Federal Monitor Issues 18th Federal Monitors Report On APD; Primary Compliance At 100%, Secondary Compliance At 99%, Operational Compliance At 94%;Civilian Police Oversight Advisory Board Found In Crisis; Police Union President Calls Monitoring Process “A Scam”; City Should Seek Dismissal Of Case

On November 14, 2014, the City of Albuquerque, the Albuquerque Police Department and the United State Department of Justice (DOJ) entered into a stipulated Court Approved Settlement Agreement (CASA). The settlement was the result of an 18-month long investigation by the Department of Justice (DOJ) that found that the Albuquerque Police Department engaged in a pattern of “excessive use of force” and “deadly force”, especially when dealing with the mentally ill. The DOJ investigation also found a “culture of aggression” existed within the APD.

The Court Approved Settlement Agreement mandates 271 police reforms, the appointment of a Federal Monitor and the filing of Independent Monitor’s reports (IMRs) on APD’s compliance with the reforms. There are 276 paragraphs in 10 sections within the CASA with measurable requirements that the monitor reports on.

The link to the 118-page CASA is here:

https://documents.cabq.gov/justice-department/settlement-agreement.pdf

18th FEDERAL MONITOR’S COMPLIANCE REPORT FILED

On November 8, 2023, Federal Court Appointed Monitor James Ginger filed his 18th report. The 18th Independent Monitor’s Report covers the time period of February 1, 2023 through July 1, 2023. The report is 168-pages long.  It is the shortest report filed to date with the previous reports averaging about 300 pages.  The link to review the entire 18th report is here:

Click to access final-imr-18.pdf

The 18th report finds that APD is only ONE percentage point from full compliance in “Operational Compliance” going from 92% to 94%.  APD went down by 1% in “Secondary Compliance” going down from 100% to 99%.  APD  and sustained  Primary Compliance at 100%.

Under the terms and conditions of the CASA, once APD achieves a 95% compliance rate in all 3 identified compliance levels and maintains it for 2 consecutive years, the case can be dismissed. Originally, APD was to have come into compliance within 4 years and the case was to be dismissed in 2018.

The 3 compliance levels are explained as follows:

PRIMARY COMPLIANCE

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

SECONDARY COMPLIANCE

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

OPERATIONAL COMPLIANCE

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

DRAMATIC PROGRESS MADE IN COMPLIANCE LEVELS OVER 4 REPORTING PERIODS

Operational Compliance is considered the most difficult to implement and achieve. The 14th, 15th  and 16th  reports saw significant gains in Operational Compliance but the 17th report  brought APD  the closest it had ever been to full compliance with 92% reported and with 95% needed to be achieved and sustained for 2 years in all 3 compliance levels.

In the Federal Monitors IMR-14 report filed on November 12, 2021, the Federal Monitor reported the 3 compliance levels were as follows:

  • Primary Compliance: 100 %; (No change from before)
  • Secondary Compliance: 82 %; (No change from before)
  • Operational Compliance: 62 % (An increase 3% points from before)

15th FEDERAL MONITOR’S REPORT COMPLIANCE LEVELS

On May 11, 2022, Federal Court Appointed Independent Monitor filed his 15th Report on the Compliance Levels.   APD’s compliance levels in the IMR-15 Federal Monitor’s report were as follows:

  • Primary Compliance: 100%
  • Secondary Compliance: 99%
  • Operational Compliance: 70%.

The 15th Federal Monitors report was  a dramatic reversal from the past 3 monitor reports that were highly critical of the Keller Administration and the Albuquerque Police Department.

16th  FEDERAL MONITOR’S REPORT COMPLIANCE LEVELS

The Federal Monitor reported that as of the end of the IMR-16 reporting period, APD’s compliance levels were as follows:

  • Primary Compliance: 100% (No change)
  • Secondary Compliance: 99% (No change)
  • Operational Compliance: 80%. (10% increase from 70%)

17th FEDERAL MONITOR’S REPORT COMPLIANCE LEVELS

The Federal Monitor IMR-17 report which covers August 1, 2022, through January 31, 2023, reported APD’s compliance levels were as follows:

  • Primary Compliance 100%
  • Secondary Compliance 100%
  • Operational Compliance 92% (95% needed to be achieved and sustained for 2 years)

18th FEDERAL MONITOR’S REPORT COMPLIANCE LEVELS

 The Federal Monitor IMR-18 report covers February 1, 2022, through July 31, 2023, and reports APD’s compliance levels are as follows:

  • Primary Compliance 100%
  • Secondary Compliance 99% (Down 1%)
  • Operational Compliance 94% (95% is needed to be achieved and sustained for 2 years)

HIGHLIGHTS OF 18TH FEDERAL MONITOR’S REPORT

Dr. James Ginger in his 18th Federal Monitor’s Report praises APD’s significant progress over the last 2 years and applauds  the work of force investigators and supervisors.  Ginger notes the steady upward trend in Operational Compliance starting in IMR-14 and continuing through IMR-18.

During the 18th reporting period, from February 1, 2023 through July 1, 2023, the monitor reported:

“… training processes  remained strong, reflecting “best-standards” of training needs, curricula development, and delivery of CASA-congruent training programs. Importantly, during this reporting period, with the approval of the Parties and the concurrence of the monitor, APD is now self-monitoring 157 specific paragraphs.  APD continues to develop the ability to independently self-monitor with review by the monitoring team.”

The monitor noted compliance findings began improving markedly during the 2021 IMR-14 reporting period and that APD  continued to make gains for 5 consecutive monitoring periods.  The monitor reported that the compliance surge was  due to APD’s finally understanding the change process, and focused APD leadership vis a vis compliance issues.

During the 18th reporting period, the monitor’s team reviewed 8  cases completed by the External Force Investigation Team  and found each case to be “thorough, accurate, well-documented, and congruent with APD policy and national standards.   This is a major milestone.  The case reports comply with  policy, training, and in-field performance.  This is a central reform requirements of the Court Approved Settlement Agreement (CASA).”

The Federal Monitoring Team found APD’s disciplinary findings and practices continue to improve during this reporting period. However, the monitoring team found they are not yet at the 95% compliance level which is mandated for 2 years before the case can be dismissed. During the  reporting period, the monitoring team  found that all on-body recording devices (OBRD) usage standards followed CASA requirements.

DEFICIENCIES NOTED

The Federal Monitor noted some other critical compliance issues during the  reporting period. These include a continuing issue of adequately staffing the Citizen’s Police Oversight Agency (CPOA) and providing adequate training for board members and reconstituting the process of strong CPOA oversight.

The 18th report found an unacceptable delay in the process of appointing a contract compliance officer, a qualified permanent executive director of Civilian Police Oversight Agency (CPOA), and a deputy executive director of the agency.  The monitor noted a continuing issue with CPOA investigators meeting articulated timelines. The Federal Monitor again recommended   a formal external assessment of CPOA workload and staffing.

A major concern was identified about the trend during IMR-17 and IMR-18 with Force Review Boards mishandling of some officer-involved shootings. The report noted it is extremely difficult for an agency to function well, absent strong oversight processes related to high-risk critical tasks, particularly when these tasks are a major reason for the existence of the CASA.  The monitor identified this  issue as a major problem due to the fact that one of the major reasons for the existence of the CASA was questionable APD officer-involved shootings over a protracted period.

FUNDAMENTAL CONCERNS ABOUT APD OVERSIGHT

The 18th Federal Monitors Report raised fundamental concerns about oversight from the top management levels of APD, or those who make up the Internal Affairs Force Division (IAFD) and Force Review Board (FRB). The report said for the second time, the FRB and IAFD had disagreed with investigators, deeming fatal police shooting as being in line with APD policy when it was not.

A few nonfatal police shootings have been found out of policy in recent years but yet APDs top command staff has yet to find a fatal police shooting out of policy, meaning an officer’s actions were not “objectively reasonable, proportional, nor the minimum amount of force necessary.”  The Federal Monitoring team said it identified “a grave and substantial malfeasance” in the top command staff mishandling of a fatal police shooting, erroneously ruling it justified.

The monitoring team reported the concerning trend of Internal Affairs Force Division leadership and the Force Review Board “mishandling” police shootings following a year in which the department shot or shot at a record-high 18 people, with 10 of them being killed.

REVISITING THE JESUS CROSBY DEADLY USE OF FORCE CASE 

The monitoring team described the Jesus Crosby deadly use of force  case as one of the “more obvious mishandlings of organizational oversight that we have seen since the inception of the CASA. … The case is replete with issues, from the shooting itself through the handling of the case.”

Officers simultaneously fired Tasers and bullets at Crosby, who was suffering a mental health crisis and holding fingernail clippers outside APD headquarters. A force investigator, civilian oversight director and one Force Review Board (FRB)  member found the shooting out of policy, but an Internal Affairs Force Division  commander and the rest of the FRB reversed that finding.  APD modified its policies following the shooting in the hopes of expanding the use of less-lethal force in such situations.

The 18th IME  Report went so far as to questioned if Internal Affairs Force Division (IAFD) leadership or Force Review Board (FRB)  members “are competent to review cases of this significance.”  The report said no FRB member asked questions about the policy disagreement or about the six shots fired after Crosby was on the ground, and only one member “asked insightful questions regarding the appropriateness of deadly force.” That same member, according to the report, voted  the use of force was not necessary but was outvoted by the other members.

The team noted it marked the second time the FRB has ignored “a compelling justification” for an out-of-policy ruling in a fatal shooting. The monitoring team added, “In our opinion, all parties should be concerned if any IAFD personnel believe, or were led to believe, that the use of deadly force by officers, in this case, was appropriate.”

The report noted that the FRB has excelled in recent years due to 3 “specific deputy chiefs,” one of whom has retired while the other two were not at the FRB meeting.  According to the report:

“We have commented in the past that reforms cannot exist as a result of specific people, and instead have to be woven into the fabric of APD’s culture.”

Referencing the November 2022 shooting of Jesus Crosby, the Federal Monitor’s report states:

“Most troubling is that in this case, the IAFD investigator and supervisor did what was required, and the deficiencies began at the Internal Affairs Force Division command level and were endorsed by the Force Review Board  … We are equally concerned with the chilling effect a case like this can have on Internal Affairs Force Division investigators and supervisors who will be called to make difficult, honest, and accurate findings in the future.”

Independent Monitor James Ginger said it was the second such occurrence in a year and warned the Albuquerque Police Department of the “chilling effect” it could have on those tasked with investigating use of force incidents in the future.

Private Attorney Mark Fine, who is represents the Crosby family in a civil rights and wrongful death lawsuit, said the family thanked the monitoring team for its “good-faith assessment of the killing of Jesus and for calling out the backwardness of APD leadership’s absurd determination that the shooting was ‘within policy.’” Fine said this:

“Since 2014, the City has known and admitted that a lack of supervisory oversight allowed a culture of aggression to develop in its ranks, which resulted in a pattern of unnecessary and deadly uses of force. …The Monitor’s report reveals that this toxic dynamic continues.”

CPOA CASES REVIEWED

According to the 18th Federal Monitor’s, the monitoring team reviewed a random sampling of 20 CPOA cases centered on civilian complaints.  The auditors found deficiencies in 6 of the cases.  In all of the cases there was a failure  to meet deadlines, and two cases also had incomplete interviews.

The issues stemmed from low staffing, with six investigators tasked with investigating more than 600 complaints a year, according to the 18th IME report. The end result was a backlog of dozens of complaints and only half of the investigations being completed.

The monitoring team called the workload “excessive and unsustainable,” saying it “likely leads to poor outcomes regarding timelines, quality, and effectiveness.” In the worst-case scenarios, lower-priority cases extend past due dates, and any sustained findings cannot be disciplined, according to the report.

The Federal Monitor’s team suggested fully staffing the board, filling three vacant supervisory roles and conducting a staffing study to “establish realistic expectations” on a mandatory number of investigators needed for the workload.

CIVILIAN POLICE OVERSIGHT BOARD FOUND IN CRISIS

The Federal Monitor identified in the 18th Report the failures of civilian oversight that represent the largest remaining roadblock to the city ending its yearslong consent decree with the U.S. Department of Justice.

