Eye On Albuquerque

Livin' the Dream - Paid to Not Work

2009-07-13T16:16:00.003-06:00

Back in January we told you about the impact that the downturn in the economy has had on the city's building inspectors. Actually, the inspectors were probably not complaining as they were being paid to not work (read it here).

Apparently city pay for nothing has spread to the Human Resources Department. KOAT-TV is promoting a Wednesday story by Target 7's Melissa Vega on "City Workers Getting Paid for Doing Nothing." It's pretty obvious that with the economic downturn and the utter failure of Obamanamics, departments that thrive during a healthy economy would see a drastic reduction in work.

Unfortunately, our Eyes tell us that pay for nothing has spread to the specialized units of the Albuquerque Police Department. It seems that a number of these units have begun a practice of having early briefings, going home for a few hours, and then returning to work the remainder of their shift. In some cases, they'll even clock over-time when their jobs take them into the wee hours of the morning.

We can almost understand why HR personnel and building inspectors are left with nothing to do. When there's no work to do, there's no work to do. That doesn't mean that we should pay for workers to do nothing. In fact, the practice is a colossal waste of taxpayer money.

However, there is no excuse for officers in these specialized units to be riding and hiding especially during challenging economic times. Shifts for APD's specialized units need to coincide with the times when they are expected to be needed. Briefings should take place immediately before the rush hours and should we all be lucky enough that they're left with nothing to do - they should make themselves available to take calls for service. After all, these are sworn officers being paid to do a job we shouldn't be paying them not to work.

AFSCME Endorsement Furor Eerily Familiar

2009-07-09T14:08:00.003-06:00

The New Mexico Independent has been doing some pretty good reporting on the controversy brewing in halls of AFSCME Local 624. For the first time the union that represents the city's blue collar workers has endorsed The Almighty Alcalde.

Historically the union has shunned mayor-for-life Chavez in favor of shall we say... more liberal candidates like former councilor and mayoral candidate Eric Griego. But something changed this year when the Local 624's parent union AFSCME Council 18 endorsed non-candidate Chavez - who didn't bother attending their mayoral forum - back in May.

It appears the blue collar workers want their voices to be heard on the question of who they think should be mayor.

So the blue-collar workers are going to poll the workers and then release the results to see who they truly think should be running the city.

Every time I hear about the AFSCME endorsement of Chavez, I remember back to the mayoral candidates forum where Chavez sent a representative instead [of] appearing himself.
-NMFBIHOP

It all came to a head last Thursday when two union leaders apparently came to blows (or blow) and APD was called.

According to Sanchez, the union needed 10 percent of its members to vote last Thursday in order to make the vote a legitimate representation of the membership. Ultimately, 91 members voted out of a total of 850 members.

Things got heated, Sanchez alleged, when the local’s president, Steve Griego, tried to impede the effort by calling members and telling them the voting would be over by 3 p.m.
- New Mexico Independent

After the vote was completed and the police reports filed, 100 or so members of Local 624 had cast their votes. Wednesday night those votes were to be counted, but union President Steven Griego shut it down.

“It’s gotten out of hand,” Griego said, referring to his fellow union members. Some of those members shouted angrily at Griego as he walked out of a large conference room without acknowledging their taunts.
- New Mexico Independent

The vote wouldn’t have amounted to an official endorsement, or lack thereof, by Local 624, but it would have allowed members to express themselves on the mayor’s race.

“I said let’s get the members, let them have a voice,” said local 624 treasurer Lawrence Mora.

“It’s our local. They’re shanghai-ing this thing,” Jake Romero, another member, said referring to Council 18.
- New Mexico Independent

The endorsement furor reminded us of the "fix is in" attitude over at the APOA. Our Eyes tell us that APOA President Joey Segalla has decreed that His Almightiness "will receive" the union's endorsement.

Like AFSCME, endorsements at the APOA are generally determined by a political action committee. The sizesof these committees vary, but the general membership has no input on the final say so.

The APOA political action committee has traditionally held interviews with candidates to determine which candidate will receive their endorsement. And this year was no different... except that the interviews were held back in January when there was but one announced candidate - Michael Cadigan.

According to our Eyes the only candidate interviewed that is still in (or not yet in) the race is one Martin Chavez. Apparently, union President Segalla told committee members that he would send out candidate questionnaires, but to date no one has seen the questions or the answers.

