If there was any doubt that the Albuquerque Journal is hell bent to take Mayor Keller down a few pegs, the March 4, 2018 editorial as well as the editorial cartoon proves it.

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

In two-inch black font, the editorial blares out “THE $40 MILLION QUESTION” and below it another headline reads “Tax Increase may be needed, but voters should decide”.

The editorial says in part:

“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. … So, sure, the city needs revenue. But simply imposing a tax—without voter approval—is the wrong move. Especially if a special election can be held in a timely fashion.”

The Albuquerque Journal wants the city to hold a special election to enact a tax increase without mentioning that it would be a “mail-in” ballot election that will cost upwards of $500,000 for printing and mailing costs.

Perhaps the Journal editors would be willing to write a check for $500,000 for the special election because the city sure does not have the money.

The Journal wants the Mayor and City Council to hit the campaign trail to promote any tax increase, while at the same time enact a budget before July 1, 2018 that deals with the $40 million deficit without knowing if the tax increase would be supported by voters.

Given the total anti-tax sentiment in Albuquerque, especially with a regressive tax as the gross receipts tax, I suspect the chances of it passing are slim, even if it is tied to public safety.

There have been “public safety” taxes proposed in the past and put on the ballot that have failed with mail in elections.

The editorial cartoon by John Trevor is pretty funny too, but stings no less.

The cartoon has Keller pushing a casket that has written on it “NO TAX HIKE WITHOUT A PUBLIC VOTE PROMISE” out of a second story window and into a $40 million black hole with Keller saying “FOR STARTERS, IT’S A HANDY PLACE TO BURY THIS!”

In the March 4, 2018 editorial, the Journal makes absolutely no mention of their favorite former Mayor Berry and what he said just a five months ago.

On September 26, 2017 the Albuquerque Journal did a front-page, banner headline story with a full color photo of Mayor Richard Berry giving his last “State of the City” address.

Mayor Berry proclaimed in his speech, “the state of our city is strong”.

Berry 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”.

Berry proclaimed his administration was a “hallmark of fiscal responsibility”.

The Albuquerque Journal had no problem at all in getting behind the disastrous fiscal policies of Berry that caused the $40 million deficit but wants to remind Mayor Keller and voters that he is going back on his pledge even though Keller has given good reasons to do it.

It’s the City Council, not the Mayor, who can only raise taxes with or without a public vote.

It is disappointing when candidates for office, mayors and city councilors proclaim they will put increases in taxes on the ballot in order to get elected and try to avoid the political “hot potato” and accusation that they increased taxes when they run for office again.

People have no business running for office if they do not want to make the hard decisions, especially when it comes to taxes and public safety and providing police services.

In any representative form of government, people are elected to make the best decisions they can based on the facts and needs of their constituents.

The City Council is required to have public hearings over the next 4 months on the proposed budget and allow for public input.

The public’s input is vital in order to reach a consensus on the need for any tax increase.

Let the city council do its job and decide on any proposed tax increase, their own or any one proposed by the Mayor.

The March 2, 2018 Albuquerque Journal front page blaring head line reads “Mayor may support tax hike without vote; The City is estimating a $39 million to $40 million deficit for the coming fiscal year, which starts July 1.”

https://www.abqjournal.com/1140271/mayor-fears-taxes-will-have-to-increase.html

When you pull up the same story on the Journal’s’ internet web site, the headline is “Mayor fears taxes will have to increase”.

There is a big difference between going against a promise not to raise taxes without a public vote and reporting a fear that taxes may have to be raised.

I suspect that there is a major age difference in the age of subscribers who get the Albuquerque Journal delivered to their homes versus a much younger age group who read the Journal online.

The story delved partially into the breakdown of the factors contributing to the deficit and include:

1. $25 million representing the gap between projected revenue and baseline budget expenditures.
2. $4 million for the increased costs of training of police and policy changes associated with the Department of Justice settlement agreement.
3. $3 million of increased costs associated with the self-insurance fund and more premiums needed for workers compensation and tort claims
4. $6.2 million for the increases in health insurance premiums
5. $2.1 million for an increase in water rates by the Bernalillo County and Albuquerque Water Authority

The news for the need of a tax increase should come as no surprise to anyone, and neither should the headline.

