is difficult to accept given what they allowed for eight years from the previous Republican administration.

The Albuquerque Journal never challenge the credibility of the previous Republican administration for the repeated lies they engaged in, especially when it came to the ART Bus project, the deficits and cutbacks in city services.

The Albuquerque Journal also allowed the previous Republican Mayor to proclaim on its front page that his administration was a “hallmark of fiscal responsibility” without challenging that claim.

The September 25, 2017 Journal headline actually proclaimed “A hallmark of fiscal responsibility”.

On September 25, 2017, in his final Mayor State of the City speech, Republican Mayor RJ Berry proclaimed “the state of our city is strong,” and said Albuquerque’s next mayor will “inherit an efficient city government that is living within its means, a growing economy and close to $1.2 billion in infrastructure projects that have been built or are in the pipeline”.

The truth is the previous administration left Keller with a $6 million-dollar deficit for the current fiscal year and left Keller with a $40 million deficit which the Albuquerque Journal expects Keller to clean up, so long as there is a tax increase with voter approval.

ROUND SIX WIN BY THE ALBUQUERQUE JOURNAL

On March 13, 2018, the Journal won a fifth round against Keller for recruiting and selecting his own City Attorney outside the application process with the editorial headline “Why did Keller sidestep the process for city attorney?”

https://www.abqjournal.com/1144856/why-did-keller-sidestep-the-process-for-city-attorney.html

In 2009, a city charter provision was enacted requiring an open and competitive hiring process to fill the positions of city attorney and requiring city council approval of the appointments.

The city attorney position was in fact advertised and the city received 19 applications before the closing date of November 29, 2017 to apply.

Eight (8) years ago, there were over 90 applications for city attorney.

The problem is that the Keller Administration reach out in February, 2018 to someone who had not applied for the position and hired that person instead, and the appearance looked terrible with Keller’s commitment to transparency and accountability taking a hit.

The Journal opined:

“It’s unfortunate that the process to select … [the new city attorney] … was fraught with irregularities, and it sets a high bar for him and the administration to overcome to restore public trust.”

The editorial pointed out the names of two other city attorney applicants, including one former city councilor and a UNM general counsel, implying they were more qualified than the attorney selected because the applicants had extensive government experience.

The Journal editorial went so far as making a backhanded reference to the fact that the selected city attorney went to UNM law school at the same time as Keller’s Chief Administrative Officer.

The “victory dance” in the ring by the Journal against Keller on the City Attorney appointment was quoting City Councilor Brad Winter at the end questioning whether the selection process was “truly open and competitive.”

The Journal noted that the city attorney also represents the city council and that the council will have to approve the appointment with a super majority of six city councilors required as if encouraging city councilors to reject the appointment, no doubt on party lines, on a 5-4 vote.

ROUND SEVEN WIN BY THE ALBUQUERQUE JOURNAL

The TV media reported that the City’s Inspector General did an investigation and found that between 2014 and 2016 more than 300,000 gallons of wastewater contaminated with oil, grease, brake and transmission fluids and cleaning products were emptied into the city’s storm drains at the city’s westside transit facility in violation of numerous federal safety and environmental regulations and having the likely danger of contaminating our drinking water.

The contaminated water was dumped into the storm drains on weekends to avoid detection on order of a supervisor because a hose was not long enough to reach the tank where the contaminated water is supposed to be stored.

The name of the supervisor, and others involved, have not been released and the Keller administration is saying those involved are in the disciplinary process, which is confidential, until a final decision is made.

On March 15, 2018 and on cue, the Albuquerque Journal published its editorial “ABQ needs to come clean on its dirty water story” and opined in the last sentence as follows:

“The alleged misconduct occurred during the prior administration. But the new Mayor Tim Keller administration — which has pledged transparency –needs to come clean on the dirty water story. That’s a way to send a message to the public and to employees that this kind of conduct won’t be tolerated”.

https://www.abqjournal.com/1146280/abq-needs-to-come-clean-on-its-dirty-water-story.html

Interesting that the Journal declined use the Republican Mayor Berry Administration by name but specifically.