More importantly, the endorsement vote was held in the union offices with but a few hours notification. Even committee members don't know who was present, how many voted and for whom even though the vote was supposedly "unanimous." But it seems that having a fair and accurate vote is less important to current President Segalla and Past-President Olivas than making sure that the endorsement goes to Marty.

[Sidebar]
We've been hearing allegations for years that the path for a police officer without rank to a comfortable position with the city is through the APOA presidency. Consider Lawrence Torres who used to negotiate contracts for the union, now negotiates on behalf of the city orr Ron Olivas receiving a "cush" job over at SID.

It's too bad that term limits have been ruled unconstitutional. The longer an executive sits in office the more power they garner to themselves and the more self-seeking and unscrupulous people try to curry favor.
[End Sidebar]

Looks like a couple of union votes have been shanghaied so far and our Eyes tell a tale of similar happenings over at the Albuquerque Fire Department where they've endorsed un-candidate Chavez, yet many of the rank and file are reportedly supporting Berry.

So... when you see the smiling faces of the APOA's Joey Segalla, Albuquerque Area Fire Fighters' Diego Arencon, or AFSCME's Steven Griego, understand that even in the best of times their union endorsements don't represent the opinions of all of their members. In this case, in this election year, it seems as if the fix is in and the endorsements they present to the public are nothing more than the result of a rigged process designed to favor a mayor that would be king.

A COG in the Government Works

2009-07-08T21:48:00.006-06:00

The Mid-Region Council of Governments... a quasi governmental agency made up of indirectly elected officials. The members are actually elected officials from regional governments like the City of Albuquerque, The Village of Los Ranchos, Bernalillo County, etc.

MRCOG was the brain child of the New Mexico Legislature and its "intent" was to create a body where regional governmental agencies could meet and create a coordinated policy for things like transportation.

The concept sounds good, but in practice MRCOG and other quasi governmental agencies simply serve to provide cover for elected officials. In fact, it's not unusual for the appointed members representing to send alternates rather than attend themselves even when they're deciding to spend $350 MILLION in "stimulus" money.

A week ago, we talked about the "common sense" that broke out over at MRCOG when the body's Metropolitan Transportation Board (MTB) decided that fixing the I-25/Paseo Del Norte interchange was important enough to make it a priority for Obama's borrowed money (read it here).

The post started a bit of a brouhaha in the comment section about which governments sent representatives and which of their elected officials felt that spending $350 MILLION wasn't worth their time.

We got our Eyes on a copy of the MTB Action Summary from the June 25th meeting. We found that indeed the three members from the Bernalillo County Commission (Commissioners Armijo, De La Cruz, and Wiener) were not present and didn't feel that $350 MILLION was worth sending even an alternate.

The City of Albuquerque was well represented with Councilors Cadigan, O'Malley (Chair), and Benton attending personally. Councilor Sanchez sent Tom Menicucci, and Councilor Harris sent his policy analyst Isaac Padilla.

We won't bore you with the rest of the guest list but suffice it to say that even with the alternates they just barely had a quorum (read the action report here).

Attendance is just one of the problems. MRCOG is just one branch of a bureaucratic canopy that gives cover to the politicians below. They decide how to spend hundreds of MILLIONS of taxpayer dollars in virtual darkness with little or no public comment and with little public scrutiny except for a press release, a post on their website, and a short story in the Journal - all talking about the wonderful job MRCOG is doing spending our money.

Another little issue is one of representation. Sure the members of MRCOG are elected officials, but not every taxpayer has one of their representatives on the committees that are making decisions that cost each of us and in this case... our children.

Last we checked we fought a war about taxation without representation. Of course, that was 233 years ago since that time governments and politicians have gotten a whole lot more creative when it comes to taxing us and hiding their involvement.

Unfortunately, there are far too many cogs in this governmental wheel - all of them working together to reduce the accountability of our elected officials.

------ Another Thought -----
Our contention is that these quasi governmental agencies largely fly "under the radar" and receive little public scrutiny. One indication of just how little the public pays attention to cogs like MRCOG is that in the two meetings that we have action summaries for, there wasn't a single member of the public who made a single statement... not even Geraldine Amato.

Ms. Amato - the Queen of Public Comment - spends most of her time at city hall extolling the dangers of "international banking conspiracies" to the City Council and their County Commission counterparts. If you've ever attended a meeting of either body, you know who she is.

The fact that not even Ms. Amato speaks out at MRCOG meetings shows just how hidden the body's activities are. Of course, now that we've pointed it out meetings at MRCOG may be getting considerably longer.