What is noteworthy is Keller, along with two of his staff, met with the Albuquerque Journal editors in private to discuss his plans.

The headline in the Albuquerque Journal that the Mayor is going back on his promise to have a public vote is politically damaging and should also come as absolutely no surprise coming from the Albuquerque Journal given its Republican leanings and anti-tax sentiment.

The Journal headline is a clear message to Keller that they are watching him closely and now we can wait for the editorial.

OTHER CONTRIBUTING FACTORS TO CITY’S DEFICITS

The City is facing a $6 million deficit for this year and $40 million-dollar deficit for the next fiscal year.

There will be a need for $69 million for the ART Bus project that must be found if the federal grant is not forthcoming.

$40 million is needed for an upgrade of the emergency operations center and communications center.

There is a need for funding for 350 more police officers that the Mayor and city council want and have promised in order to get to the 1,200 level.

There is a need for replacement of the roughly 20% of police units and fire department units that is the average rate of replacement of older vehicles, not to mention
$25 million dollars is needed in continuing revenue funding to offset and makeup for the lost revenue from the state with the repeal of the hold harmless provision.

There is also a need to generate revenues to address all the other city departments, vacancies and increases in salaries to those other city employees who have been given significantly less in salary increases, or no increases at all, for the last eight years while APD’s budget and salaries increased.

BREAKING A PROMISE NO SURPRISE

Mayor Keller backtracking on his promise to have a public vote on tax increases should come as no surprise and there were early warning signs of it.

On February 24, 2017, Keller held a press conference announcing the city is facing a $40 million deficit.

(February 24, 2018 Albuquerque Journal, page A-7, “Mayor Keller says Albuquerque facing $40 million deficit; Crime, health care, reduced state funding, DOJ settlement cited)

In announcing the deficit in February, Mayor Keller said:

“Between rising crime, increasing health care costs, and the drying up of tens of millions in state funding, the chickens are coming home to roost … It has become clear we are faced with a choice: own up to the financial reality at city hall, or continue to muddle along and risk years of uncertainty about the resources that are required to bring real help for public safety to protect our kids”.

The February 24, 2018 press conference was the second one done by Keller on the $40 million deficit in eight weeks.

Most of what Keller said has also been said by the City Council.

KELLER’S “GOLDEN OLDIES” ON NO TAXES

Over a year ago on February 14, 2017 the mandatory state audit of the city was released by then State Auditor Tim Keller, and he said Albuquerque needed to substantially increase funding for the risk management fund to $6.3 million a year to cover the shortfall.

“The city is basically spending more than it can afford for settlements for police shootings and civil rights violations. … That’s obviously a financial problem, which is why it shows up in our audit” Keller said at the time.

“In light of the city’s troubling trend of incurring more liabilities, it is appropriate and necessary for the city to better fund the (risk management fund),” Keller told the city.

On the campaign trail, Mayoral candidate Tim Keller said he would raise taxes as a last resort for public safety but only with voter approval.

Candidate Keller said he would draw from various agencies, departments and programs where large, misappropriated budgets existed to deal with any city deficit.

What candidate Keller said about “misappropriate budgets” sounded fantastic but not very realistic after the 8 years of budget cuts and downsizing of government by his predecessor.

On December 19, 2017, soon after being sworn in, Mayor Tim Keller reported that the city was facing a $6 million-dollar short fall this fiscal year that would have to be made up somehow.

Among the contributing factors for the $6 million deficit was the Albuquerque Police Department exceeding its overtime budget by $4 million by going from $9 million to $13 million and the excessive judgements paid out in APD deadly use of force cases such as the $5 million settlement paid in the Mary Hawkes case.

Further, Mayor Keller announced the that the city was facing a whopping $40 million-dollar budget short fall the city will be dealing with next fiscal year.

During the December 19, 2017 press conference, Mayor Keller said:

“Because we have a deficit situation, we are really going to have to focus on prioritizing what is important this year for our city. … A piece of that is also understanding we’ve got to find ways to step up for our officers, and we also have to prioritize job creation and keep our kids at the forefront of the budget process this year.”