Twelve of the remaining 15 paragraphs of the Court Approved Settlement Agreement involve failures with the Civilian Police Oversight Agency (CPOA) which is appointed and overseen by the Albuquerque City Council.  The Civilian Police Oversight Advisory Board (CPOA) was formed in January of this year after the City Council abolished the previous Civilian Police Oversight Board.

The 18th Federal Monitor’s Report found that the civilian oversight mandated by the CASA is “in crisis” with understaffing and excessive caseloads leading to inadequate investigations by the external board tasked with everything from evaluating civilian complaints to weighing in on police shootings.

The report also showed that 12 of the remaining 15 sections of the settlement that are noncompliant revolve around the operations of the Civilian Police Oversight Advisory Board. The monitor found that since the change made in January, the CPOA hasn’t been able to properly function.  The five-person board currently has only two members.  The 18th Monitor Report states:

“From the monitor’s perspective, CPOA is in crisis. This crisis was birthed by understaffing, the need for the City to fill supervisory and oversight positions, and the need to improve the organizational structure of the agency.”

The CPOA’s problems led the city to fall behind on Secondary Compliance which had reached 100% compliance in the 17th report but dropped by 1% and is  now at 99%  in the 18th IME Report due to a drop in CPOA training.

City Council President Pat Davis said in a letter to Mayor Tim Keller that changes to “key leadership” within the City Council and the administration “slowed things down” over the summer, but they have since interviewed more than a dozen applicants for the vacant board positions.  Davis said the council expects to reach its initial goal of having those positions filled, as well as filling a crucial leadership role, by the end of the year.

Davis said the board is expected to be fully staffed and hire a contract compliance officer, who would make sure the CPOA abides by the settlement agreement and would be in charge of staffing, by the end of December. Davis said this:

“We’re on track. … This is the last big-ticket item, the administration wants it done fast, the monitor wants it done fast, we want it done well — and fast.”

Come January 1, a new city council will be sworn that will not include Pat Davis in that he did not run for a third term

During a November 8 news conference announcing the 18th Federal Monitors Report, Mayor  Keller emphasized  the CPOA is the responsibility of the City Council, but said his administration is “here to help.” When asked if the city could reach full compliance without the CPOA portions of the CASA fulfilled, city and police officials replied, “Just barely.”

Keller said if the City Council doesn’t get the CPOA into compliance with the CASA, one option would be to split the CASA into two, calling the CPOA half “a little casita.”

REACTION TO 18TH FEDERAL MONITOR’S REPORT

Standing in front of a graph charting the city’s progress and noting the 1%  left in the reforms to achieve compliance, Mayor Tim Keller said this:

“The amazing thing is — this is all that’s left. … There’s like that much left in the DOJ process. That’s it and that is how far we have come [in 9 years].”

Albuquerque Police Chief Harold Medina, using a football analogy, said APD  is at the 1-yard line with the Court Approved Settlement Agreement and said this:

“We don’t want to fumble the football, and we want to get into the end zone. … I think it is imperative that we recognize the hard work of the men and women of this department. We will never be perfect anytime we have a process that involves humans … but this is about ensuring that there’s accountability when we’re not perfect.”

Medina noted that APD statistics have shown a drop in crime and uses of force, outside of police shootings, since 2017, alongside a boost in officer productivity, measured by arrests and traffic stops.  Medina said this:

“We wanted to beat the idea that you cannot have reform and a safe city.”

Police union president Shaun Willoughby said he was looking forward to the end of the CASA.  Willoughby also called the monitoring process “a scam”.  Willoughby said this:

“This report and the impact of the report changes absolutely nothing for years to come, in my opinion.  … Using force as a police officer, it’s good to take it seriously … But I also think that we overdo [investigating] it.”

Willoughby added APD has learned to categorize and investigate force at “an expert level” but believes it could’ve been done for much less time and money.

The American Civil Liberties Union of New Mexico, a major critic of APD,  in responding to the 18th Federal Monitors report, recognized the work that has been done by APD. However,  Daniel Williams, the ACLU Policing Policy Analyst said the shortcomings and failures identified in the 18th  Federal Monitors  report  speak to culture change within the department and what “brought DOJ to town in the first place.” Williams said this:

“If the chain of command has not bought into a new attitude toward policing, has not really bought into these reforms and is continuing to go with the same status quo that has failed us for years, is the CASA going to be sustainable when DOJ leaves town?”

Links to quoted news sources are here:

https://www.cabq.gov/police/documents/final-imr-18.pdf

https://www.cabq.gov/police/documents-related-to-apds-settlement-agreement

https://www.abqjournal.com/news/monitor-praises-apd-progress-but-warns-of-top-brass-mishandling-police-shootings-as-city-eyes/article_bb68cdf2-7f42-11ee-bd00-bfcb21c9f70c.html

https://www.abqjournal.com/news/report-civilian-police-oversight-in-crisis-as-city-police-near-full-compliance-on-reforms/article_a30f73ea-8038-11ee-a4ea-67a9771862fc.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

THE REAL SCAM ARTIST IDENTIFIED

Police Union President Shaun Willoughby just had to open his big mouth and make the inflammatory and false statement that the  reform process has been “a scam” and that the reforms could have been completed much sooner and less costly.  The real scam artists during the last 9 years of implementing the reforms has been none other than Shaun Willoughby himself  and the police union members of sergeants and lieutenants he represents who did everything they could to undercut the police reforms brought on by the Department of Justice (DOJ) investigation that found a “culture of aggression” and repeated use of deadly force and excessive use of force. 

Over the years, the Federal Court Appointed Monitor labeled the policde union interference with the reforms as the “County Casa Effect”.  The monitor said this in one of his reports:

“Some members of APD … resist actively APD’s reform efforts, including using deliberate counter-CASA processes. For example, … Collective Bargaining Agreement (CBA) disciplinary timelines, appear at times to be manipulated by supervisory, management and command levels at the area commands, letting known violations lie dormant until timelines [mandated by the union contract] for discipline cannot be met.

Many of the instances of non-compliance seen in the field are a matter of “will not,” instead of “cannot”! The Monitor … report[s] … he sees actions that transcend innocent errors and instead speak to issues of cultural norms yet to be addressed and changed by APD leadership.  …   Supervision, which includes Lieutenants and Sergeants in the union, need to leave behind its dark traits of myopia, passive resistance, and outright support for, and implementation of, counter-CASA processes.”

On April 27, 2021, it was widely reported that the Albuquerque Police Officers Association (APOA) launched a $70,000 political ad campaign to discredit the Department of Justice (DOJ) mandated reforms saying the police reforms are preventing police officers from doing their jobs and combating crime. The federal monitor’s response was swift and sure and he said in open court:

“[The accusation is] a union canard. We’ve talked about the counter-CASA effect in Albuquerque for years and years, and it is still alive and well. This latest process from the union is just another piece of counter-CASA. The union would like us out of town, I’m sure, and remember this monitoring team – as much as we love Albuquerque – would be glad to be done with the job. But we’re not going to give passing scores unless passing scores are earned. … [if the city] will actually focus on compliance”

REFORMS ACHIEVED UNDER THE CASA

On November 16, 2023, it was  a full 9 years that has expired since the city entered into the CASA with the DOJ. It was originally agreed that implementation of all the settlement terms would be completed within 4 years, but because of previous delay and obstruction tactics  by APD management and the police officers’ union found by the Federal Monitor as well as APD backsliding in implementing the reforms, it has taken another 5 years to get the job done.

Now after  9 full years, the federal oversight and the CASA have produced results.

Reforms achieved under the CASA can be identified and are as follows:

  1. New “use of force” and “use of deadly force” policies have been written, implemented and all APD sworn have received training on the policies.
  2. All sworn police officers have received crisis management intervention training.
  3. APD has created a “Use of Force Review Board” that oversees all internal affairs investigations of use of force and deadly force.
  4. The Internal Affairs Unit has been divided into two sections, one dealing with general complaints and the other dealing with use of force incidents.
  5. Sweeping changes ranging from APD’s SWAT team protocols, to banning choke-holds, to auditing the use of every Taser carried by officers and re-writing and implementation of new use of force and deadly force policies have been completed.
  6. “Constitutional policing” practices and methods, and mandatory crisis intervention techniques an de-escalation tactics with the mentally ill have been implemented at the APD police academy with all sworn police also receiving the training.
  7. APD has adopted a new system to hold officers and supervisors accountable for all use of force incidents with personnel procedures implemented detailing how use of force cases are investigated.
  8. APD has revised and updated its policies on the mandatory use of lapel cameras by all sworn police officers.
  9. The Repeat Offenders Project, known as ROP, has been abolished.
  10. Civilian Police Oversight Agency has been created, funded, fully staffed and a director was hired.
  11. The Community Policing Counsels (CPCs) have been created in all area commands.
  12. The Mental Health Advisory Committee has been implemented.
  13. The External Force Investigation Team (EFIT) was created and is training the Internal Affairs Force Division on how to investigate use-of-force cases, making sure they meet deadlines and follow procedures.
  14. Millions have been spent each year on new programs and training of new cadets and police officers on constitutional policing practices.
  15. APD officers are routinely found using less force than they were before and well documented use of force investigations are now being produced in a timely manner.
  16. APD has assumed the self-monitoring of at least 25% of the CASA reforms and is likely capable of assuming more.
  17. The APD Compliance Bureau has been fully operational and staffed with many positions created dealing directly with all the reform efforts and all the duties and responsibilities that come with self-assessment.
  18. APD has attained a 100% Primary Compliance rate, a 99% Secondary Compliance rate and a 92% Operational Compliance rate.

CITY SHOULD SEEK DISMISSAL OF CASE AND NOT WAITE ANOTHER 2 YEARS

Over the last 9 years, APD has devoted thousands of manhours and the city has spent millions of dollars on the reform process, creating and staffing entire divisions and roles and rewriting policies and procedures. More recently, APD has implemented oversight outside of the CASA requirements, implementing six-month reviews of police shootings to identify shortcomings and possible solutions.

Despite the concerns raised in the 18th  Federal Monitors Report,  the city’s compliance with reforms has never been higher. The monitor’s 18th report shows APD has reached  100% in Primary Compliance,  99% in Secondary Compliance and 94% in  Operational Compliance the highest levels ever reached in 9 years. Once 95% compliance or better is reached in all 3 of the compliance levels, APD  must sustain that compliance for two years. After a full two years of compliance in the 3 compliance levels, the case can be dismissed bringing and to end the consent decree.

Given the extent of the compliance levels, the work of the Federal Monitor can be said to be winding down. The purpose and intent of the settlement has been achieved.  The city should seek to negotiate a stipulated dismissal of the case with the Department of Justice (DOJ) sooner rather than later.  Should the DOJ refuse, the City Attorney should move to immediately to dismiss the case under the termination and suspension provisions of the CASA by filing a Motion to Dismiss the case and force the issue with an evidentiary hearing and let the assigned federal judge decide the issue of dismissal.

Nichole Rogers Elected District 6 City Councilor In Runoff Election With 52% Over Jeff Hoehn 48%; Eligible Voter Turnout Was Paltry 15%;  No Mandate For Nichole Rogers With Tainted Reputation; Mayor Tim Keller Still Faced With Difficult City Council Not Willing To Do His Bidding As He Plans To Run For Third Term In 2025; Keller Opposition In 2025 Being Recruited

With all 10 vote centers reporting as of 9 p.m. Tuesday, December 12, former city employee and financial adviser Nichole Rogers prevailed against her opponent Jeff Hoehn, the executive director of nonprofit Cuidando Los Niñosto, to win the District 6 City Council seat with 52.4% to Hoehn’s 47.76%.  According to the raw vote, Nichole Rogers received 2,416 votes and Jeff Hoehn received  2,209 votes.

There are upwards of 30,000 registered voters in City Council District 6. According to numbers from the Secretary of State’s Office, turnout for the run off lagged behind the regular local election, with just 15% of eligible voters casting their ballots in the runoff election.

A total of 4,675 votes were cast in Tuesday’s runoff election was  a dramatic drop from the 7,395 in the November election when 4 candidates were on the ballot. Hoehn and Rogers originally faced two other candidates, Abel Otero and Kristin “Raven” Greene, in the regular election. Rogers and Hoehn were the two top vote getters in the first election with Rogers securing  40% of the vote and Hoehn 32%. Greene endorsed Hoehn while Otero endorsed Rogers.