The Journal called out Mayor Keller to be transparent implying his administration will not be and that it would not do anything to show the kind of conduct would not be tolerated.

NO JOURNAL EDITORIALS ON REPUBLICAN APPOINTMENTS

For eight years, the Albuquerque Journal made no comment with the appointments of political Republican operatives by the former Republican Mayor.

I do not recall a single editorial on any of the appointments made by the previous Republican administration, even when Republican operatives like Darren White was appointed Chief Public Safety Officer and Rob Perry was appointed City Attorney and then Chief Administrative Officer.

Other well know Republican operatives with ties to Republican Governor Susana Martinez were also appointed as Department heads.

The Journal said nothing when Democrat David Campbell was appointed Chief Administrative Officer nor when he stepped down after less than a year with rumors of having been squeezed out by Republican operatives Darren White and Rob Perry.

Then there was the farce of selecting Republican operative Gordon Eden as APD Chief after a so called national search with Rob Perry in charge of the selection process.

Eden was selected Chief of Police, even though he had absolutely no prior experience in managing a municipal police department and even though such experience was specifically called for in the job description as well as the posting for the position.

Eden was hired over numerous other applicants that included Deputy Chiefs from other major cities.

The Albuquerque Journal editors made no accusation that the fix was in with the Gordon Eden appointment even though he was a political operative who served as the Public Safety Cabinet Secretary under Republican Governor Martinez and with Chief Administrative Officer Rob Perry having close contacts with Jay Mc Clusky, the Governor’s go to guy for appointments.

CONCLUSION

In politics, you must always pay attention as an elected official when it comes to the news media and presume you will not be treated the same way as your Republican predecessor when you’re a Democrat being reported on by a Republican leaning newspaper.

Soon after taking office, a front-page color photo of Mayor Keller holding his old high school football helmet was published to accompany a flattering introductory story of the new Mayor.

Mayor Keller made an analogy of how taking head hits in football are like taking hits in politics.

Not really in that politics is more like a boxing match between two adversaries.

Mayor Keller is quickly gaining the reputation as an athlete who likes to participate in sports such as soccer, rugby, running in exhibition track meets and playing in exhibition football games as the quarterback.

After close to four months in office, Mayor Keller is probably discovering he is in a boxing match with the Albuquerque Journal and he cannot wear a football helmet to the match to avoid injuries to his approval ratings.

Mayor Keller needs to keep his guard up when dealing with the media and before he is knocked unconscious by the Albuquerque Journal.

Keller needs to start connecting with a few punches of his own on the delivery of all of his promises, especially when it comes to the Albuquerque Police Department and bringing down our high crime rates.

It’s going to be a long four-year boxing match to watch with many rounds ahead to be won or lost.

Stay tuned for Round 8 in the Duke City.

Stolen Cars Only Tip Of Iceberg For A Violent City

On March 11, 2018 Albuquerque Journal did a front-page story entitled “STOLEN CARS fuel ABQ crime wave; Police: Crooks frequently use stolen vehicles for crimes ranging from armed robbery to drive-by shootings”.

https://www.abqjournal.com/1144655/stolen-cars-fuel-an-albuquerque-crime-wave.html

Since 2013, Albuquerque has seen more than a three-fold increase in auto theft along with climbing rates of armed robbery, larceny and burglary.

In 2013, a total of 2,743 auto thefts reported.

Last year, that number was 7,684, which was slightly down from 2016 when 7,710 vehicles were stolen.

In 2016 more than 10,000 vehicles were stolen in Albuquerque and Bernalillo County combined or more than 27 vehicles a day.

The APD auto theft unit has less than 10 assigned detectives with each having well over 100 open cases.

RISING CRIME STATISTICS

Violent felons using stolen vehicles for armed robbery to drive-by shootings is really not news and has been going on for years in a city that is as violent as Albuquerque.

In 2017, violent crime rose by 18% over the previous year.

Since 2012, violent crime has dramatically increased in Albuquerque by 77%.