Asked during his press December 19, 2017 press conference if a tax increase would be required, Mayor Keller said:

“I certainly hope not, and I can’t imagine that at the end of the day, given what we want to prioritize, that is going to happen. The tougher question is how do we actually get more officers on the streets, and we’re going to be working with our police chief and the City Council to find a way to do that.”

(See December 19, 2017 Albuquerque Journal “Mayor: APD still a priority despite projected deficit).

THE CITY COUNCIL’S SONG AND DANCE ON TAX INCREASES

On February 17, 2018, City Councilors Ken Sanchez and Trudy Jones announced that the city council will consider a tax increase saying the city was facing a budget shortfall and that the city needed more cops.

(See February 17, 2018 Albuquerque Journal, “City Council to consider tax hike; Councilors say city facing budget shortfall, needs more officers)

In announcing the City Council’s proposed tax increase, City council President Ken Sanchez had his own version of the same song sung by Mayor Keller when he said:

“We are at an extremely critical time. … Just this coming fiscal year, we are facing a $40 million shortfall. … Our police department staffing is facing some major deficiencies” and saying Albuquerque Police Department has around 850 officers and that 1,200 are needed.

Sanchez also pointed out that the city has lost $25 million in revenue due to the state’s “hold harmless” agreement.

After the legislature did away with state taxes on food and medicine in 2005, it agreed to pay local governments “hold harmless” money to ease the burden of the lost revenue with the money tapering off since 2016.

The New Mexico Legislature allowed municipalities to impose a three-eighths percent gross receipts tax without a public vote, to make up for those losses from the hold harmless provision, which is what City Councilors Sanchez and Joes are proposing.

The gross receipts tax proposed of three eights of a cent and could potentially raise $22 million and upwards of $55 million.

The overwhelming majority of the $55 million generated by the tax being proposed by the City Council will in all probability have to be applied to the $40 million-dollar projected deficit and other incurred debts.

For the last eight (8) years, the Albuquerque City Council strongly resisted raising the gross receipts tax at all costs despite the effect that budget cuts were having a severe impact on essential services and a disastrous effect on public safety.

For the last eight (8) years, there has been a severe downsizing of city hall personnel, the elimination of numerous positions, and no or very little raises for city hall employees and even a time when pay was cut to make up for deficits to avoid any kind of tax increase.

CONCLUSION

Mayor Tim Keller is due to announce his first budget on April 1, 2018 which will then be enacted by the city council effective July 1, 2018 after city council budget hearing.

The city council will have a full three months to have budget hearings and to allow for public input and comment before enactment of the budget that will be effective July 1, 2018 when the new fiscal year begins.

If Mayor Keller feels we need a public safety tax for police and the DOJ reforms and deal with the $40 million deficit and lost revenues he should advocate its enactment by the City Council when he releases his first budget on April 1, 2018.

There is a need for consensus building with public input on any tax increase.

It is the City Council and only the City Council that can enact a tax increase.

The City Council is required to have public hearings on the proposed budget and allow for public input.

The public’s input is vital in order to reach a consensus on the need for any tax increase.

Let the city council do its job and decide on any proposed tax increase, theirs or the Mayor’s.

Winning elections is always about counting numbers: the polls, the votes and in US Presidential elections, the electoral college where it really counts and where Presidential elections are won.

It has been reported that our U.S. intelligence community has developed substantial evidence that state websites or voter registration systems in seven states were compromised by Russian-backed covert operatives prior to the 2016 election, but the intelligence agencies never told the states involved.

Three senior intelligence officials have now said the intelligence community has found clear evidence that Russia did indeed compromise or interfere with voter registries in the states of Alaska, Arizona, California, Florida, Illinois, Texas and Wisconsin, and there are probably more.

(February 28, 2018 NBC News report: “U.S. intel: Russia compromised seven states prior to 2016 election”.)

https://www.nbcnews.com/politics/elections/u-s-intel-russia-compromised-seven-states-prior-2016-election-n850296

It is becoming clear as each day passes, and as indictments come down, why President Trump does not want to admit that our 2016 presidential election was interfered with by the Russians giving him the election.