EXPENSIVE AND CONTENTIOUS CAMPAIGN

Jeff Hoehn was privately financed candidate. Hoehn raised $43,075 and spent at least  $37,870. Nichole  Rogers was publicly financed candidate and was given  upwards of $40,000 in public finance to run her campaign. Because Rogers was a publicly finance candidate, she had had a spending limit of $40,000, and was given another $20,000 in public finance for the runoff.

The runoff election campaign was  as contentious as it gets, as Measure Finance Committees went on the attack pushing for their particular candidates. Rogers was supported by the  Real New Mexican Leadership measured finance committee,  headed up by Mayor Tim Keller’s confidant and handler Neri Holguin, which funded at least 3  misleading or false mailers against Jeff Hoehn. One particularly egregious mailer cited reports of sexual harassment and racial discrimination by the National Association of Realtors, one of Hoehn’s donors, and that essentially accused Hoehn of the same conduct using a guilt by association tactic. Rogers never disavowed the mailer.

HelpABQ, the measured finance committee  supporting Hoehn, in turn, labeled Rogers “unserious, inexperienced,” and “wrong for ABQ,” and in the ad  saying she is endorsed by the “most extreme groups.” Hoehn disavowed the “negative messaging” which he said occurred without his authorization.

CANDIDATES REACT TO ELECTION RESULTS

City Councilor Elect Nichole Rogers is half Hispanic and half Black, and she becomes the first Black elected to an ABQ City Council seat since inception of the modern form of government in 1974. City Councilor Elect Nichole Rogers said this in a statement:

“Tonight represents not just the culmination of a campaign, but the hopes and aspirations of District 6. … We’ve worked tirelessly to bring our vision of a more inclusive, thriving community to the forefront. … The prospect of becoming the first African American woman on the Albuquerque City Council is both an honor and a profound responsibility. … It symbolizes breaking barriers and represents a step forward towards greater diversity and representation in our city’s leadership. …”

After calling to congratulate Rogers, Jeff Hoehn for his part said his political career is not over.  He thanked his volunteers and voters and said this:

“We started a conversation in District 6 [about crime and homelessness] … I will sleep well, and I will regroup. …I’m not afraid to move forward. This district matters too much.”

https://www.abqjournal.com/news/nichole-rogers-wins-district-6-seat-in-tight-runoff-race/article_5d7ccb6e-9967-11ee-ae46-2347bda28761.html#tncms-source=home-featured-7-block

https://www.krqe.com/news/politics-government/elections/nichole-rogers-wins-albuquerque-city-council-runoff-in-district-6/

https://www.kob.com/new-mexico/albuquerque-metro/nichole-rogers-wins-district-6-seat-runoff-race/

https://www.koat.com/article/albuquerque-city-council-runoff-election-results-2023/46105640

ANALYSIS AND COMMENTARY

District 6 was the only City Council District to have a runoff election out of  the 4  council seats on the ballot in this year’s regular municipal  election. In 3 of the 4 districts, the incumbent city councilor chose not to run for reelection. In District 4,  incumbent Republican Brook Bassan kept her seat by  prevailing against Progressive Democrat Abby Foster. In District 8, retired police officer and Conservative Republican Dan Champine prevailed over moderate Democrat Idalia Lechga Tena to replace Conservative Republican Trudy Jones. In District 2,  Progressive Democrat Joaquín Baca won without a runoff prevailing against Moderate Democrat Loretta Naranjo Lopez and Independent Moses Gonzales to replace Progressive Democrat Isaac Benton.

MAYOR KELLER’S INVOLVEMENT IN CITY COUNCIL RACES

Mayor Tim Keller became actively involved and behind the scenes in the campaigns of 3 Progressive Democrat  city council candidates. The candidates who had the full support of Mayor Tim Keller were Progressive Democrats Abby Foster, Joaquin Baca and Nichole Rogers. Keller’s own campaign manager, politcal advisor and confidant Neri Holguin  was the paid politcal consultant for Progressive Democrat Abby Foster, who lost to Incumbent Brook Bassan  and Joaquin Baca, who prevailed over his two opponents to win without a runoff.

Mayor Keller  was also involved with the campaign of Nichole Rogers. She had worked for the Mayor Tim Keller as a policy advocate and community organizer. Confidential sources confirmed that Rogers received significant help in collecting nominating petitions signatures and qualifying donations from at least 2 city hall employees who work directly for Mayor Tim Keller.  Rogers  also went so far as to tell Progressive Democrats privately in the District that she was Mayor Keller’s candidate to replace Progressive Democrat Pat Davis who is a Keller ally.

Keller political consultant Neri Holguin initially was involved with the Rogers campaign. It was Holguin who called Jeff Hoehn and told him in no uncertain terms not to run for city council, that he could not win and that Mayor Keller would not support him and that Keller wanted a person of color for the district. Holguin also  headed up the measured finance committee and solicited donations for it  that published a number of negative and misleading politcal hit pieces against Jeff Hoehn in the runoff.

A NO MANDATE, RUBBER STAMP CITY COUNCILLOR

City Councilor elect Nichole Rogers credibility and reputation took more than a few major hits tainting her reputation when allegations of her impropriety were revealed during the run off, allegations that will still linger as she assumes office.  Those areas of concern included gross mismanagement of her nonprofit Westland Foundation and failure to file required documents with the Internal Revenue Service, the New Mexico Attorney General and the New Mexico Secretary of State, failure to account fully income and fund raising for her corporation, a disturbing history of civil litigation over debts and money due, failure to pay rent, evictions and property liens and misdemeanor convictions she refused to confirm or deny and actual residency in the District for a full 6 years as she claimed.

Although Councilor Elect Nichole Rogers prevailed in the election, with such an extremely low voter turnout, and a tainted reputation to go with it, the election was way too close for Rogers to consider it a mandate on any level. Given the amount of support she received from Mayor Tim Keller, his political confidant Neri Holguin as well as the negative campaign by the measured finance committees that opposed Progressive Democrat Jeff Hoehn, she will be viewed as totally indebted to Mayor Tim Keller and will will likely be an  ineffective city councilor. Sadly, Rogers  will be viewed as nothing more than a rubber stamp for any and all things Tim Keller and all of his policies over the next two years of his second term.  She will also have to deal with a new city council who  will no doubt not be  so willing to do Mayor Keller’s bidding and that will likely marginalize her.

KELLER NEW CITY COUNCIL MORE COMBATIVE CITY COUNCIL

Come January 1, 2024  the new city council will look much the same as the old city council.  Following is how the new city council looks:

Democrats

District 1 Conservative Democrat Louie Sanchez
District 2 Progressive Democrat Joaquin Baca
District 3 Moderate Democrat Klarissa Peña
District 6 Progressive Democrat Nichole Rogers
District 7 Progressive Democrat Tammy Fiebelkorn

Republicans

District 5 Conservative Republican Dan Lewis
District 4 Conservative Republican Brook Bassan
District 8 Conservative Republican Dan Champine
District 9 Conservative Republican Renee Grout

Although the new City Council will still be split with 5 Democrats and 4 Republicans, Conservative Democrat Louie Sanchez has often allied himself with conservative Republicans Dan Lewis, Renee Grout, and Brook Bassan who still will be on the council and Conservative Republican Dan Champine is expected to join in allowing them to approve or kill measures on a 5-4 vote but being unable to override Mayor Tim Keller’s veto’s with the required 6 votes.

The first item of business of the new city council once they are sworn in on January 1, 2024  will be the election of  a new City Council President and Vice President. It would come as no surprise if Conservative Democrat City Councilor Louis Sanchez is voted as the new City Council President along with  Conservative Republican Dan Lewis elected as the new Vice President with votes of Sanchez, Lewis, Bassan, Champine and Grout.

COUNCIL OVERIDES TWO PROGESSIVE KELLER VETOS

Notwithstanding the Democrat majority, the city council has already begun to show resistance to Mayor Keller’s progressive agenda as going too far.  In November, Republican City Councilor Dan Lewis sponsored two separate resolutions, one to replace the Albuquerque-Bernalillo County Air Quality Control Board and  another to place on hold the boards plans to dramatically change environmental justice regulations by increasing regulations and prohibitions on the issuance of air quality permits. The resolution increased regulations and prohibitions on the issuance of air quality permits and mandated excessive environmental studies. The Air Quality Board was conducting hearings on the environmental justice regulations. Mayor Tim Keller vetoed both resolutions. The City Council voted  to override both vetoes with bi partisan votes, one on a 6 to 3 vote and the other on a 7 to 2 vote, with Democrats Louis Sanchez,  Klarissa Pena, and even Progressive  Pat Davis joining in on one of the votes.

https://www.koat.com/article/a-vote-from-city-council-that-could-change-the-albuquerque-air-quality-control-board/46021734

FINAL COMMENTARY

Mayor Tim Keller took an active roll in trying to elect 3 city councilors who he believed will support his progressive agenda over the final 2 years of his second term. He did so to set himself up to run for a third term in 2025. Keller has already made it known to top aides he intends to run for a third term.

As it stands now in 2023, Tim Keller has extremely low approval ratings with one Journal Poll showing he has a 32% approval rating and his approval rating is  likely to go down even further over the next 2 years with an adverse city council. Keller no doubt thinks he can turn his popularity around over the next two years and like the last time believes he will have weak to no opposition. Don’t bet on it given that sources have confirmed efforts are now underway to find candidates to oppose Keller in 2025 with another poll taken and potential candidates listed and where Keller garnered 18% in the poll.

Names are already  beginning to surface to run against Tim Keller in 2025 and include  Republican City Councilor Dan Lewis, Democrats Bernalillo County Clerk Linda Stover, former NM Lieutenant Governor Diane Denish, Bernalillo County Sheriff John Allen and even Bernalillo County District Attorney Sam Bregman. If Jeff Hoehn is serious for his part saying his political career is not over, he just may want to run against Tim Keller in 2025 which would be genuine poetic justice on a number of levels.

 

December 12 City Council District 6 Runoff Between Progressives Jeff Hoehn and Nichole Rogers; Vote Jeff Hoehn City Council District 6

In one of the most contentious runoff elections in recent memory, voters in Nob Hill and the International District go  back to  the polls on Tuesday, December 12,  for the Albuquerque City Council District 6 Runoff Election between two Progressive Democrats. While the City Council Districts 2, 4 and 8 races were decided on November 6,  District 6 was forced into a runoff  because neither candidate received more than 50% of the vote during the Regular Local Election in November.  Candidates Jeff Hoehn, the executive director of nonprofit Cuidando Los Niños, and Nichole Rogers, a former city employee and business consultant, face off against each other in Tuesday’s runoff election to replace City Councilor Pat Davis who chose not to run for a third term.

District 6 spans the central corridor from Interstate 25 to the east. It also covers the University of New Mexico and Mesa del Sol. The district has been represented by City Councilor Pat Davis for the last 8 years but he decided not the seek a third term.

According to the city clerks office just 8% of the more than 30,000 voters in the district have cast their votes. In the November  7 general local election, 22% of District 6 voters turned out which was  greater than the total voter turnout for Albuquerque.

The runoff election campaign has been as contentious as it gets, as Measure Finance Committees have been on the attack pushing for their particular candidates. Rogers is supported by the  Real New Mexican Leadership measured finance committee,  headed up by Mayor Tim Keller’s confidant and handler Neri Holguin,  which funded a misleading or false mailer that cited reports of sexual harassment and racial discrimination by the National Association of Realtors, one of Hoehn’s donors, and that essentially accused Hoehn of the same conduct using a guilt by association tactic. Rogers never disavowed the mailer.

HelpABQ, the measured finance committee  supporting Hoehn, in turn, labeled Rogers “unserious, inexperienced,” and “wrong for ABQ,” and in the ad  saying she is endorsed by the “most extreme groups.” Hoehn disavowed the “negative messaging” which he said occurred without his authorization. Hoehn wrote in a letter to voters:

“I reject HelpABQ’s message that organizations like Planned Parenthood or the Sierra Club are extremist groups.”