The dramatic increase in in violent crime in 2017 was still significantly less than “nonfatal shootings” which increased by a whopping 148%.

According to APD statistics released for 2017, homicides increased by 23%, robberies increase by 43%, rapes increased by 21% and aggravated assaults increased 4.2%.

The dramatic increase in crime in 2017 followed a 15.5 percent increase in violent crime in 2016.

In 2016, Albuquerque had a 13.3% increase property crime.

During the last six years, or since 2012, Albuquerque’s crime rates have steadily increased.

In June, 2017, the National Insurance Crime Bureau named Albuquerque “the auto theft capital of the nation.”

High crime rates, public safety and the Albuquerque Police Department were the biggest issues debated in the 2017 Mayor’s race.

Albuquerque’s steady dramatic increase in crime rates corresponds to the decrease in the size of the Albuquerque Police Department (APD) over the last eight (8) years.

In 2010, APD was fully staffed and funded for 1,100 sworn police officers.

In 2018, APD is budgeted for 1,000 officers but has only 845 full-time, sworn personnel.

The most dramatic figures in the 2017 crime statistics are for robberies, which increased by 43.6%, and nonfatal shootings, which were up by 148 percent.

Albuquerque’s crime rates have steadily increase each year for the last eight (8) years.

APD HOMICIDE INVESTIGATION UNIT OVERWHELMED

On December 28, 2017 Albuquerque reached a record high of 75 murders in one year.

(December 28, 2017 Albuquerque Journal, page A-1, “The city has reached 75 homicides with decomposed body, police say”)

The record high was originally 70 murders in the year 1996.

Currently, there are only five homicide detectives, with three in training, and a sergeant, that are currently investing the 75 murders.

APD’s homicide clearance rate has usually been in the 80% and it is now only 59%.

APD’s Homicide Detective Unit is overwhelmed by the caseload and needs immediate help and resources.

The Homicide Investigation Unit needs to be at least 15 detectives.

APD is in a crisis mode and it needs to concentrate on recruiting seasoned homicide detectives from other departments if necessary.

At the very least, APD needs to ask for temporary assignment of personnel from other agencies such as the Bernalillo County Sheriff’s Department or the State Police to help clear out the cases.

The longer a homicide case takes to complete an investigation or is neglected because of lack of personnel, the less likely the cases will be solved.

Adding to the crisis is the emotional toll an unsolved murder takes on the families of the victims.

FELONY VIOLENT CRIME STATISTICS

According to Albuquerque Police Department (APD) statistics, the total number of violent crimes in Albuquerque dipped two years and then steadily increased as follows:

2010 – 4,291
2011 – 4,207
2012 – 4,151
2013 – 4,323
2014 – 4,934
2015 – 5,409

According to the Bernalillo County District Attorney’s Office, from 2009 to 2015, Albuquerque’s violent crime rate increased by 21.5%.

Murders spiked in Albuquerque by over 50% from 30 murders in 2014 to 46 murders in 2015.

According to Federal Bureau of Investigation (FBI) statistics, in the last eight (8) years, Albuquerque has become the is fifth-most violent city in the country on a per capita basis while the nation’s violent crime rate dropped by 13.7%.

FELONY PROPERTY CRIME

Albuquerque has become number one in the nation for auto thefts.

The National Insurance Crime Bureau’s latest Hot Spots report shows Albuquerque and of Bernalillo County as the worst place in the nation when it comes to auto theft per capita.

In 2016 more than 10,000 vehicles were stolen in Albuquerque and Bernalillo County or more than 27 vehicles a day.

According to Albuquerque Police Department (APD) statistics, the total number of property crimes in Albuquerque has steadily increased each year during the last six (6) years as follows:

2010 – 26,493
2011 – 28,109
2012 – 29,804
2013 – 30,614
2014 – 30,523
2015 – 34,082

In 2015, APD made 9,049 felony arrests, 22,639 misdemeanor arrests, 2,213 DWI arrests, and 2,552 domestic violence arrests.