Abating the Abaters

2009-07-06T17:20:00.000-06:00

The City of Albuquerque has an aggressive policy designed to get rid of substandard properties and unruly businesses. The idea is to use city resources and departments to basically harass a business or property owner until they either clean up their act, close their doors, or sell the property. The city's nuisance abatement team is a combination of code inspectors and law enforcement working together to become a nuisance to the nuisance purveyors headed by Chief Public Safety Officer Pete Dinelli.

Back in April, the Journal reported that three detectives and two inspectors had been suspended for passing around a "distasteful montage of pictures." We know what immediately springs to mind - a bunch of photos ala Abu Grab.

"We are taking extremely aggressive action," said Albuquerque Chief Public Safety Officer Pete Dinelli, who directly oversees the Safe City Strike Force. "The alleged conduct was inappropriate and unprofessional, but in no way was it criminal."

Police officials said Dinelli was informed about the montage of pictures after a meeting Tuesday. Police officials would not discuss specifically what was in the photographs.
- ABQ Journal (Subscription)

The short story didn't really come to our attention until just recently when a different version of events reached us through our Eyes. Apparently, the Safe City Strike Force had a meeting back in April where the leader of the group Pete Dinelli instructed officers to obtain search warrants in every situation where they were conducting searches of "nuisance" properties.

That sounds right. Everyone who's ever watched a cop show knows that the police need a warrant to search a private property - unless of course the officers are invited in by someone who has the authority to allow a search - someone like a tenant.

In fact, the unit has always obtained search warrants in any case where they had not been allowed to search the premises by a party who had the authority to do so. In cases where an authorized party allowed a search, officers carried a form and only performed a search after obtaining the signature of an authorized party.

According to our Eyes, Dinelli wanted the unit to put the kibosh on the authorized but non-search warrant searches because it's an election year. Apparently, the Chief Public Safety Officer didn't have a problem with the searches until his boss' (and his) job is on the line.

Our Eyes tell us that the photo montage suspensions are just an excuse to let the officers know that they're to tow the line. More importantly, the Eyes have it that Dinelli knew about the photos which were of a card placed in a strategic location after a successful abatement.

Look, the whole nuisance abatement concept bothers us for many reasons - the most important of which is that it's far too easy for a unit designed to clean up crack houses and prosecute slum lords to be used to harass law abiding property owners. It can also be used to steal MILLIONS of dollars from motorists through red light scam-eras... but we digress.

If we're going to have a nuisance abatement unit, it better have strict procedures and be monitored closely for potential abuse. That being said, the process should not be determined by the calendar. More specifically, it should not be determined by whether or not The Almighty Alcalde is up for re-election (to his 4th term).

If the unit is operating effectively, within the law, and not being used to harass, bully, or blackmail property owners then its operation should not change simply because the boss is up for re-election. Abating the abaters for political purposes is an abuse of the system and just as wrong as misusing the city's nuisance abatement process to harass an innocent property owner.

Independence

2009-07-03T20:14:00.000-06:00

233 years ago a group of farmers, lawyers, plantation owners, doctors, and businessmen risked their fortunes and their lives in order to dissolve the ties that bound them to a tyrant. Theirs was a quest for freedom - for liberty - and it started with a declaration of their independence.

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them...
- The Declaration of Independence

These men well understood what independence was. They knew that they were facing one of the world's superpowers both on land and at sea. While they had hopes of forging alliances, there were no guarantees, no one to save them should they falter nothing but their own resolve and courage.

Independent
The state or quality of being independent; freedom from dependence; exemption from reliance on, or control by, others; self-subsistence or maintenance; direction of one's own affairs without interference.
- BrainyQuote.com

These brave souls were renouncing a secure future in favor of freedom. They found freedom more appealing than tyranny and freedom cannot exist without independence.

It's not surprising really. People that came to the American Colonies at the time were independent by nature. They chose to leave the "civilized" countries of Europe, to risk it all in a land that was largely unexplored and under populated. A land where simple survival was often a daunting task. A land ill-suited to the faint of heart, but a land whose distance from Europe made it largely possible for one to chose their own destiny.

That was until the Old World started to exert its authority over the New in order to control its wealth. The colonials of the time got little from the English government, yet much was taken. For that reason and many others they severed their ties to a government and king who were becoming more and more tyrannical.

Ultimately, the English colonies in America won their freedom and formed the United States of America. Since that time, our spirit of self-reliance and our collective determination to succeed has made us the greatest nation in history. But it all started with independence from Great Britain.