Hoehn is privately financed.  Rogers is publicly financed. Hoehn has raised $43,075 and spent $37,870. Rogers has a spending limit of $40,000, plus a $20,000 bonus for the runoff. She’s spent $41,034.

Voting convenience centers will be open from 7 a.m. to 7 p.m. The address of the convenience centers are:

  • Central Mercado – 301 San Pedro Dr. SE, Suites B, C, D & E, 87108
  • Clerk’s Annex – 1500 Lomas Blvd NW, Suite A, 87104
  • Daskalos Center – 5339 Menaul Blvd NE, 87110
  • Four Hills Shopping Center – 13140 Central Ave SE, Suite 1420, 87123
  • University of New Mexico– Student Union Building, Louie’s Lounge, 87131
  • Bandelier Elementary School – 3309 Pershing Ave SE, 87106
  • Highland High School – 4700 Coal Ave SE, 87108
  • Jefferson Middle School – 712 Girard Blvd NE, 87106
  • La Mesa Elementary School – 7500 Copper Ave NE, 87108
  • Van Buren Middle School – 700 Louisiana Blvd SE, 87108

https://www.krqe.com/news/politics-government/albuquerque-city-council-district-6-runoff-election-set-for-tuesday/

https://www.abqjournal.com/election-2023-the-candidates-the-turnout-and-where-to-vote-in-albuquerque-city-council-district/article_826c4858-9879-11ee-9323-8b6638785e80.html

ALLEGATIONS OF MISCONDUCT

Nichole Rogers campaign took more than a few  hits  when allegations of her impropriety were revealed during the run off in 4 major areas. Those 4 areas are:

  1. WELSTAND FOUNDATION

Welstand Foundation is a one-person organization that was started by Nichole Rogers in 2019  and whose federal tax exempt status was revoked in 2022. Nichole Rogers failed to file required documents with the Internal Revenue Service, the New Mexico Attorney General and the New Mexico Secretary of State regarding her nonprofit Westland Foundation that she created and now manages. Rogers continued to fund raise while her nonprofit was not in “good standing” with the state and the corporation had lost its federal status as a 501 C 3 charitable organization. It was also reported that she failed to report income and account for monies she raised, including $15,000 in city funding she secured for her foundation and how the funding was spent. How much money the nonprofit received and where it went since its inception  is impossible to know based on the non-existent tax filings.

    2.  HISTORY OF CIVIL LITIGATION AND MISDEAMEANOR CHARGES

An extensive review of public records and court dockets revealed a disturbing history of civil litigation over debts and money due, failure to pay rent, evictions and property liens.  The total amount of judgments for debts and property liens filed were at least $25,726.47. It was also revealed misdemeanor traffic offense convictions by Nicole L. Rogers with times when bench warrants were issued for her arrest for failures to appear.  She did not disclose to the Albuquerque Journal her misdemeanor convictions in its candidate questionnaire.

A review of court dockets was conducted to determine the extent of litigation Nichole Rogers has been involved with over the years. A listing of 7 specific civil court and 4 metro court misdemeanor cases was compiled which are believed to be cases Rogers has been named the defendant. When confronted with the cases, Rogers declined to admit or deny if the cases were in fact her as a named defendant. She said NO in her Albuquerque Journal candidate questionnaire if she had ever been convicted of a misdemeanor which is false.

    3. RESIDENCY CHALLENGED

Confidential sources  alleged  that Nichole Rogers has not lived in District 6 for the 6 years she has claimed and as she told the Albuquerque Journal in its candidate questionnaire. She has said at forums she has lived in the district for 6 years which is false and she has raised her two children at the address she claims to be her home.  The home in District 6 is a rental she owns and has rented to others as she lived with her children.   It has been determined she has lived on the Westside in an apartment with others and is now using a District 6 residence that she owns but has rented to others in order to run for city council.

   4. POLITICAL HIT PIECE FROM MAYOR KELLER’S HANDLER

Confidential  sources have confirmed that Mayor Tim Keller was involved with Nichole Rogers candidacy from the get go. Jeff Hoehn was told in no uncertain terms by Mayor Keller’s political confidant and campaign manager Neri Holguin he should not run, he was told he could not win and that the Mayor would not support him and that the Mayor wanted another person.

Mayor Keller’s political confidant  and handler Neri Holguin  inserted herself into the City Council District 6 run off race.  On December 5 a “politcal hit piece” mailer was sent to all District 6 registered voters. The  flyer  was from Real New Mexico Leadership, the measured finance committee supporting Nichole Rogers and that Neri Holguin solicited  $12,000 in donations  to produce and distribute.

The politcal hit piece says in part “Jeff Hoehns biggest backer has the kind of record we don’t need in Albuquerque. … With friends like these, we can’t count on Jeff Hoehn to stand with us.”  The politcal hit piece then goes on to make the inflammatory accusations of “Sexual harassment reports by multiple woman”, “Discrimination against people of Color trying to buy homes”, “Paid $1.8 Billion jury veredict for inflating the price of home sales commissions.”

The politcal hit piece uses a unflattering photo of Jeff Hoehn positioned next to the accusations ostensibly to imply that Hoehn condoned the conduct or was guilty of the same conduct. The very, very fine print that strains they eye to read at the bottom offers as a Fact Checker and identifies the National Association of Realtors who was accused of the conduct.  The measured finance committee, or Political Action Committee, “Help ABQ and National Association of Realtors” is the real subject  of the hit piece. Looking at the hit piece at a glance you would think it was Jeff Hoehn who was accused of sexual harassment and discrimination.

Progressive Democrat  Nichole Rogers has never denounced the flyer nor distance herself from the Real New Mexico Leadership measured finance committee thereby giving her tacit approval of the hit piece and reflects she will do anything to win an election.

PROGRESSIVE DEMOCRAT JEFF HOEHN

Progressive Democrat Jeff Hoehn has a Master of Public Administration from the University of New Mexico, he is married to Charlotte Itoh and the couple have one child. He has lived in the district 21 years. He is the executive director of Cuidando Los Niños, a shelter and school for homeless children.  He has identified crime and homelessness as his top concerns for District 6.

https://www.abqjournal.com/election/district-6-candidate-questionnaire-jeff-hoehn/article_86040c9c-646e-11ee-8e6e-5f3f903f9fa5.html

Hoehn’s approach to the homeless would differ significantly from Mayor Keller’s large shelters at the Gateway Center and Westside Emergency Housing Center. To combat homelessness and the housing crisis in the city, he would fund smaller, population-specific shelters that are attractive and safe for those who want help. He agrees that the Albuquerque Community Safety Department should be a proactive force that is on the streets every day, all day actively encountering individuals who are homeless so that they accept help or choose to relocate.

Hoehn advocates short-term mobile APD command units in high crime areas. He advocates for a dedicated team of police officers that can embed with the community, build trust and make the area unfriendly to criminal activity.   His crime proposals lean heavily on police and policing technology to get that done. Hoehn told the League of Woman Voters this:

“I advocate instituting short-term APD mobile command units in high crime areas. …  We must be strategic so that officers can spend their time preventing and addressing crime. Technology such as speed cameras has a role to play also.”

PROGRESSIVE DEMOCRAT NICHOLE ROGERS

Progressive Democrat Nichole Rogers is a certified Emergency Medical Technician (Basic) and has an  Associate of Arts and Sciences in Integrated studies from Central NM Community College (2012). She lists her occupation as a business consultant and financial adviser, She has  2 children, aged 15 and 6 years old and had lived in District 6 for six years.

https://www.abqjournal.com/election/district-6-candidate-questionnaire-nichole-rogers/article_c891ab32-646e-11ee-8250-bb9887ac9743.html

Progressive Democrat Nichole Rogers identifies herself as a Black and Hispanic single mother and survivor of abuse. She has worked for the Mayor Tim Keller Administration as a policy advocate and community organizer.  Progressive Democrat Nichole Rogers cited poverty as her top priority if she is elected seeing it as an underlying cause of crime and homelessness.

Rogers says too many families do not have what they need to survive much less thrive. Rogers says short-term solutions include getting the Gateway Homeless shelter  open and functioning and the long-term solution is addressing poverty.

She vows to work to implement a Universal Income pilot that will provide families with the financial boost they need. To combat homelessness and the housing crisis in the city, Rogers wants to increase the number of shelter beds as a short-term solution and from there increase “wrap-around services” to get the unhoused in permanent supportive services that will help them stay housed.

COMMENTARY AND ANALYSIS

The city is facing any number of problems that are bringing it to its knees. Those problems include exceptionally high violent crime and murder rates, the city’s increasing homeless numbers, lack of mental health care programs and little to no economic development. It is City Council District 6 that has suffered the brunt of all the city’s ills with the highest violent crime and property crime rates, increased homelessness and the highest poverty rates in the city  with no economic development, all issues Jeff Hoehn knows about, has dealt with and knows what to do about.

The city and District 6  cannot afford any longer city councilors who makes promises and who offers only eternal hope for better times that result in broken campaign promises.  What is needed are city elected officials who actually know what they are doing, who will make the hard decisions without an eye on their next election, not make decisions only to placate their base and please only those who voted for them or Mayor Tim Mayor.

District 6 is entitled to a City Councilor who is ethical, who is above reproach, who knows how to manage finances both privately and in their private business dealings, who actually knows the problems of the district by actually living in the district for more than a few years.

Elect Jeff Hoehn City Councilor in District 6 on December 12.

 

Elect Progressive Democrat Jeff Hoehn, City Council District 6; Opponent Nichole Rogers Proven To Be Unfit For Office

The City Council District 6 runoff race between the two top vote getters of Progressive Democrat Jeff Hoehn and Progressive Democrat Nichole Rogers is scheduled for December 12.  District 6 includes Nob Hill, the International District, and other neighborhoods and is currently represented by Progressive Democrat City Councilor Pat Davis who did not seek a third term.

Based upon how the candidates have presented themselves, have conducted their campaigns and what has been revealed about them during the runoff, Progressive Democrat Jeff Hoehn is the clear candidate that voters in District 6 should vote to represent them in District 6 as their city councilor.  

PROGRESSIVE DEMOCRAT JEFF HOEHN

Progressive Democrat Jeff Hoehn has a Master of Public Administration from the University of New Mexico, he is married to Charlotte Itoh and the couple have one child. He has lived in the district 21 years. He is the executive director of Cuidando Los Niños, a shelter and school for homeless children.  He has identified crime and homelessness as his top concerns for District 6.

https://www.abqjournal.com/election/district-6-candidate-questionnaire-jeff-hoehn/article_86040c9c-646e-11ee-8e6e-5f3f903f9fa5.html

Hoehn’s approach to the homeless would differ significantly from Mayor Keller’s large shelters at the Gateway Center and Westside Emergency Housing Center. To combat homelessness and the housing crisis in the city, he would fund smaller, population-specific shelters that are attractive and safe for those who want help. He agrees that the Albuquerque Community Safety Department should be a proactive force that is on the streets every day, all day actively encountering individuals who are homeless so that they accept help or choose to relocate.

Hoehn advocates short-term mobile APD command units in high crime areas. He advocates for a dedicated team of police officers that can embed with the community, build trust and make the area unfriendly to criminal activity.   His crime proposals lean heavily on police and policing technology to get that done. Hoehn told the League of Woman Voters this:

“I advocate instituting short-term APD mobile command units in high crime areas. …  We must be strategic so that officers can spend their time preventing and addressing crime. Technology such as speed cameras has a role to play also.”

GUEST OPINION COLUMN BY CANDIDATE JEFF HOEHN

City Council candidate Jeff Hoehn submitted the following guest column published on www.PeteDinelli.com on September 11:

“We all love Albuquerque.  We are all choosing to live here. 

 I am Jeff Hoehn, and I am running for City Council for District 6. I have lived in District 6 for over 20 years. I am Executive Director of Cuidando Los Niños, a nonprofit working to end homelessness, and I am President of the Nob Hill Neighborhood Association Board of Directors. My commitment to Albuquerque and to District 6 are proven in my work and volunteering.

District 6 is a large and diverse district stretching from Eubank to the east, I-25 to the west, Lomas to the north and Gibson to the south as well as Mesa del Sol. It holds so much potential, yet it bears a significant share of the problems that are holding our city back. The time for effective and genuine progressive leadership is now, for District 6 and for Albuquerque.