In 2016, APD made 8,744 felony arrests, 19,857 misdemeanor arrests, 1,070 DWI arrests, and 2,462 domestic violence arrests.

In 2016, field service officers responded to 546,550 calls for service with a priority 1 response time of 11 minutes, 35 seconds which is approximately two minutes over the national standard.

(Source: 2017-2018 City of Albuquerque Proposed budget)

CRIME WAVE INCLUDES MISDEMEANOR CASES

The Bernalillo County District Attorney Office has a misdemeanor division with approximately 25 Assistant District Attorney’s assigned to the division who are responsible for prosecuting cases that mandate a court record.

In 2009, there were 746 people arraigned for felony DWI and that number dropped to a mere 104 in 2015.

In 2008, there were 6,538 people arraigned for misdemeanor DWI and in 2015 that number dropped by close to 60% to 2,942.

In 2010, the APD traffic unit had more than 34 officers and today there are less than 12.

APD SWORN OFFICER DEFICIENCY

The steady increases in our crime rates coincide with the steady decrease in size of the Albuquerque Police Department.

APD is so severely understaffed it cannot complete felony investigations and get the cases over to the District Attorney for successful prosecution.

Eight (8) years ago, the Albuquerque Police Department (APD) was the best trained, best equipped, best funded department in its history and fully staffed with 1,100 sworn police officers.

In 2010, APD response times had been brought down below the national average and crime rates were hitting historical lows.

In eight (8) years, APD went from 1,100 sworn police to 853 sworn police.

From 2010 to 2014, the city council fully funded 1,100 positions despite the mass exodus of sworn police and the APD Police Academy’s failure to recruit and keep up with retirements.

Three years ago, the City Council voted to reduce funding from 1,100 sworn officers to 1,000 sworn officers because of the Berry Administration’s failure to recruit and keep up with retirements.

In 2017, response times went to historical highs with calls to APD taking hours instead of minutes to respond threatening public safety.

In 2017, APD was funded for 1,000 sworn officers but had only 853 sworn police officers.

Funding for the unfilled positions has gone to pay police overtime.

Last year, APD busted its overtime budget by $4 million dollars and it went from $9 million budgeted to $13 million spent in overtime.

In 2016, field service officers responded to 546,550 calls for service with a priority 1 response time of 11 minutes, 35 seconds which is approximately two minutes over the national standard.

Of the 853 sworn police 436 are assigned to field services, resulting in 417 sworn police officers assigned to the various specialized felony units and command staff.

Given the volume of felony arrests and cases, APD is severely understaffed to complete felony investigations.

A December 11, 2015 Albuquerque Police Department Comprehensive Staffing Assessment and Resource Study concluded that APD needs at least 1,000 sworn officers.

CONCLUSION

The Keller Administration is proposing to spend $88 million dollars, over a four-year period, with 32 million dollars of recurring expenditures to expand and grow the ranks of APD.

The goal is to hire and expand APD from 850 sworn police officers to 1,200 officers by implementing a hiring and recruitment program that offer incentives, pay raises and bonuses to join or return to APD in order to return to community-based policing in the hopes of bringing down crime rates.

At this point in time, the number one priority should be addressing and rebuilding APD rank and file.

Until APD is fully staffed, Albuquerque can expect more stolen cars used to commit violent crimes.

Streamlining APD Use Of Force Investigations

The City of Albuquerque, the Albuquerque Police Department (APD), the Department of Justice (DOJ) and the Federal Monitor overseeing the consent decree and the reform efforts entered into a negotiated stipulated agreement that makes changes to the DOJ consent decree and modifies how police use of force cases will be investigated.

The changes were outlined in a document filed with the Federal Court last week.

The agree to changes creates a specialized unit to investigate and scrutinize officers who strike or kick people or use more serious levels of force.

The specialize unit will concentrate on expediting the review of use of force cases.

PAST FEDERAL MONITOR REPORTS

Investigations of use of force and excessive force by command staff have been the biggest source of problems with APD command staff that has resulted in severe criticism of APD by the Federal Monitor in his reports to the Federal Judge.