Independence. Independence is more than simple freedom. It's the freedom to chose, freedom to succeed, and freedom to fail all wrapped up in one word. It means that you're responsible for every choice, every mistake, every victory.

Independence is the bedrock upon which our country was built and it is fitting that its declaration was the first step toward a new country built upon that very principle.

Unfortunately, independence itself is under assault. Its opponents would create a system of laws purported to achieve some elusive yet admirable goal - the effect of which is to create dependence on an outside party.

Whether it's global warming (or the absurd and cynical label of "climate change"), or health care, or the economy, the solutions proposed by the enemies of independence always create dependence on government. Dependence destroys freedom as no one can be truly free when they are dependent upon another.

There's little doubt that we live in a great country. But we wonder how long our freedoms will endure when dependence is not only being encouraged but forced upon the public. Independence built this country. Its demise will surely be its downfall.

This Independence Day, consider those things that you depend on and whether or not you have a choice. If you cannot chose to be independent you are not truly free.

Common Sense Breaks Out at MRCOG

2009-07-01T22:52:00.002-06:00

While Marty pines away for his personal choo-choo, it looks like common sense has broken out over at the Mid-Region Council of Governments (MRCOG). The Albuquerque Journal (subscription) is reporting that the group's Metropolitan Transportation Board has directed MRCOG to apply for a federal TIGER grant - a part of the stimulus bill passed by Obama's Congress - to pay for the $350 MILLION interchange.

It is also about fixing a "failing intersection" that connects the east and west sides of the metro area and sits in the middle of a major job center.

About 170,000 vehicles a day pass through the I-25/Paseo del Norte interchange, and "there are 6,000 jobs that are accessed daily from this intersection," according to MRCOG.
- Lawrence Rael, Executive Director MRCOG (ABQ Journal - Subscription)

Amazingly, the state DOT supports the move. So do we. After all, 170,000 vehicles a day, 200,000 plus people per day, and 6,000 jobs make the interchange an integral part of the city's infrastructure.

When you compare the interchange renovation ($350 MILLION) to Marty's trolley ($240 to $300 MILLION) to the Rail Runner ($450 MILLION) and the number of people and jobs this interchange serves daily, the Paseo/I-25 project just makes sense. That's why it will never, ever happen.

The Obama administration and his bobble-heads in Congress are dead set against anything that emits carbon. 170,000 vehicles burn a lot of gas and emit a lot of carbon. Plus, it's the type of "stimulus" that creates an immediately useful, tangible, object that has a relatively small long-term fiscal impact on local budgets. Again, it makes too much sense.

Look, we believe it's fundamentally wrong to use borrowed money to "stimulate" the economy which is made up of people who ultimately have to repay that money. But if Obama and Company are going are dead set on wasting borrowed money, at least let it go to something that is eminently useful and won't create huge future demands on local taxpayers.

For now, we'll hold on to the good feeling that there seems to be some common sense breaking out somewhere in government and forget about the fact that it follows incredible stupidity.

21 Pages

2009-06-30T21:37:00.003-06:00

The Constitution of the United States is one of the most important documents in human history. Its 7 articles and 27 amendments created our government, its checks and balances, and even restricts the powers of the government it created. The entire document, including all 27 amendments is about 21 pages long.

The founding fathers understood that brevity is not only the sole of wit, it's the essence of wisdom. The knew that large, bloated legislation creates the opportunities for mismanagement and corruption.

Last Friday, the U.S. House of Representatives - under the cover of nationalized health care and the demise of Michael Jackson - debated and passed one of the most dangerous bills to come out of the House in recent memory. Dangerous because of it's size and negative impact on our economy and our lives. The bill often referred to as cap and trade, cap and tax, choke and steal, or more disingenuously entitled "The American Clean Energy and Security Act of 2009" creates government boards, inspectors, regulators, national building codes, and transfers an incredible amount of power to the Secretary of Energy, just for starters. This document including its 300 plus page early morning amendment totals 1201 pages. That's 1180 pages more than the document that is the foundation of our republic.

All three of New Mexico's representatives to the House voted for this massive increase in government bureaucracy. Heinrich and Lujan voted for the measure like a couple of party line toting bobble-heads. Meanwhile, their colleague and fellow freshman congressman Harry Teague cut a deal to exempt the evil carbon producing refineries in his district from the rigors of this misguided attempt to regulate carbon production.