We find ourselves at a crossroads with respect to the future of our city. Albuquerque has so much opportunity and promise, but it is not being realized. More than five years ago, we entrusted the future of our city to our Mayor, Tim Keller. We trusted him to lead, and to make a real difference on major issues including homelessness and crime. This is why we elected him.

The Mayor has had more than enough time to effect the change that we all voted for. I do agree with many of the mayor’s policies, and I too am a Democrat. But I am independent of the party line, and I am independent of the Mayor. I hold deeply to the values of the Democratic party but question the strategies this administration has developed. A City Councilor must put people first, offering practical and realistic approaches that are achievable rather than seeking political gain.

Now that Pat Davis has decided not to run for another term, we have a unique opportunity to vote for leadership and to effect change. My love for this city has motivated me to run for office for the first time. My background, experience and leadership qualities set me apart from every other candidate in this race.

The son of a union construction worker, I worked my way through college as a student at UNM. I worked in kitchens to support myself, working my way up from dishwasher to prep cook, line cook and then kitchen manager and chef. Inspired to a career change after starting a family with my wife Charlotte, I once again worked my way through school, working full time at a nonprofit, while earning a Master of Public Administration. This degree has given me a broad base of knowledge about public policy, leadership, budgeting and much more.

I have put these skills to work for the betterment of our community, first as Executive Director of the Carrie Tingley Hospital Foundation, and for the past five years, as Executive Director of Cuidando los Niños. Cuidando is a pillar of our community of which we can all be proud. It is a five star preschool and day shelter for families experiencing homelessness.

For the past five years, I have seen the struggle and heartbreak these families endure, living on the edge of homelessness. But I have also seen the way that compassionate assistance and support can change lives. Cuidando now has a diversity of programs and assistance available to the families it serves, from housing assistance to a food program to transportation for the kids.

In fact, Cuidando has grown exponentially under my leadership. The budget has gone from $800,000 to $3,750,000 per year. We have grown the number of staff from 16 to almost 40, and increased pay and benefits for all employees. The number of homeless families served went from 40 a year to 225 a year. That is real community impact. This is all to say that I have the needed experience and leadership, and I am prepared for this job on day one.

Having thought about these issues for many years, I have policy positions that I intend to build coalitions around with residents and the City Council. 

With respect to homelessness, the Mayor’s legacy is an enormous homeless shelter the neighborhood did not want and that many people experiencing homelessness will not use. As we all know, it has been hugely expensive. It cost $15 million to acquire the site, and another $7 million has been spent getting it up and running. Yet it is not up and running even now. And the ambitions for its scope have been dramatically scaled back, the Mayor having announced that it will serve just 50 women when it opens. In yet another example of the City’s haplessness, we are facing a fine of more than three-quarters of a million dollars for the asbestos debacle. I know that we can do better. 

I believe that smaller, population-specific homeless shelters will be much more appealing to those experiencing homelessness. These can offer targeted wraparound services to their populations, and they will place a much lighter burden, if any on neighborhoods. We need to have compassion alongside pragmatism guiding our homelessness policy. We need to put real solutions before politics.

The mayor’s strategy on homelessness seems to stop at housing. Yet more housing alone will not solve homelessness. Our focus must be on preventing homelessness before it begins.  For example, a robust eviction prevention program that helps pay rent or a bill will prevent people from becoming homeless for very low cost. The city should also consider compassionate, safe environments for those who choose to sleep outdoors. A successful example of this exists in Las Cruces. We simply can’t be afraid to do what is right, and what has been proven to work elsewhere.

 With respect to crime, we must interrupt the cycles of crime and place much more focus on mental health and addiction treatment. We need to target the underlying drivers of crime. As a social scientist by training, I know that this can make an appreciable difference. We also need a functional justice system, and I applaud District Attorney Sam Bregman’s efforts to increase prosecutions and more importantly the efficiency and effectiveness of prosecutions.

 It is true that the city needs far more police officers. But we need well trained, dedicated officers who will engage in constitutional policing. We need to get out from under the DOJ consent decree but do so with integrity. Real culture change in APD is still needed. While rebuilding the culture to attract police officers, we must be strategic so that officers are maximizing their time spent preventing and addressing crime.

For example, I advocate short-term mobile APD command units in high crime areas. A dedicated team of officers can embed with the community, build trust and make the area unfriendly to criminal activity. I also know that ‘curb and gutter’ improvements in underserved areas of the city – such things as getting street lights working, building parks, adding trees and making sure basic city services are functioning – can have an impact on both crime and economic development.  Everyone in our city deserves a clean and safe neighborhood.

We must demand economic development in the International District. This area has been ignored for too long by politician after politician. As City Councilor I will ask every other Councilor to spend time with me in the International District. Then, I will work with City Council on developing a comprehensive plan for the International District that is informed by residents and business owners and not by policy makers from above.

It’s time to put people above politics. This is why I am the change we need on the City Council. Elect a proven leader in November. We can do better. Vote Jeff for District 6.

Visit jeff4d6.com to learn more about me and my specific policy proposals.”

PROGRESSIVE DEMOCRATE NICHOLE ROGERS PROVEN NOT FIT TO BE CITY COUNCILOR

There are four major areas that voters in District 6 need to be concerned about Progressive Democrat Nichole Rogers.  All 4  areas surfaced during the run off. Those 4 areas all taken together establish that Nichole Rogers  is simply not fit to be a city councilor.

WELSTAND FOUNDATION

Welstand Foundation is a one-person organization that was started by Nichole Rogers in 2019  and whose federal tax exempt status was revoked in 2022. Nichole Rogers failed to file required documents with the Internal Revenue Service, the New Mexico Attorney General and the New Mexico Secretary of State regarding her nonprofit Westland Foundation that she created and now manages. Rogers continued to fund raise while her nonprofit was not in “good standing” with the state and the corporation had lost its federal status as a 501 C 3 charitable organization. It was also reported that she failed to report income and account for monies she raised, including $15,000 in city funding she secured for her foundation and how the funding was spent. How much money the nonprofit received and where it went since its inception  is impossible to know based on the non-existent tax filings.

The link to the Albuquerque Journal article is here:

https://www.abqjournal.com/election/district-6-candidate-nichole-rogers-nonprofit-raised-money-despite-delinquent-submissions-with-ags-office-secretary/article_c3bbc350-7a66-11ee-8d56-ab4b462eb662.html

HISTORY OF CIVIL LITIGATION AND MISDEAMEANOR CHARGES

An extensive review of public records and court dockets revealed a disturbing history of civil litigation over debts and money due, failure to pay rent, evictions and property liens.  The total amount of judgments for debts and property liens filed were at least $25,726.47. It was also revealed misdemeanor traffic offense convictions by Nicole L. Rogers with times when bench warrants were issued for her arrest for failures to appear.  She did not disclose to the Albuquerque Journal her misdemeanor convictions in its candidate questionnaire.

A review of court dockets was conducted to determine the extent of litigation Nichole Rogers has been involved with over the years. A listing of 7 specific civil court and 4 metro court misdemeanor cases was compiled which are believed to be cases Rogers has been named the defendant. When confronted with the cases, Rogers declined to admit or deny if the cases were in fact her as a named defendant. She said NO in her Albuquerque Journal candidate questionnaire if she had ever been convicted of a misdemeanor which is false.

The links to look up the New Mexico court cases Nichole L. Rogers has been involved are as follows:

https://caselookup.nmcourts.gov/

“Search NM”:  https://researchnm.tylerhost.net/CourtRecordsSearch/Home#!/home 

RESIDENCY CHALLENGED

Confidential sources are alleging that Nichole Rogers has not lived in District 6 for the 6 years she has claimed and as she told the Albuquerque Journal in its candidate questionnaire. She has said at forums she has lived in the district for 6 years which is false and has raised her two children at the address she claims to be her home.  The home in District 6 is a rental she owns and has rented to others as she lived with her children.   It has been determined she has lived on the Westside in an apartment with others and is now using a District 6 residence that she owns but has rented to others in order to run for city council.

ROGER’S IS MAYOR TIM KELLER’S DESIGNATED CANDIDATE

Confidential  sources have confirmed that Mayor Tim Keller was involved with Nichole Rogers candidacy from the get go. Jeff Hoehn was told in no uncertain terms by Mayor Keller’s political confidant and campaign manager Neri Holguin he should not run, he was told he could not win and that the Mayor would not support him and that the Mayor wanted another person.  Members of Keller  administration took and active roll in helping Nichole Rogers to secure nominating signatures to get her on the ballot and collecting $5.00 qualifying donations to secure $40,000 in public financing. Rogers herself has told progressive democrats that she is the Mayor’s candidate to replace City Councilor Pat Davis.

Mayor Keller’s political advisor, campaign manager and handler Neri Holguin  inserted herself into the City Council District 6 run off race between Progressive Democrats  Nichole Rogers and Jeff Hoehn with a political hit piece against District 6 City Council Candidate Jeff Hoehn. On December 5 a “politcal hit piece” mailer was sent to all District 6 registered voters. The  flyer  was from Real New Mexico Leadership, the measured finance committee supporting Nichole Rogers and that Neri Holguin solicited  $12,000 in donations  to produce and distribute.

The politcal hit piece says in part “Jeff Hoehns biggest backer has the kind of record we don’t need in Albuquerque. … With friends like these, we can’t count on Jeff Hoehn to stand with us.”  The politcal hit piece then goes on to make the inflammatory accusations of “Sexual harassment reports by multiple woman”, “Discrimination against people of Color trying to buy homes”, “Paid $1.8 Billion jury veredict for inflating the price of home sales commissions.” The politcal hit piece uses a unflattering photo of Jeff Hoehn positioned next to the accusations ostensibly to imply that Hoehn condoned the conduct or was guilty of the same conduct. The very, very fine print that strains they eye to read at the bottom offers as a Fact Checker and identifies the National Association of Realtors who was accused of the conduct.  The measured finance committee, or Political Action Committee, “Help ABQ and National Association of Realtors” is the real subject  of the hit piece. Looking at the hit piece at a glance you would think it was Jeff Hoehn who was accused of sexual harassment and discrimination.

Progressive Democrat  Nichole Rogers has never denounced the flyer nor distance herself from the Real New Mexico Leadership measured finance committee thereby giving her tacit approval of the hit piece and reflects she will do anything to win an election.

COMMENTARY AND ANALYSIS

The city is facing any number of problems that are bringing it to its knees. Those problems include exceptionally high violent crime and murder rates, the city’s increasing homeless numbers, lack of mental health care programs and little to no economic development. It is City Council District 6 that has suffered the brunt of all the city’s ills with the highest violent crime and property crime rates, increased homelessness and the highest poverty rates in the city  with no economic development, all issues Jeff Hoehn knows about, has dealt with and knows what to do about.

The city and District 6  cannot afford any longer city councilors who makes promises and who offers only eternal hope for better times that result in broken campaign promises.  What is needed are city elected officials who actually know what they are doing, who will make the hard decisions without an eye on their next election, not make decisions only to placate their base and please only those who voted for them or the Mayor.

District 6 is entitled to a City Councilor who is ethical, who is above reproach, who knows how to manage finances both privately and in their private business dealings, who actually knows the problems of the district by actually living in the district for more than a few years.

Elect Jeff Hoehn City Councilor in District 6 on December 12.

 

Political Consultants Neri Holguin And Jay McCleskey Make “Big Bank” In 2023 City Council Races Charging Candidates Upwards Of 100% Of Taxpayer Public Financing; Holguin Behind “Political Hit Piece” In District 6 City Council Runoff Race; Public Financing Just Another Cash Cow For Political Consultants

The 2023 Municipal Races for City Council was highlighted by the fact that two of the most prominent political consultants in the business, one Democrat and one Republican, squared  off against each other, both having an element of contempt for members of their own party that do not fit their own personal agenda within their respective parties.  Review of campaign finance reports reveals that both charged essentially their candidate clients 100% of all that they raised or were given in public finance. The blog article is a summation of the what was paid to those consultants in the District 2, 4 and 8 City Council races followed by Analysis and Commentary. It also discusses how Mayor Tim Keller’s longtime political consultant and handler Neri Holguin inserted herself into the December 12 runoff election in the District 6 City Council race between Progressive Democrats Nichole Rogers and Jeff Hoehn with the use of a “politcal hit piece” in an effort to influence the election on behalf of Keller’s chosen candidate.