The intelligence community also has found that Russia tried to influence our election in favor of Trump by circulating false and misleading information on the internet, sponsoring organization meetings and providing funding for Trump supporter rallies.

One report is money was given by Russian operatives to fund a float for a mock-up of a jail with a Clinton look alike dress in a black and white stripped jump suit.

The dark clouds forming over Trump are that Special Counsel Robert Mueller has either indicted or secured guilty pleas from 19 people and three companies so far in the Russian probe, with most of those being announced just in the past few weeks followed by guilty plea agreements.

Paul Manafort, President Trump’s former campaign chairman, has now been charged in two separate indictments on a variety of charges brought by Special Counsel Robert Mueller who is heading up the Russian probe.

Manafort has been the subject of a longstanding investigation over his dealings in Ukraine several years ago for which he didn’t file as a foreign agent until June of 2017.

Special Counsel Mueller has incorporated the Manafort investigation into his own probe into Russia’s meddling in the 2016 election and possible collusion with Trump associates, which may include Trumps son Donald, Jr and his son in law Jared Kushner.

Rick Gates, the longtime close business associate of Paul Manafort’s, was a Trump campaign aid and transition official and he pleaded guilty to conspiracy and lying to the FBI.

Rick Gates, as a Trump campaign and transition official, will probably know and may have witnessed collusion between Manafort, Trump, the Trump campaign and Russia to influence the election in Trump’s favor.

EFFECTED STATES ELECTORAL COLLEGE VOTE

Trump lost the total popular vote (62,980,160) to Clinton (68,845,931), but Trump won 30 individual state votes to Clinton winning 20.

Trump has bragged that he won the 2016 electoral college vote by the largest electoral college vote margin ever since Ronald Reagan which is not true.

President Trump won the electoral college vote 304 over Clinton’s 227, thereby handing the election to Trump.

In 2008, Obama won the election against Sen. John McCain, R-Arizona, with 365 electoral votes.

In 1996, President Clinton defeated Republican Bob Dole with 379 votes.

Of the seven states where voter registries were compromised, Trump won Alaska’s 3 electoral college votes, Arizona’s 11 electoral college votes, Texas’ 38 electoral college votes and Wisconsin’s 10 electoral college votes while Clinton won California’s 55 electoral votes and Illinois 20 electoral votes.

Sooner rather than later, appointed Russian Probe Special Counsel Robert Mueller will find out that there was indeed collusion with the Trump campaign and the Russians to rig our election in Trump’s favor and money laundering of millions of dollars.

Trump will no doubt plead “fake news” at his arraignment on federal charges of money laundering and fraud along with his former campaign manager Paul Manafort.

I truly hope President Trump’s arraignment for any criminal charges is before US Federal Judge Gonzalo P. Curiel whom President Trump suggested was biased against him because of the judge’s “Mexican” heritage.

Judge Curiel is as American as they come and was born and raised in East Chicago, Indiana and educated in the United States.

CONCLUSION

President Trump is entitled to due process of law for treason, high crimes and misdemeanors, which will be impeachment charges by the US House of Representatives and then the US Senate will conduct a trial and vote to convict him and remove him from office, unless of course he resigns like Richard Nixon.

The TV ratings will indeed be HUUUUUGGGGE!

Albuquerque cannot be just a cop on every corner, a fire truck on every street, a jail in every quadrant, a garbage dumpster at every turn, streets without potholes and buses like ART that no one will ever use. Any truly great city must include facilities that enhance the quality of life of its citizens, such as libraries, zoos, museums and aquariums, facilities that the ABQ Biopark represents.

The BioPark, with its zoo, aquarium and botanical gardens, is the number one tourist attraction in the State of New Mexico. The Rio Grande Zoo has gone from rows of simple chain link fenced cages and bar cages in the 1970’s to state of the art open facilities in the present day. The entire BioPark with the zoo, aquarium and botanical gardens is one of the finest attractions of its kind in the country.