Our question for Mr. Teague is if it's good to exempt your carbon producers how is it not good not to exempt others? We hope the true believers in choke and steal legislation can see through Teague's subterfuge and that the beneficiaries of Teague's deal understand how tenuous their situation truly is should this Obamination of a bill pass the Senate.

Today we were treated to Congressman Junior, uh... Ben Ray Lujan, Jr. trying to answer a simple question from KKOB-AM's Craig Kennedy about whether or not he had read the bill he had so enthusiastically supported. After prattling on about knowing the "major" points and other non-sense, he didn't answer - which of course means no.

Congressman Heinrich will be holding his "open house" at 4:15pm on the carbon belching diesel train commonly known as the Rail Runner. Perhaps someone from KOB could catch up with him in order to find out exactly how many of the 1201 pages he had actually read. Our bet that his answer will be no more satisfying than Bennie Jr's.

It's become a habit of the 111th Congress - passing bills without taking the time to read them, particularly when they're passing thousand page legislation that chokes our economy and steals our money and liberty.

You know, It's not surprising they haven't read the bills they're voting on. If they did, they'd probably be as horrified as the rest of us. Might we suggest however, that they take the time to read the 21 pages of the United States Constitution. By comparison it's light reading and utimately more important. At least it'd be a start.

Toulouse In

2009-06-30T06:33:00.001-06:00

Looks like the District 5 race is starting to heat up. The once open seat on Albuquerque's Westside still has a crowd vying to fill it with incumbent Cadigan the odds-on favorite.

According to our Eyes, Democrat Jeremy Toulouse has turned in enough signatures to get on the October ballot. The development is no doubt good news for Republican Dan Lewis who would seem to be the most obvious beneficiary of a Toulouse candidacy. Traditional thinking would have Cadigan and Toulouse splitting the Ds and Lewis coasting to an easy victory in the heavily R district.

The problem is there's nothing quite traditional about this race. Of the three candidates only the Republican (Lewis) is taking public financing. Cadigan tried and failed to qualify for public cash in the mayoral race and after his aborted mayoral attempt decided to jump back to his council seat but chose to forgo taxpayer cash.

Toulouse is the only candidate who can say that he's not taking taxpayer cash to fund his political ambitions. It'll be interesting to see how that plays against his two opponents. Lewis will wrap himself in the "clean elections" standard while taking money coerced from taxpayers. Cadigan will claim that he supports clean elections but decided against getting too clean just this once.

We still think that Toulouse's entry into the race benefits Lewis. But a lot is riding on how effective Toulouse is at finding an issue that will bring his opponents within reach. Campaign financing is one issue where Toulouse can take shots at both rivals at the same time which will make the most of his limited resources.

Poor Resolution

2009-06-29T17:00:00.003-06:00

Nationalized Health Care... the apple of Obama's eye and the last element required to give the government control over just about every aspect of our lives - from the food we eat to the medications we take. There are a lot of good arguments against this bad idea not the least of which being that it will bankrupt the country while simultaneously endangering lives.

Last Tuesday, the Bernalillo County Commission passed a resolution urging the "immediate passage of comprehensive federal health Care reform legislation." The issue came to our attention because of several posts made by readers claiming that Commissioner Brasher had voted in favor of nationalized health care.

Brasher a fiscal hawk, has consistently voted to hold the line on spending often ending up on the lonely end of 4-1 votes. The whole thing sounded a little strange to us so we had our Eyes do a little digging.

Sure enough, the posters claiming that Brasher had voted for the health care resolution were wrong. But, we can't really blame it on them. The county's Public Information Officer Liz Hamm issued a press release stating that the vote on AR 44-2009 was unanimous when in actuality it was 2-1 with Commissioners Hart-Stebbins and De La Cruz voting for the misguided policy and Commissioner Brasher voting against (read the corrected press release here).

Oddly enough, Commissioner Armijo was nowhere to be found despite chairing the meeting. We wouldn't be surprised if too much tea or perhaps currently running for city council had something to do with missing what could be considered a controversial vote.

Health care may be a problem that we have to tackle, but it won't be made better by forcing everyone onto a Medicare style government run program. If you think private insurance companies are hard to deal with, just wait until you are forced to deal with some D.C. bureaucrat whose bosses have the power to make law.