THE POLITICAL CONSULTANTS

Political Consultant Neri Holguin is the owner and primary principal of Holguin Consulting, Inc..  Neri Holguin has been a political consultant since at least 2007. Holguin Consulting, Inc.’s web page lists campaigns Holguin has successfully managed including Mayor Tim Keller, Albuquerque City Councilors Pat Davis, Isaac Benton, Joaquin Baca, Ray Garduno, Bernalillo County Commissioners Barba Baca, Eric Olivas, Debbie O’mally, Maggie Hart Stebbins and  Bernalillo County Sheriff John Allen.  Numerous State House Representatives and State Senator candidates are also identified.  What all of Holguin’s Democratic candidates have in common is that they are decidedly “progressive”, no moderate or conservatives Democrats need apply for her services.

Neri Holguin has an extensive history of being Mayor Tim Keller’s political advisor, confidant and campaign manager. Holguin managed one of Keller’s state senate races.  In  the 2017 Mayor’s race where Keller was first elected, she headed up the measured finance committee that raised $663,000 to promote Keller when he ran the first time. In  2021, Holguin was the paid campaign manager for Mayor Tim Keller’s successful re election bid against Bernalillo County Sherriff Manny Gonzales and radio talk show host Eddy Aragon.

In the 2023 City Council races, Political Consultant Neri Holguin and her firm Holguin Consulting, Inc. were  the politcal consulting firm in District 2 for Councilor Elect Joaquin Baca and in District 8 for Progressive Democrat Abby Foster who ran against and lost to Republican Incumbent Brook Bassan.

The link to Holguin Consulting, Inc.’s  web page that provides background on the services it provides and lists  clientele is here:

https://www.neriholguin.com/

Political Consultant Jay McCleskey is the primary principal in the firm McCleskey Media Strategies. The firm  is a full services public relations and marketing firm. The company provides direct mail services for political candidates for office targeting voters. It also produces radio and television advertising. The most notable clients the firm has provided politcal consulting services over the years has been former Governor Susana Martinez, Republican Senate and NM Governor candidate Mark Ronchetti, former Mayor Richard Berry and former Bernalillo County Sherriff Manny Gonzales who ran for Mayor in 2021. McCleskey Media Strategies over the years has provided campaign consulting services to numerous Republican City Council candidates including current  Republican City Councilors Dan Lewis,   Renee Grout  and Brook Bassan and former and long time Republican City Councilor Brad Winter.

In the 2023 City Council races, McCleskey Media Strategies was the politcal consulting firm to Incumbent Republican City Councilor Brook Bassan who successfully ran for re election in City Council District 4  and to Republican City Councilor Candidate Daniel Champaign in District 8 who won the race defeating Democrat Idalia Lechuga Tena. Both Bassan and Champaign qualified for public financing by securing the necessary number of $5.00 qualifying donations.

The link to the firms web site is here:

https://www.mccleskeymedia.com/

HOW PUBLIC FINANCE WORKS

Publicly financed candidates are required to solicit  qualifying donations of $5.00 to the city and those donations can only come from registered city voters in the City Council District. Qualifying publicly financed candidates for City Council are given a single lump sum of money from the city they can use to run their initial campaign and if they make it into a runoff election, they are given a significantly reduced lump sum amount in public financing for the runoff election.

All public finance campaigns and public finance candidates are required to agree to the spending caps in writing and are prohibited from soliciting and asking for any other cash donations.  Public finance candidates are normally at a distinct disadvantage to privately financed candidates when it comes to what can be raised and spent, unless they have a measured finance committee set up to promote their candidacy.

In the 2023 City Council races, candidates were required to collect $5  Qualifying Contributions from 1 percent of the registered voters in the district the candidate wishes to represent. The number of qualifying donations for each district was:

  • District 2: 381
  • District 4: 403
  • District 6: 333
  • District 8: 446

In the 2023 City Council races, the amount of public finance given to each of the candidates qualifying and the spending limits imposed were as follows:

  • District 2: $40,000.00
  • District 4: $40,262.00
  • District 6: $40,000.00
  • District 8: $44,577.00

EDITOR’S NOTE: The exact amounts varied slightly, either more or less, in each city council district dependent on the final count of registered voters in each of the 4 districts.  

DISTRICT 2 (DOWNTOWN, OLD TOWN, PARTS OF THE NORTH VALLEY AND WEST SIDE)

In City Council District 2, Neri Holguin’s firm Holguin Consulting, Inc.’s was the paid political consultant for Progressive Democrat City Councilor Elect Joaquin Baca who prevailed over two other candidates to win outright without a run off. Baca was a public financed candidate and was successful in collecting the required number of $5.00 donations.

Campaign Finance Reports filed with the City Clerk reveal that on August 4, Joaquin Baca was given the sum of $37,865.73 by the City of Albuquerque in public finance to run his campaign.  City Councilor elect Joaquin Baca’s Campaign Finance Reports reveal that  Holguin Consulting, Inc. was paid a combined total of $35,791,19 (Final Financial Statement, Financial Statements 11,10,9,8,7,6, and 5) for “Consulting and Staffing Services” of the $37,865.73 Baca received in public financing from the city.

The link to the finance reports file by Joaquin Baca  with the City Clerk is here:

https://campaignfinance.cabq.gov/PublicSite/SearchPages/OrganizationDetail.aspx?OrganizationID=7164

DISTRICT 4 (NORTHEAST HEIGHTS)

In the City Council District 4, Neri Holguin and her firm Holguin Consulting, Inc. and Jay McCleskey  and his firm McCleskey Media Strategies squared off against each other. It was Jay McCleskey’s candidate who won.

In City Council District 4, Neri Holguin’s firm Holguin Consulting, Inc.’s was the paid political consultant for Progressive Democrat Abby Foster who ran against and lost to Republican City Councilor Brook Bassan.  Bassan was a publicly finance candidate. Abby Foster, despite being a Progressive Democrat who supposedly embraces public financing of elections, did not seek public finance.

Review of Abby Foster’s  Finance Reports filed with the City Clerk reveals that Foster raised at least $63,117.78 in private financing  (Final finance report and finance reports 5,8,10 and 11)  and paid Holguin Consulting, Inc. at least $64,921.76 for consulting fees, staffing and mail services, more than the $63,117.78 she reportedly raised.

The link to the finance reports file by Abby Foster with the City Clerk is here:

https://campaignfinance.cabq.gov/PublicSite/SearchPages/OrganizationDetail.aspx?OrganizationID=7174

Campaign finance reports for Republican City Council Brook Bassan reflects that Bassan on September 4, 2023 was given by the City of Albuquerque the sum of $39,697.70  in public financing to run her campaign. Campaign finance Report statements 6,8,9,10,11 reflect that Jay McCleskey and McCleskey Media Strategies was paid a combined total of $37,413,08 for campaign consulting and design services out of the $39,697.70 given in public finance.

The link to review the Brook Bassan campaign finance reports is here:

https://campaignfinance.cabq.gov/PublicSite/SearchPages/OrganizationDetail.aspx?OrganizationID=7165

DISTRICT 8 (NORTHEAST HEIGHTS AND FOOTHILLS)

In City Council  District 8, Republican City Councilor Elect Daniel Champaign won the race defeating Democrat Idalia Lechuga Tena.

Campaign finance reports for Republican City Councilor Elect Daniel Champaign reflects that on September 4, 2023, the City of Albuquerque paid his campaign the sum of $44,102.75 in public financing to run his campaign. Campaign finance Report statements 5,8,10 and 11 reflect that Jay McCleskey and McCleskey Media Strategies was paid a combined total of $40,212.50 for campaign consulting and design services out of the $44,102.75 in public financing.

The link to review Daniel Champaign’s  campaign finance reports is here:

https://campaignfinance.cabq.gov/PublicSite/SearchPages/OrganizationDetail.aspx?OrganizationID=7165

POLITCAL HIT PIECE

A “political hit piece” is the lowest form and one of the  most unethical forms of negative campaigning used by bottom feeder political consultants to smear the reputation of an opponent with the use of lies, innuendo and guilt by association. It is often condemned by the public, especially by those who are the target, but used because negative campaigning works and it’s difficult to respond to by a candidate, especially at the end of a contentious campaign.

Political Consultant Neri Holguin inserted herself into the City Council District 6 run off race between Progressive Democrats  Nichole Rogers and Jeff Hoehn with a political hit piece against District 6 City Council Candidate Jeff Hoehn. On December 5 a “politcal hit piece” mailer was sent to all District 6 registered voters. The  flyer  was from Real New Mexico Leadership, the measured finance committee supporting Nichole Rogers and that Neri Holguin solicited  $12,000 in donations  to produce and distribute.

The politcal hit piece says in part “Jeff Hoehns biggest backer has the kind of record we don’t need in Albuquerque. … With friends like these, we can’t count on Jeff Hoehn to stand with us.”  The politcal hit piece then goes on to make the inflammatory accusations of “Sexual harassment reports by multiple woman”, “Discrimination against people of Color trying to buy homes”, “Paid $1.8 Billion jury veredict for inflating the price of home sales commissions.” The politcal hit piece uses a unflattering photo of Jeff Hoehn positioned next to the accusations ostensibly to imply that Hoehn condoned the conduct or was guilty of the same conduct. The very, very fine print that strains they eye to read at the bottom offers as a Fact Checker and identifies the National Association of Realtors who was accused of the conduct.

The political hit piece is a classic ploy used by Neri Holguin. It is referred to as a “guilt by association” political hit piece to disparage and align a political opponent. The measured finance committee, or Political Action Committee, “Help ABQ and National Association of Realtors” is the real subject  of the hit piece. Looking at the hit piece at a glance you would think it was Jeff Hoehn who was accused of sexual harassment and discrimination.

Under the City of Albuquerque’s campaign finance laws, a Measure Finance Committee is a political action committee (PAC), person or group that supports or opposes a candidate or ballot measures within the City of Albuquerque. Measure Financed Committees (MFA) are not required to get “permission or authorization” from candidates they support to spend money on their behalf, even if the candidate objects or tries to distance themselves from the MFA.

Pollical operative Neri Holguin knows full well what the truth is, what the law is, and knows when it comes to Measured Finance Committees or Political Action Committees such as “Help ABQ and National Association of Realtors”, candidates have no control over them nor what they do.  Holguin insists on promoting false narratives in her donation solicitation email as well as the politcal hit piece that because an endorsement has been given or a donation is made by a measured finance committee, that somehow Jeff Hoehn is affiliated with the PAC or donor, that he is relying on the PAC and he will do the donors bidding once elected which is simply a lie.

LEASONS LEARNED BY HOLGUIN FROM McCLESKEY

Holguin is known for making false and inflammatory allegations and smearing an opposing candidate not considered “progressive enough” to Holguin’s liking. The tactic she uses is “wedge politics” that pits her progressive candidates against any and all “moderate” or “conservative” Democrats, and where the opposition is progressive, she maligns them as not being true progressive.  This is the type wedge politics that is dividing the Democratic Party. Holguin has become the go to consultant for up and coming progressive Democratic Candidates for office.

Political Consultant Neri  Holguin is emulating the tactics when it comes to hit pieces historically used by Republican Political Consultant Jay McCleskey. Jay McCleskey perfected his campaign skills managing the campaigns of Republican Mayor Richard Berry and Republican Governor Susana Martinez and Republican House and Senate  candidates.  McCleskey had  no problem aggressively maligning Republican candidates who Republican Governor Susana Martinez felt got in her way.

Former Republican Governor Susana Martinez  was vicious in going after members of her own party who disagreed with her and she did that with McCleskey working for her.  Southern New Mexico rancher and Republican candidate for State Representative Scott Chandler settled a defamation lawsuit he filed claiming political consultant Jay McCleskey and the former Republican Governor’s political action committee circulated untruthful mailers about him during the 2016 campaign. The settlement agreement was reached 3 days after Chandler filed a motion asking a judge to add former Governor Susana Martinez as a defendant in the case. The motion was based on McCleskey’s statements in a  deposition that Martinez was critical in setting up the Advance New Mexico Now PAC and that she reviewed and approved its actions.