The July 1, 2016 federal monitor’s third report states “Across the board … the components in APD’s system for overseeing and holding officers accountable for the use of force, for the most part, has failed … the serious deficiencies revealed point to a deeply-rooted systemic problem. … The deficiencies, in part, indicate a culture [of] low accountability is at work within APD, particularly in chain-of-command reviews. …”

The November 1, 2016 fourth federal monitor’s report states that when “excessive use of force” incidents are investigated by the APD Critical Incident Team, it “[deploys] carefully worded excuses, apparently designed not to find fault with officer actions” and “[uses] language and terminology apparently designed to absolve officers and supervisors of their responsibility to follow certain CASA (Court Approved Settlement Agreement) related provisions.

THREE LEVEL CLASSIFICATIONS FOR USE OF FORCE

The changes outlined include a three-level classification system for use of force and clarifying how police officers would respond to each level of use of force.

Previously for any use of force instance, no matter the level of force used, a complete and full investigation that included separating arresting officers for interviews and identifying and interviewing for witnesses was required, all of which was labor intensive and time consuming.

There are three levels of use of force instances defined.

Level 1 “use of force” instances are defined as force that does not result in an injury and “that is likely to cause only transitory pain, disorientation, or discomfort.”

In other words, a level one “use of force” does not involve the infliction of bodily harm or injuries that may be sustained.

A Level 2 use-of-force instance could include striking or kicking a criminal suspect.

A Level 3 use-of-force would include using an electronic control weapon (TAZER) against a handcuffed criminal suspect or during a police shooting.

Under the agreed to changes, APD Sergeants will do a review, and not a complete investigation, of “Level 1” use of force instances.

One of the major arguments made to justify the changes was that sergeants were required to spend hours being part of an investigation of any and all types use-of-force case.

The changes should free up patrol officers to respond to calls for service.

Under the new policy, a supervisor, usually a sargeant, will review the officer’s lapel camera on scene, which police can do using their cellphones.

Within 72 hours of the incident, the supervisor is required to review police reports, documents, on-body camera footage and any other evidence involved with the use of force incident and then write an evaluation on whether policies were followed.

The final report is then required to be sent further up the chain of command.

Final evaluation reports will be filed with a separate bureau that is tasked with ensuring Albuquerque police are following the requirements of the settlement agreement and constitutional policing practices.

FORCE INVESTIGATION SECTION

If more serious force is used, including if officers strike or kick people that may or could result in physical injury, the investigation will be turned over to the APD “Force Investigative Section” already set up under the consent decree.

According to the court pleading, the Force Investigation Section:

“… will conduct investigations in a rigorous manner, evaluate all evidence, determine whether the force was consistent with APD policy, and identify any policy, training, tactical or equipment concerns. … Having all Level 2 and Level 3 force investigated by a centralized unit will ensure uniformity and promote greater consistency in investigations, addressing long-standing concerns with variability in the quality of force investigations at APD.”

According to the court pleading filed the changes “will improve the quality of force investigations, clarify reporting requirements, and reduce burdens on front-line supervisors, while promoting the overall objectives of the … settlement agreement.”

The agreed to changes will shift the burden of use-of-force investigations from in-the-field supervisors to detectives who specialize in such investigations.

Assigning Level 2 and Level 3 force incidents to the Force Investigation Section should allow APD to quickly and efficiently identify and resolve any problematic trends in officers’ use of force.

Under the previous policy, sergeants were required to spend hours being part of any use of force investigation, no matter the level of force identified.

CONCLUSION

Federal Court appointed Monitor James Ginger said the proposed changes would bring the police in line with recommendations he has been making since he started auditing the department by saying:

“It is the monitor’s opinion that the proposed changes … substantially increase the probability of successful response by APD to problematic uses of force observed in the field. …”

The Federal Monitor’s response to the changes is in sharp contrast to what has been said in the past and indicates progress is now being made with the reform effort.

APD will now have to develop policies and train officers about the changes before taking effect.