Letters to the Eye: Let APD Do Its Job

2009-06-28T13:07:00.004-06:00

There's been a lot of talk about immigrant gangs since the Denny's invasion and murder. Notice that we don't refer to the incident as a "tragedy." What happened to Stephanie Anderson was abhorrent and unacceptable in our society. Referring to an invasion and murder as a "tragedy" implies inevitability akin to a natural disaster.

The terrorism and murder at Denny's restaurant was a direct result of the planning and intent of three terrorist thugs with no respect for law or liberty. Their reprehensible acts are the very reason we have... or rather had a death penalty.

This past week we received an email from a neighborhood leader. Kevin Smith, President of the newly formed Juan Tabo Hills Neighborhood association forwarded his letter addressed to the City Council on to us requesting that we publish it as a Letter to the Eye. We are happy to do so as I think Mr. Smith's concerns echo how many feel in our community.

-----

Dear Councilors,

I’m writing you tonight to express my concerns over the latest murder by unchecked criminals roaming our neighborhoods. I have a daughter that works in a restaurant and she was the first thing I thought about when I read the story about these MS13 cretins that murdered that female worker.

The TV series ‘Breaking Bad’, fictionally depicted Albuquerque in a pretty bad light. I’m not so sure about the fiction part anymore.

It seems that we have just buried our heads in the sand in dealing with drug, gangs and have accepted it as just part of our culture. When I see these types driving around in brand new Chrysler 300s and Escalades, in the middle of the afternoon wearing their ball caps backwards, one has to wonder; just what they do for a living. Now be honest, you see what I’m talking about out there.

One must wonder. That’s laughable. EveryONE isn’t wondering one bit. Everyone knows what they do for a living. We all don’t like it, but do we have to accept it. Do the police have to accept it? Seems like it. Albuquerque apparently has become what is known as a "Sanctuary City". Just what is that? In other words we have to leave them alone so they can go about their business (Drug business). I know, that would be profiling, not PC, might get in trouble with the ACLU; bla, bla, bla.

They aren’t harassed, questioned, scrutinized, because they are protected by what is known as a ‘sanctuary’ and they know that politicians have basically castrated the police department, as politics trumps public safety. How much more must this society tolerate? How many loved ones must die needlessly at the hands of gang members because they got in the way of their daily routine of burglary, drug selling, and killing for fun and so on.

My challenge to you; get in front of this. Look into why this is continuing to get worse. Ask any cop that you know how the fight is going out in the streets, and they’ll tell you they’re getting their asses kicked. Not because they are overwhelmed and are weak, it’s because their hands are tied.

It’s a well known fact that they are instructed to lay off suspected illegals. Why. Politics.
I have warned prospective mayoral candidates that this illegal alien, drugs and gangs will be a huge future problem, the likes of what we’ve never seen before, and the next mayor, no matter who it is, will have to take this head on, as it will be the number one issue until it is eradicated. They’re here and they’re killing citizens of this city. Loved ones of someone, God forbid your loved ones.

It's time to say E-N-O-U-G-H. Not one person makes the laws, not one mayor makes the decisions for all of us. You were elected to change policies, make the city a better place to live. I think you all took an oath to uphold those principals, did you not?

The Albuquerque Police Department, regardless of their shortcomings from time to time is the best trained and most dedicated police force and we’re damn lucky they have our back. However, they can only be as good as the politicians, judges and the community that support them.

So take off their muzzles and leashes and let them do their job, and rid this city of this third world filth that is ravaging your (our) city.

Kevin S. Smith, President
Juan Tabo Hills Neighborhood Association

Coming Home...

2009-06-26T14:21:00.004-06:00

After a vocationally enforced hiatus (yes, we have a real job), we're back in the saddle or rather on the keyboard. There's a lot going on both nationally and locally. On the national scene Congress is trying to tax our energy and destroy our health care system. Locally, The Almighty's sanctuary city chickens have come home to roost.

Almost a year ago San Francisco Mayor Gavin Newsome was forced to rescind their sanctuary city policy after illegal alien Edwardo Ramos killed three innocent people (read about it here). Last Saturday, three illegal aliens stormed a Denny's and took something far more valuable than money... an innocent life.

You'd think that The Almighty Alcalde in the middle of an election year would immediately reverse course and correct his earlier mistake. If you did, you'd be wrong. Instead of admitting that the mayor had hamstrung his police officers through a misguided SOP, he's trying to shift the blame to the federal government.

Deborah James, spokeswoman for Mayor Martin Chavez, said blame in the Denny’s case lies with federal immigration authorities, who are supposed to check the immigration status of every person arrested and booked into the Metropolitan Detention Center, which is run by Bernalillo County. In the case of Ortiz, that apparently didn’t happen, she said.