Chandler’s 2019 lawsuit alleged that McCleskey and Advance New Mexico Now PAC circulated two mailers about Chandler damaging his chances of winning a 2016 Republican primary election for House District 32. Chandler lost the primary by 16 votes. The lawsuit alleged that McCleskey and the PAC mailed fliers during the 2016 primary that asked, “How did a business accused of child abuse and torture AVOID government oversight?”

The fliers referred to a 2013 New Mexico State Police investigation of Chandler’s Tierra Blanca High Country Youth Program in Hillsboro, north of Deming. No criminal charges were ever filed as a result of the investigation. Chandler received legal settlements approaching $1 million from the state related to the investigation. The defamation suit against McCleskey also alleges that McCleskey advised then-Governor Martinez to execute the State Police search of Chandler’s ranch in October 2013.

The link to quoted source materials is here:

https://www.abqjournal.com/2448303/lawsuit-over-campaign-fliers-appears-settled.html

ANALYIS AND COMMENTARY

The city of Albuquerque has had public financing for the Office of Mayor and City Council since 2005. When it was first initiated, it was naively envisioned and believed that public financing would be used by the candidates themselves to run their campaigns.  It was never meant to create just another cash cow for political consultants to make a killing by grabbing as much taxpayer money as they can from the candidates over a 4 to 6 month period, but that’s what public financing has degenerated into.

file:///C:/Users/HP/Downloads/policyarchive_file_96100%20(2).pdf

Political consultant and Mayor Tim Keller confident Neri Holguin has become the Progressive Democrats version of what Republican political consultant Jay McCluskey is to the conservative Republicans. Over the years, Jay McCleskey  was twice the campaign manager for Mayor Richard Berry as well as numerous candidates for city council.

Both Holguin and McClesky have made very lucrative livings off of municipal candidates for public office getting their share of public financing, which is taxpayer money, for their political consulting services. Both engage in what is referred to as “slash and burn tactics” to disparage and malign the opposition.  Both represent what is so very wrong with politics in this day and age of Donald Trump.

FINAL COMMENTARY

Voters are  disgusted when it comes negative campaigning to smear the opposition.  The problem is that. although people condemn negative campaigning, it still works and is hard to overcome.

The influence of big money in elections allowed by the US Supreme Court decision in Citizens United is destroying our democracy. Many highly qualified candidates for office all too often do not bother to run because of the inability or difficulty raising the necessary money to run. Political campaign fundraising and big money influence are warping our election process. Money spent becomes equated with the final vote. Money drives the message, affects voter turnout and ultimately the outcome of an election.

Public financing has just become another cash cow for political consultants.

 

Mayor Tim Keller’s “Politcal Tool” Neri Holguin Involved  In 3 City Council Races; Controversy Surrounds Keller’s Interference With District 6 City Council Race; One Nasty Little Politcal Hit Piece; Candidate Nichole Rogers Under Scrutiny; High Paid Politcal Consultants Democrat Holguin And Republican McCleskey Use Identical Tactics Of Negative Campaigning  

It has now become abundantly clear that in the 2023 municipal elections for city council, Mayor Tim Keller, his politcal operative Neri Holguin and Keller supporters inserted themselves into the 3 city council races for City Council Districts 2, 4 and 6.  Keller took an active roll in trying to elect city councilors who would support his progressive agenda over the final 2 years of his second term to set himself up to run for a third term in 2025. Keller has already made it known to top aides he intends to run for a third term.

HOLGUIN CONSULTING, INC.

Neri Holguin is the owner and primary principal of Holguin Consulting, Inc. Neri Holguin has been a political consultant since at least 2007. Holguin Consulting, Inc.’s web page lists campaigns Holguin has successfully managed including Mayor Tim Keller, Albuquerque City Councilors Pat Davis, Isaac Benton, Joaquin Baca, Ray Garduno,  Bernalillo County Commissioners Barba Baca, Eric Olivas, Debbie O’mally, Maggie Hart Stebbins and  Bernalillo County Sheriff John Allen.  Numerous State House Representatives and State Senator candidates are also identified.  What all of Holguin’s Democratic candidates have in common is that they are decidedly “progressive”, no moderate or conservatives Democrats need apply for her services.

The link to Holguin Consulting, Inc.’s  web page that provides background on the services it provides and lists  clientele is here:

https://www.neriholguin.com/

Neri Holguin has an extensive history of being Mayor Tim Keller’s political advisor, confidant and campaign manager. Holguin managed one of Keller’s state senate races.  In  the 2017 Mayor’s race where Keller was first elected,  she headed up the measured finance committee  that raised  $663,000 to promote Keller when he ran the first time.  In  2021, Holguin was the paid campaign manager for Mayor Tim Keller’s successful re election bid against Bernalillo County  Sherriff Manny Gonzales and radio talk show host Eddy Aragon.

DISTRICT 2 (DOWNTOWN, OLD TOWN, PARTS OF THE NORTH VALLEY AND WEST SIDE)

In City Council District 2, Neri Holguin’s firm Holguin Consulting, Inc.’s was the paid political consultant for Progressive Democrat Joaquin Baca  who prevailed over two other candidates to win outright without a run off. Baca was a public financed candidate and was successful in collecting the required number of $5.00 donations.

Campaign Finance Reports filed with the City Clerk reveal that on August 4, Baca was given the sum of $37,865.73 in city funding to run his campaign.   Baca’s Campaign Finance Reports also reveal that  Holguin Consulting, Inc. was paid a combined total of $35,791 (Final Statement, Financial Statements 11,10,9,8,7,6, and 5) for “Consulting and Staffing Services” of the $37,865.73 Baca received in public financing from the city.

The link to the finance reports file by Joaquin Baca  with the City Clerk is here:

https://campaignfinance.cabq.gov/PublicSite/SearchPages/OrganizationDetail.aspx?OrganizationID=7164

DISTRICT 4 (NORTHEAST HEIGHTS)

In City Council District 4, Neri Holguin’s firm Holguin Consulting, Inc.’s was the paid political consultant for Progressive Democrat Abby Foster who ran against and lost to Republican City Councilor Brook Bassan.  Bassan was a publicly finance candidate. Abby Foster, despite being a Progressive Democrat who supposedly embraces public financing of elections, did not seek public finance.

Review of Abby Foster’s  Finance Reports filed with the City Clerk reveals that Foster raised at least $63,117.78 in private financing  (Final finance report and finance reports 5,8,10 and 11)  and paid Holguin Consulting, Inc. at least $64,921 for consulting fees, staffing and mail services, more than the $63,117.78 she reportedly raised.

The link to the finance reports file by Abby Foster with the City Clerk is here:

https://campaignfinance.cabq.gov/PublicSite/SearchPages/OrganizationDetail.aspx?OrganizationID=7174

DISTRICT 6 (NOB HILL, INTERNATIONAL DISTRICT) 

Confidential sources have confirmed that Rogers received significant help from at least 2 top aides of Mayor Tim Keller. Those Keller top aides assisted in collecting nominating petitions signatures and qualifying $5 donations Rogers needed to secure public financing of $36,917.30. It is unknown if the campaigning was done on city time.

Neri Holguin briefly consulted the Nichole Rogers campaign at the start of the regular election. Sources have confirmed that a falling out occurred between Rogers and Holguin over the extent to which Rogers was committed to do what was required of her and following Holguin’s instructions.

COMMENTARY AND ANALYSIS

KELLER USES HOLGUIN AS “POLITICAL TOOL”

On December 5, City Council District 6 Candidate Jeff Hoehn in response to false and misleading accusations made by Neri Houlgin in the political blog “New Mexico Politics With Joe Monahan”, confirmed that Neri Holguin called him in April of this year to convey to him Mayor Tim Keller’s  message that he should not run for City Council.  It is understood that Neri Holguin told Jeff Hoehn in no uncertain terms that he could not win and not to run and that he would not be receiving the support of Mayor Tim Keller if he did run. In particular, Keller was said to want a “woman of color” to be elected and Nichole Rogers fit the profile.

HOLGUIN FUND RAISES FOR MEASURED FINANCE COMMITTEE

Now that Nichole Roger’s has made it into the runoff, Neri Holguin has taken to  soliciting donations on behalf the measured finance committee that is supporting Nichole Rogers and has produced a  false and misleading political hit piece against Jeff Hoehn.

On November 29, Holguin sent out a campaign solicitation asking the question “Will you support Nichole Rogers for City Council District 6?  In her solicitation correspondence, Holguin proclaims $12,000 was needed to be raised but she  does not say what it will be used for.  The correspondence makes the  inflammatory accusations that “Jeff Hoehn despite being a Democrat, didn’t qualify for public financing and has relied heavily on a PAC funded by real estate/oil and gas/Republican donors to prop up his campaign.”  Holguin identifies the measured finance committee backing Jeff Hoehn as  “HELP ABQ & The National Realtors Association”

There is no way it can be said Jeff Hoehn is being propped up by oil and gas interests nor by  developers in that he has raised on his own over $47,000 and has spent upwards of $40,000 on his campaign to make it to the runoff.   No donations from oil and gas donors nor from major developers such as NAIOP can be found when you review his campaign finance reports. 

Progressive Democrat Jeff Hoehn has said repeatedly that he entered the race very late and consequently he had to go the private finance route. Hoehn’s campaign has been successful with private fund raising. Review of all Campaign Finance Reports filed with the City Clerk, which includes 3 Run Off Finance Reports, reflects Jeff  Hoehn has raised $47,261.61 in cash contributions and $39,773.39 in campaign expenditures to date with no loans reported as due and owing. $1,010,21 in “in-kind” contributions are reported.

When you study Hoehn’s campaign finance reports you find his donations are coming from District 6 residents and small businesses in District 6 with many coming from neighborhood activists in the District. Jeff  Hoehn’s campaign has raised money from neighbors, friends and family members.  

There are absolutely NO donations from people associated with oil and gas interests nor from major city developers. According to Hoehn’s 3rd and latest Runoff Financial statement he has a cash balance of $3,798.07.  Much more is expected to be reported in in the next report due after the December 12 election.

The link to review Jeff Hoehn’s Campaign Finance Reports is here:

https://campaignfinance.cabq.gov/PublicSite/SearchPages/OrganizationDetail.aspx?OrganizationID=7168

Contact was made with City Council District 6 candidate Jeff Hoehn and he revealed he has in fact turned down donations from the likes of the National Association of Industrial and Office Parks (NAIOP) and developers and others he does not know nor major Real Estate Companies. He has not solicited any donations from the oil and gas industry, the real estate community nor Republicans as implied by Neri Holguin’s fund-raising effort for Rogers.

ONE NASTY LITTLE POLITCAL HIT PIECE

A “political hit piece” is the lowest form and most unethical form of negative campaigning used by bottom feeder political consultants to smear the reputation of an opponent with the use of lies. It is often condemned by the public, especially by those who are the target, but used because negative campaigning works and it’s difficult to respond to by a candidate, especially at the end of a contentious campaign.

It did not take long to find out what the $12,000 was going to be used for which was a “politcal hit piece” on Jeff Hoehn.  On December 5 a “politcal hit piece” mailer was sent to all District 6 registered voters. The  flyer  was from Real New Mexico Leadership, the measured finance committee supporting Nichole Rogers and that Neri Hoguin solicited the $12,000 in donations for.

The politcal hit piece says in part  “Jeff Hoehns biggest backer has the kind of record we don’t need in Albuquerque. … With friends like these, we can’t count on Jeff Hoehn to stand with us.”  The politcal hit piece then goes on to make the inflammatory accusations of “Sexual harassment reports by multiple woman”, “Discrimination against people of Color trying to buy homes”, “Paid $1.8 Billion jury veredict for inflating the price of home sales commissions.” The politcal hit piece uses a unflattering photo of Jeff Hoehn positioned next to the accusations ostensibly to imply that Hoehn condoned the conduct or was guilty of the same conduct. The very, very fine print that strains they eye to read at the bottom offers as a Fact Checker and identifies the National Association of Realtors who was accused of the conduct.