During the 2015 municipal election, Albuquerque voters wisely approved with an overwhelming majority the voter petition drive initiative to increase the gross receipts tax for the BioPark.The gross receipts tax initiative for the BioPark was needed because some $20 million dollars plus in repairs and maintenance to the facilities are needed and major repairs were ignored for eight years. There are $40 million dollars in upgrades and exhibits needed to the BioPark facilities and without making those repairs, the city risks losing many national certifications.

The BioPark attendance is down in numbers caused no doubt by the great recession and the BioPark American Zoological Association (AZA) accreditation has been threatened by it. Employees morale is down and turnover is up as a result in the steady decline of support from the past administration over eight (8) years.

The tax will raise $255 million dollars over 15 years for the BioPark. In passing the tax, voters decided to invest in their community and themselves and bypass the Mayor and the City Council.
Republican Mayor Berry and the Republican City Councilors opposed the tax at the time. A new ABQ BioPark Director was hired to implement the new and updated ABQ Bio Park master plan and guide capital improvements worth more than a quarter of a billion dollars over a 15-year period.

There have been a few reports on what is happening to the BioPark gross receipts tax funding such as the new penguin attraction that is under construction.

CITY FACING MAJOR DEFICITS

In 2018, the City is facing a $6 million deficit for this year, a $40 million dollar deficit for the next fiscal year, $69 million for the ART Bus project that must be found if the federal grant is not forthcoming, $40 million needed for the upgrade of the emergency operations center and communications center, the need for funding for 350 more police officers that the Mayor and city council want, replacement of the roughly 20% of police units and fire department units that is the average rate of replacement of older vehicles, not to mention the $25 million dollars lost because of repeal of the hold harmless provision.

There is also a need to generate revenues to address all the other city departments, vacancies and increases in salaries to those other city employees who have been given significantly less in salary increases, or no increases at all, for the last eight years while APD’s budget and salaries increased.

The Keller administration has already said all options are on the table when it comes to dealing with the deficit. For the last eight (8) years, the Albuquerque City Council strongly resisted raising the gross receipts tax at all costs despite the effect that budget cuts were having a severe impact on essential services and a disastrous effect on public safety.

For the last eight (8) years, there has been a severe downsizing of city hall personnel, the elimination of numerous positions, and no or very little raises for city hall employees and even a time when pay was cut to make up for deficits to avoid any kind of tax increase.

TAX INCREASE INTRODUCED

Mayor Tim Keller is due to announce his first budget on April 1, 2018 which will then be enacted by the city council effective July 1, 2018 after city council budget hearings.

On February 17, 2018, City Councilors Ken Sanchez, a Democrat, and Trudy Jones, a Republican, announced that the city council will consider a tax increase saying the city was facing a budget shortfall and that the city needed more cops. In announcing the City Council’s proposed tax increase, City council President Ken said:

“We are at an extremely critical time. … Just this coming fiscal year, we are facing a $40 million shortfall. … Our police department staffing is facing some major deficiencies” and saying Albuquerque Police Department has around 850 officers and that 1,200 are needed.”

Sanchez also pointed out that the city has lost $25 million in revenue due to the state’s “hold harmless” agreement. After the legislature did away with state taxes on food and medicine in 2005, it agreed to pay local governments “hold harmless” money to ease the burden of the lost revenue with the money tapering off since 2016. The New Mexico Legislature allowed municipalities to impose a three-eighths percent gross receipts tax without a public vote, to make up for those losses from the hold harmless provision, which is what City Councilors Sanchez and Jones are proposing.

The gross receipts tax proposed of three eights of a cent and could potentially raise $22 million and upwards of $55 million. The overwhelming majority of the $55 million generated by the tax being proposed by the City Council will in all probability have to be applied to the $40 million-dollar projected deficit and other incurred debts with little left for public safety.

DIVERSION OF BIO PARK TAX TO MAKE UP FOR DEFICITS POLITICAL BAD FAITH AND BETRAYAL OF PUBLIC TRUST

Some city hall observers feel the Mayor and City Council should raid the Biopark Tax to balance the city halls budget. The Keller Administration and the City Council could divert money from the BioPark tax to make up for the deficits and any shortfall in the $120 million ART bus project if or when Congress does not approve the grant. The City Council and the Keller Administration could reduce the existing BioPark budget and divert that money to the ART Bus Project or the city deficits arguing the Bio Park gross receipts tax is available and other essential services such as public safety are far more important.