“The mayor has asked them to have someone there on a more full-time basis,” James said. “We don’t have any authority over the jail. We make the arrest, but if immigration authorities aren’t following through, or if the courts let them go, we have no jurisdiction.”
- New Mexico Independent

The fact of the matter is that every person who has sworn an oath to protect the public and who wears a badge should be concerned about enforcing all of our laws. Jail officials are not on the front line... APD officers are.

Our Eyes behind the badge have always told us that they stop illegals on a daily basis. Marty and the 5th Floor have simply made it impossible for officers to use their discretion when they have a reasonable suspicion that the individual that they have come in contact with is in this country illegally.

Officers shall not inquire about or seek proof of a person's immigration status, unless the person is in custody or is a suspect in a criminal investigation for a nonimmigration criminal violation and the immigration status of the person or suspect is pertinent to the criminal investigation.
-ABQ Journal (Subscription)

The concept that a suspected illegal must be the subject of a nonimmigration investigation or violation, and have their status be pertinent to the criminal investigation is precisely what prohibited officers - who came into contact with two of the suspects (Meglar and Ortiz) when they were arrested for DWI - from contacting immigration authorities.

[Sidebar]
Have you noticed how hard it is to find The Almighty Alcalde these days? Whenever there's a crisis Marty simply disappears. He'll send his minions out to spin the facts and try to shift the blame, but he rarely makes his mayoral self available for questions. It doesn't matter whether it's thirteen bodies on the west side or a brutal murder at Denny's... he's nowhere to be found.
[End Sidebar]

We're not saying that APD's SOP is directly responsible for the murder of Stephanie Anderson. We're saying that the SOP removed an opportunity for APD officers to prevent an act of violence by making a simple phone call.

Yesterday, R. J. Berry held a news conference down at Civic Plaza to address his plans for APD's SOP with regard to illegal immigrants. As expected, Marty's minions were quick to play the fear-mongering race card.

A city of Albuquerque official said Wednesday that the allegations by the Republican Party of New Mexico are "appalling" and compared proposed Republican policy changes to "racial profiling."
- ABQ Journal (Subscription)

The truth is illegal immigration and racial profiling have nothing to do with one another. It makes little difference where an illegal comes from. What matters is that they came into this country illegally. An illegal immigrant's point of origin has nothing to do with it.

Since the Journal buried Berry's statement, we're gonna publish his full press release here.

Berry Will End “Sanctuary City” Policy in Albuquerque

Candidate for Mayor says police must be allowed to enforce all
the laws, will work to repeal driver’s license law

Albuquerque, NM – June 24, 2009 – Richard Berry vowed today that if he is elected Mayor, he will end the “Sanctuary City” policy put in place at the Albuquerque Police Department by Mayor Martin Chavez, and he will keep up the fight to end the state’s policy of giving New Mexico driver’s licenses to people who are in the United States illegally.

Berry says Chavez’s directive at APD prevents police officers from enforcing all the laws, and when used in combination with the state’s policy on drivers’ licenses, it severely hampers APD’s ability to keep our city safe.

“Our police officers are doing an incredible job fighting crime in this city considering they are being told by the Mayor to do it with one arm handcuffed behind their backs,” said Berry. “Politics has gotten in the way of the police department and it’s gotten in the way of common sense, and this must end.”

The Albuquerque Journal reported today that the men suspected of robbing a Westside Denny’s and murdering a female cook are not only in the United States illegally, but were once in the hands of local law enforcement, and then released.

"I want to be very clear that the people responsible for this latest tragedy are the three thugs who committed this horrible crime. Period. But as policy-makers, we must look at what common-sense steps we can take to help law enforcement get criminals like this off our streets," said Berry.

Berry empathized with law enforcement, saying he couldn’t imagine how frustrating it must be for an officer on the street to pick up someone on a violation, not have the authority and support to run them through the system, watch them go free because of politics and misguided policies, and then turn around one day to see that same criminal commit a heinous crime like this.

“It’s the combination of laws and policies that are failing our officers, and the people of Albuquerque,” said Berry. “As Mayor, I will do two things. I will end this policy at APD and I will work with the legislature and the new administration in Santa Fe to change the current state law on driver’s licenses.”

Berry, a two-term legislator, who voted this year in support of a statewide anti-profiling law, has opposed the state’s driver’s license policy since its inception.