The political hit piece is a classic ploy used by Neri Holguin. It is referred to as a “guilt by association” political hit piece to disparage and align a political opponent. The measured finance committee, or Politcal Action Committee, “Help ABQ and National Association of Realtors” is the real subject  of the hit piece. Looking at the hit piece at a glance you would think it was Jeff Hoehn who was accused of sexual harassment and discrimination.

Under the City of Albuquerque’s campaign finance laws, a Measure Finance Committee is a political action committee (PAC), person or group that supports or opposes a candidate or ballot measures within the City of Albuquerque. Measure Financed Committees (MFA) are not required to get “permission or authorization” from candidates they support to spend money on their behalf, even if the candidate objects or tries to distance themselves from the MFA.

Pollical operative Neri Holguin knows full well what the truth is, what the law is, and knows when it comes to Measured Finance Committees or Political Action Committees such as “Help ABQ and National Association of Realtors”, candidates have no control over them nor what they do.  Holguin insists on promoting false narratives in her donation solicitation email as well as the politcal hit piece that because an endorsement has been given or a donation is made by a measured finance committee, that somehow Jeff Hoehn is affiliated with the PAC or donor, that he is relying on the PAC and he will do the donors bidding once elected which is simply a lie.

NEW MEXICO SUN ARTICLE

On December 5, the online news agency NM Sun published the following news article:

HEADLINE: “Controversy surrounds ABQ Mayor Tim Keller’s alleged political assistance in District 6 race; Candidate Nichole Rogers under scrutiny”

“In the run-up to the Dec. 12 runoff election for District 6, Mayor Tim Keller is facing allegations of backing specific candidates through his political apparatus and influencing city employees to support his chosen contenders.

While Keller is accused of supporting several candidates behind the scenes, the focus has intensified on the District 6 race, where progressive Democrat Pat Davis is stepping down.

Sources reveal that Keller has been actively involved in the campaign of Nichole Rogers since its inception, with suggestions that his support may extend into the runoff.

Rumors have been circulating that Rogers has privately informed progressive Democrats in District 6 that she is Keller’s chosen candidate to succeed Pat Davis, who is known to be an ally of the mayor.

The alleged interference in the race has raised concerns about the impartiality of the electoral process and the extent of Keller’s influence over the candidate selection.

Sources confirmed that Keller’s team reached out to candidate Jeff Hoehn even before he officially announced his candidacy. Hoehn was reportedly informed unequivocally that he could not win and should refrain from running, as he would not receive the support of Keller.

Confidential sources have identified Joaquin Baca, Abby Foster and Rogers as Mayor Keller’s favored candidates for Districts 2, 4 and 6, respectively.

Keller’s campaign did not respond to an interview request from the New Mexico Sun.

Early voting began Nov. 21 and will continue until Dec. 9, with Election Day on Dec. 12, and voters can utilize either option, while absentee voters should request applications by Nov. 28.

Rogers’ background has received extra attention from blogger Pete Dinelli.

In a post, Dinelli dug into the background of Rogers revealing a history of civil litigation involving debt collections, evictions and property liens.

Dinelli also highlighted undisclosed misdemeanor convictions, failure to file required documentation for her nonprofit and questions about Rogers’ residency in District 6.

Dinelli uncovered misdemeanor traffic offense convictions that Rogers did not disclose in her candidate questionnaire to the Albuquerque Journal, and questions have been raised about her residency in District 6, suggesting she may have lived on the Westside while using a property she owns in District 6 for candidacy purposes.

Dinelli’s review of court docket records shows 7 civil litigation cases involving nonpayment of rent, judgments and garnishments linked to a person believed to be Rogers.

Despite being provided with the list of cases, Rogers declined to verify her involvement in them in a November 24 email.

A review of Bernalillo County Clerk records reveals that two liens were filed on a residence owned by Rogers, the address she provided as her residence for City Clerk records.

The liens, filed by the City of Albuquerque for delinquent water, sewer and solid waste charges, totaled $591.75 and $1,457.52, respectively, with the latter lien released on Aug. 11, 2022.

Rogers’ claim of residing in District 6 for six years, a requirement for candidates, was also challenged by Dinelli as county records show she purchased the home in question five years ago in 2018.

Confidential sources and neighbors suggest that the property may have been rented out, and concerns are raised about Rogers’ actual occupancy due to reports of disrepair, neglect and the recent cleaning up of the front yard.

Rogers faced scrutiny from the Albuquerque Journal over her nonprofit, Welstand Foundation, which has raised funds despite being delinquent in paperwork with the AG’s Office, Secretary of State and the IRS.

Rogers, who says the foundation effectively disbanded in 2021, acknowledged oversights and is working to get paperwork up to date, including IRS and AG submissions.

The foundation’s solicitation of donations has raised concerns, prompting the AG’s office to look into the matter, while Rogers views the situation as a learning experience.

The New Mexico Sun also touched on the issue noting IRS revoked the foundation’s tax-exempt status in May 2022, while the Secretary of State listed it as “active” but “not in good standing” and that Rogers faces questions about the foundation’s operations and fundraising activities while not in compliance with state and IRS requirements.”

The link to the New Mexico Sun article is here:

https://newmexicosun.com/stories/652842160-controversy-surrounds-abq-mayor-tim-keller-s-alleged-political-assistance-in-district-6-race-candidate-nichole-rogers-under-scrutiny

ROGERS FAILING FORWARD CANDIDACY NO CLEAR CHOICE

Neri Holguin in a fund-raising plea for the benefit of Nichole Rogers and on behalf of a political Measured Finance Committee sent correspondence where she smears Hoehn by saying this:

“We can elect Nichole, the clear progressive choice for this election, but we need your help. …  We need Nichole because we can not afford a more right-towards tilt on the City Council!”

There will be no so called “more right-towards tilt on the City Council”  as Holguin implies if Jeff Hoehn is elected given the fact he is a decidedly Progressive Democrat.  Jeff Hoehn has been Democrat all of his life, and works with nonprofits and works directly with progressive organizations and elected officials on many levels.

Holguin calling Nichole Rogers the clear progressive choice for District 6 is so very laughable and so very wrong on so many levels.   Rogers’ campaign has been severely damaged as a result reports of a disturbing history of civil litigation involving debt collections and evictions, property liens, misdemeanor convictions, failure to file state and federal documentation for the non-profit she runs and questions if she has really lived in the district for 6 years as she claims or if she is living in an apartment on the West side with her family.  She has admitted to the mismanagement of her nonprofit.

When the news reports first broke on Roger’s problems relating to her nonprofit, Rogers admitted that she mishandled her charitable non-profit, which benefited from both private contributions and COVID relief money from the city. Rogers claimed her conduct was not disqualifying.  Rogers said this:

“I am a person who has had successes and has had failures. But I really believe in failing forward. When you know better, you do better and I’m someone who can teach folks to watch out for these pitfalls.” 

When confronted with her history of litigation and legal problems and asked to confirm if she was the named defendant in the cases, she declined to do so and said this:

“I have discussed a lot of this openly during my campaign, I have TRUE lived experience with being unable to pay rent on time, with poverty, and with navigating systems. … I would love to talk about how my own experience with poverty has led me to be where I am today.  As a victim of identity theft, I do not share personal information via email or over the phone.”

Nichole Rogers boldly proclaims that she “really believe[s] in failing forward” and that  she has “TRUE lived experience.” How about just not failing by following the law, knowing better, taking full responsibility for your mistakes and not repeating them and not deflecting the truth. How about paying your debts, securing mandatory car registrations and car insurance, and attending scheduled court hearings to avoid bench warrants being issued for your arrest.

The blunt truth is Nichole Rogers has not been forth coming.  Her credibility is in serious doubt because of falsehoods and failures to disclose. She has failed to be completely transparent when it comes to her litigation history and her residence.

MCCLESKEY MEDIA STRATEGIES

Neri Holguin and her politcal consulting firm  Holguin Consulting, Inc. are not the only ones that have made a buck from public financing which is taxpayer money.  Political Consultant Jay McCleskey is the primary principal in the firm McCleskey Media Strategies. The firm  is a full services public relations and marketing firm. The company provides direct mail services for political candidates for office targeting voters. It also produces radio and television advertising. The most notable clients the firm has provided politcal consulting services over the years has been former Governor Susana Martinez, Republican Senate and NM Governor candidate Mark Ronchetti, former Mayor Richard Berry and former Bernalillo County Sherriff Manny Gonzales who ran for Mayor in 2021. McCleskey Media Strategies over the years has provided campaign consulting services to numerous Republican City Council candidates.

The link to the firms web site is here:

https://www.mccleskeymedia.com/

In the 2023  City Council races, McCleskey Media Strategies was the politcal consulting firm to Incumbent Republican City Councilor Brook Bassan who successfully ran for re election in City Council District 4  and to Republican City Councilor Candidate Daniel Champaign in District 8 who won the race defeating Democrat Idalia Lechuga Tena. Both Bassan and Champaign qualified for public financing by securing the necessary number of $5.00 qualifying donations.

Campaign finance reports for Republican City Council Brook Bassan reflects that Bassan on September 4, 2023 was given by the City of Albuquerque the sum of $39,697.70  in public financing to run her campaign. Campaign finance Report statements 6,8,9,10,11 reflect that McCleskey Media Strategies was paid a combined total of $37,413,08 for campaign consulting and design services out of the $39,697.70 given in public finance.

The link to review the Brook Bassan campaign finance reports is here:

https://campaignfinance.cabq.gov/PublicSite/SearchPages/OrganizationDetail.aspx?OrganizationID=7165

Campaign finance reports for Republican City Councilor Elect Daniel Champaign reflects that on September 4, 2023, the City of Albuquerque paid his campaign the sum of $44,102.75 in public financing to run his campaign. Campaign finance Report statements 5,8,10 and 11 reflect that McCleskey Media Strategies was paid a combined total of $40,212.50  for campaign consulting and design services out of the $44,102.75 in public financingx

The link to review Daniel Champaign’s  campaign finance reports is here:

https://campaignfinance.cabq.gov/PublicSite/SearchPages/OrganizationDetail.aspx?OrganizationID=7165

FINAL ANALYIS AND COMMENTARY

Political consultant and Mayor Tim Keller confident Neri Holguin has become the Progressive Democrats version of what Republican political consultant Jay McCluskey is to the conservative Republicans. Over the years, McClusky was twice the campaign manager for Mayor Richard Berry as well as numerous candidates for city council. Both have made very lucrative livings off of municipal candidates for public office getting their share of public financing, which is taxpayer money,  for their political consulting services. Both engage in what is referred to as “slash and burn tactics” to disparage and malign the opposition.  Both represent what is so very wrong with politics in this day and age of Donald Trump.

Holguin is known for making false and inflammatory allegations and smearing an opposing candidate not considered “progressive enough” to Holguin’s liking. The tactic she uses is “wedge politics” that pits her progressive candidates against any and all “moderate” or “conservative” Democrats, and where  the opposition is progressive, she  maligns them as not being true progressive.  This is the type wedge politics that is dividing the Democratic Party. Voters are also so disgusted when it comes to measured finance committees misleading people and negative campaigning to smear the opposition.

The problem is that although people condemn negative campaigning, it still works and is hard to overcome. The influence of big money in elections allowed by the US Supreme Court decision in Citizens United is destroying our democracy. Many highly qualified candidates for office all too often do not bother to run because of the inability or difficulty raising the necessary money to run.

Political campaign fundraising and big money influence are warping our election process. Money spent becomes equated with the final vote. Money drives the message, affects voter turnout and ultimately the outcome of an election.

Links to related Dinelli blog articles are here:

https://www.petedinelli.com/2023/12/04/mayor-kellers-political-operative-neri-holguin-fund-raises-for-discredited-district-6-city-council-candidate-nichole-rogers-false-and-misleading-attacks-on-progressive-democrat-jeff-ho/

https://www.petedinelli.com/2023/12/05/city-council-district-6-progressive-candidate-jeff-hoehn-responds-to-mayor-kellers-political-operative-neri-holguin-reveals-holguin-was-politcal-tool-used-by-keller-t/