Albuquerque voters and the BioPark Society need to be vigilant and make sure that all the millions that are slated for the Bio Park generated by the gross receipts tax actually go to the Bio Park. If there is in fact a need to raise taxes for public safety, then the council should do it and not at the expense of the Biopark.

The Mayor and the City Council need to respect the wishes of voters when they enacted the BioPark tax by an overwhelming majority in 2015. The City Council and the Mayor have the ethical responsibility and the duty to the voters of Albuquerque to make sure that they resist any temptation to raid or rededicate the Biopark tax revenues to make up for the deficits they are now faced with in order to avoid a tax increase.

Finally, after so many years, the city is moving to declare the Sahara Motel in South East Albuquerque a Nuisance and potentially tear it down by initiating a condemnation action.

(February 27, 2018 Albuquerque Journal, page A-7, “City moves to classify motel as a public nuisance; Police called to Sahara Motel in SE Albuquerque hundreds of times.)

https://www.abqjournal.com/1138639/city-moves-to-deem-crime-ridden-motel-public-nuisance.html

It has been no secret that the motel has been a chronic problem for the area for a number of years, being a magnet for crime and bringing down property values.

The motel has been the source of literally hundreds of calls for service a year to the Albuquerque Police Department costing thousands of dollars a year for the city to deal with and a major drain on law enforcement resources.

A review of the total number of calls for service a year is what is used in part to determine if a property is a public nuisance or a nuisance under city ordinances.

Calls for service to the Albuquerque Police Department to deal with properties that have become “magnets for crime” result in a drain on police resources and costs millions of dollars a year in taxpayer funds.

The average cost of a call for service to dispatch police officers to handle such minor calls as suspicious persons, loitering, loud parties and loud music cost taxpayers between $75 to $150 per call depending on the time spent on the call by police officers dispatched.

What is so damn pathetic is how Albuquerque City Councilor Pat Davis is trying to take so much credit for the city’s action when he said during press interviews:

“When the community and APD alerted me of the problems that persist at the Sahara Motel, despite multiple attempts to work with the owner, I knew we needed to take fast and drastic action. … Working with Safe City Strike Force, the City Attorney’s Office, and the Mayor’s Office we built the case to declare this property a public nuisance, a step rarely taken, but one needed to force action in this situation.”

“We built the case”?

Exactly what did you do Councilor Davis to build the case?

Davis trying to take so much credit for getting something done in his city council district that he had very little to do with the actual work on is so very typical of Davis now that he is running for the United States Congress.

The only truth Davis said in his statement was that declaring the property a public nuisance is a step rarely taken, but even that is a half-truth.

The Safe City Strike Force, which is responsible for the actions to declare a property a nuisance, has indeed rarely taken such a step during the last eight years.

But that has not always been the case, at least from 2003 to 2009.

What the city and the Safe City Strike Force is doing with the Sahara Motel is nothing new or novel at all, but is very effective when done.

From 2003 to 2009, the Safe City Strike Force took code enforcement action against 48 of the 150 motels along central and forced compliance with building codes and mandated repairs to the properties.

The Central motels that were demolished were not designated historical and were beyond repair as a result of years of neglect and failure to maintain, make repairs and make improvements.

The Safe City Strike Force was responsible for the demolition of at least seven (7) blighted motels that were beyond repair, with the city tearing them down and placing a lien on the properties in order to get reimbursed.

Central motels that had historical significance to Route 66 and that could be repaired or redeveloped were purchased by the City for renovation and redevelopment.

The Central motels that the Safe City Strike Force took action against include the Gaslight (demolished), The Zia Motel (demolished), The Royal Inn (demolished), Route 66 (demolished), the Aztec Motel (demolished), the Hacienda, Cibola Court, Super-8 (renovated by owner), the Travel Inn (renovated by owner), Nob Hill Motel (renovated by owner), the Premier Motel (renovated by owner) the De Anza (purchased by City for historical significance), the No Name, the Canyon Road (demolished), Hill Top Lodge, American Inn (demolished), the El Vado (purchased by City for historical significance), the Interstate Inn (demolished).

City Councilor Pat Davis is given upwards of $1 million dollars out of the city’s general fund that he is allowed to dedicate for projects within his district, yet he has failed to seek full funding for the Safe City Strike Force for the last two years.

Additionally, Davis was a staunch supporter of the ART Bus project and voted to expend the $69 million in Federal grant money that has yet to be appropriated or approved by congress.

Davis was able to convince the Berry Administration to add one more ART bus station for ART in his District, but he refused to try and have the ART bus project placed on the ballot for a public vote telling his constituents that there was nothing he could do because it was the Mayor’s project.

CONCLUSION

For the past eight (8) years, little or next to nothing has really been done by the City of Albuquerque to address blighted and substandard commercial properties like so many of the motels that still remain along Central not to mention the vacant building and vacant residential homes that are deteriorating because of lack of maintenance.

Today, the Safe City Strike Force has one employee, its director, and the Safe City Strike Force exists in name only.

Funding the Safe City Strike Force may not be a construction project like the ART Bus project, a library or fire station that Mayor’s and city councilors always love taking credit for, but it would go a long way to getting rid of blighted commercial and residential properties, which only sully entire neighborhoods and put residents in danger and bring property values down.

Now that Davis has discovered the amount of press he can get by having the city take action against nuisance properties, maybe the Mayor and the rest of the city counsel will jump into the act and restore and fully fund what use to be a model program in the United States.

For more on Pat Davis and his record see June 6, 2017 article “Pat Davis Can Run For Congress But He Cannot Hide From His Record at:

Pat Davis Can Run for Congress But Can’t Hide From His Record

Congratulations are in order for former New Mexico State Treasurer James B. Lewis and his appointment by Mayor Tim Keller as “Senior Advisor for Public Safety”.

I have known James B. Lewis for at least forty years when we both started our careers working for the County in the basement of the old District Courthouse on Roma Street, James working in the County Finance Department and me as an Assistant Bernalillo County District Attorney working for District Attorney Steve Schiff.

James is a real gentleman and every position he has held he has served the people of New Mexico with honor, dignity and without scandal.

Over the years, James B. Lewis has held many titles and won many elections and appointed to positions including Bernalillo County Treasurer, New Mexico State Treasurer, Chief of Staff to Governor Bruce King, Chief Administrative Officer for Mayor Marty Chavez not to mention working for President Barrack Obama at the Department of Energy and appointment to work on Mayor Keller’s transition team.

As Senior Advisor for Public Safety, he will be working on a $72,000 a year contract with the Albuquerque Police Department and his duties will include help implementation and oversight of the Department of Justice mandated reforms, working with the APD command staff and help with returning to community-based policing.

Mayor Tim Keller has committed to a national search for a new permanent APD Chief.

I suspect one of the first tasks James Lewis will be involved with is a national search for a new police Chief to take over from Interim Chief Michael Geier.

Dealing with the restructuring APD in order to continue with the implementation of the DOJ mandated reforms will likely be difficult and intricate part of his job given what the previous administration did to APD.

FEDERAL DEPARTMENT Of JUSTICE CONSENT DECREE LOOMS LARGE

The next Federal Monitor’s report is due to be issued in a few months.

Hopefully, James Lewis will find that the new APD command staff is cooperating with the reform process.

It has been reported that the Albuquerque Police Department’s former command staff under former APD Chief Gorden Eden so obstructed APD’s reform effort that the department basically has to start much of the reform process all over again.

During a February 8, 2018 status conference in the DOJ consent decree case, Federal Monitor James Ginger told Federal District Court Judge James Brack, who is overseeing the case, that the prior command staff never developed a plan to comply with the settlement agreement the city signed in late 2014 with the U.S. Department of Justice.

As a result, Dr. Ginger is now frantically working to get APD’s new command staff up to speed on the reform process and help them develop a complete compliance plan but the new plan to go forward has yet to be fully planned out.

“To make a long story short, the reason we’re in the mess right now is we never could get a real plan out of the old APD,” Federal Monitor James Ginger told the Federal Judge during the February 8, 2018 status conference in the case.

Ginger also told the Court:

“At this — at this stage of the game, I think everybody understands they [APD] are seriously off track. That had nothing to do with this new command staff that is present. They’ve sort of inherited the mess. And what I’ve tried to do is design a way forward that will allow the new APD to pick up the pieces and start making progress relatively rapidly and, basically, to help the Court understand what I’m recommending happen, is a highly compressed and highly focused process that was provided originally to the old APD when this project first started.”

Dr. Ginger went on to say:

“I’ve designed a process that I think, based on my experience, will allow the new APD to pick up the pieces — I mean, there’s a lot of things that have been developed that we – quite frankly, we just need to throw away and start over again, but that’s not everything. We can — we can salvage some of the work that was done in the first couple of years.”

DEPARTMENT OF PUBLIC SAFETY

While the iron is hot on his appointment as Senior Advisor of Public Safety, James B. Lewis should seriously consider exploring and recommending to Mayor Tim Keller the creation of a Department of Public Safety by executive order.

The Department of Public Safety overtime would include both the Police and Fire Departments, both Police and Fire Academies, and 911 emergency dispatch center, the emergency operations center with the appointment of a Public Safety Commissioner.

Implementation of the DOJ consent decree reforms needs to be a top priority to include continued formulation, writing and implementation of standard operating procedure and changes agreed to under the consent decree, expansion of crisis intervention mandates and certified training of APD department personnel in constitutional policing practices.

There is a need for a complete overhaul and restructuring of APD with the appointment of a new chief, commanders, lieutenants, academy director and a 911 manager.

Every single APD felony unit needs to be increased in personnel by anywhere between 40% and 60%, including the following APD units: Armed Robbery, Auto Theft, Burglary, Homicide, Gang Unit, Narcotics, Property Crimes and Sex Crimes Units and the Criminal Nuisance Abatement Unit.

The number of sworn police officers patrolling the streets is currently 436 and it should be increased to at least 650 out of a fully staff department of 1,200.

The Public Safety Department would consist of four civilian staffed divisions and managed by the Public Safety Commissioner:

1. Personnel and training, for recruiting, hiring, internal affairs investigations and police academy;
2. Budget and finance;
3. Information technology support and crime lab; and
4. 911 emergency operations center with a civilian manager.

“Deadly use of force” cases need to continue to be investigated by the Critical Incident Review Team and the final reports with finding and recommendations.

APD has consistently shown over many years it cannot police itself which contributed to the “culture of aggression” found by the Department of Justice.

The APD Internal Affairs Unit needs to be abolished and its functions absorbed by the Office Independent Council.

The investigation of police misconduct cases including excessive use of force cases not resulting in death or nor serious bodily harm should be done by “civilian” personnel investigators.

The function and responsibility for investigating police misconduct cases and violations of personnel policy and procedures by police should be assumed by the Office of Independent Council in conjunction with the City Human Resources Department and the Office of Internal Audit where necessary.

The Office of Independent Council would make findings and recommendations to the Public Safety Commissioner for implementation and imposition of disciplinary action.

The city needs to fund and implement a non-negotiated major hourly rate increase for entry level sworn officers, excluding management, to improve recruitment, retention and morale.

Sign on bonuses, tuition debt payoff and mortgage down payment bonuses need to be offered to new recruits.

Yearly experienced officer retention bonuses must be made permanent.

APD needs to “triple down” on recruitment and dramatically increase the size and number of police academy classes per year.

CONCLUSION

Mayor Keller has been given a mandate by voters to make change at APD, and he should seize the opportunity to make real change with the creation of a Department of Public Safety.

The appointment of James B. Lewis was smart in that he has the administrative skills to get the job done.

James B. Lewis has the skills do a fine job as he undertakes the important task for the City of Albuquerque: The Department of Justice mandated reforms and working with APD and the command staff to return to community-based policing.