“As Mayor, I will put in place an APD policy that will dovetail with the one that is currently in use by the Bernalillo County Sheriff’s Department, which will leave the discretion for law enforcement up to the officer on the street instead of the politicians at City Hall.”

Policy for the Bernalillo Sheriff Department reads, “Deputies shall not stop and question, detain, arrest or place an “immigration hold” on any persons not suspected of crimes, solely on the grounds that they may be deportable immigrants. When arrest is necessary for the violation of State Law or County Ordinance, deputies shall notify their Field Supervisor immediately if it is suspected that the person may be an undocumented immigrant. At that time, the Supervisor will begin the notification process.”

“I’m going to change this policy and then I’m going to stand behind my officers,” said Berry.

-BerryForMayor.com

It's amazing what one word can do. Deputies are prohibited from scooping up suspected illegals for being illegals, but they are not prohibited from contacting appropriate authorities when a suspect is in custody for any offense. More specifically, deputies are directed to notify their Field Supervisor "immediately if it is suspected that the person may be an undocumented [illegal] immigrant."

Policy decisions have consequences and bad decisions have a way of coming home. In this case, a few simple words may have prevented officers from taking two brutal murders off the street and there's only one person ultimately responsible.

Qualified

2009-06-11T22:08:00.004-06:00

We received word today from our Eyes downtown, that commissioner and city council hopeful, Michael Brasher has collected enough signatures to make it on to the October city ballot. The news is more than likely less than welcome for the current District 9 incumbent, Don Harris.

Councilor Harris' first term has been nothing if not embattled. After taking the seat in a runoff against former Councilor Tina Cummins, Harris was treated to a recall election just two years ago. Even though he won the recall handily, he won it in a year where The Almighty Alcalde's candidates were soundly defeated. The Keep Harris campaign successfully sold the idea that a vote for nobody was a vote for Marty as the mayor would appoint his replacement.

[Sidebar]
We've noted repeated comments in our comments section about the governor's authority to choose the replacement for a county commissioner who resigns. It's true, the governor would appoint the replacement for Commissioner Brasher should the commissioner become councilor.

However, Bernalillo County Commission District 5 is a pretty solid Republican district. It wouldn't be wise for Big Bill to appoint someone who couldn't hold the seat be they a Democrat or Republican particularly when the Guv's influence and political capital are diminishing on an almost daily basis due to the scandals surrounding his administration.
[End Sidebar]

The difference between a recall election and a regular election is that the only question on the ballot is whether or not to throw the bum out. Regular elections feature other candidates whose campaigns work to provide a quantifiable alternative where a recall pits the incumbent against and unknown.

What was remarkable about the Harris recall two years ago, was that his opposition managed to get him on the ballot in the first place (a feat Harris made sure to make more difficult). Two years ago was certainly an anti-Marty year and people tend to fear the unknown more than just about anything else.

It's hard to beat an incumbent with a good candidate. It's darn near impossible to beat an incumbent without a candidate at all.

You can bet that you'll be seeing more posts about the governor choosing commission members. And you can bet that Councilor Harris will try to make it the central issue of his campaign. The question is whether or not the voters in District 9 - who are also part of County District 5 - will be more afraid of the commissioner they don't know or the councilor they do? It looks like they'll have the opportunity to speak for themselves this October.

Eye Told You: County Bondage

2009-06-01T20:55:00.003-06:00

It only took four months, but there it was on the front page of the Albuquerque Journal - "What to Do with the Debt?" It's a story we told you about back in February (read it here). In August of 2008, the county commission at the urging of County Manager Thaddeus Lucero authorized the purchase of 500 Marquette for a mere $42 MILLION.

Before the echo had died on the 4 to 1 vote (Commissioner Brasher dissenting), the county had issued $42 MILLION in bonds to cover the purchase. The problem is they never bought the building.

After reading today's Albuquerque Journal story (Subscription) you probably were left thinking that the county was almost making money on the $42 MILLION debt. Readers were treated to a fair example of governmental sleight of hand. One part of the article claims that we're paying an annual interest rate of 3.8%, but thanks to our investment wizards we're recapturing 3.7% annually.

County Treasurer Patrick Padilla estimated the money is earning interest income of around 3.7 percent. The interest the county pays on the debt is 3.8 percent.
- ABQ Journal (Subscription)

Lucero said the overall impact on taxpayers has been minimal, given that the estimated investment income is close to the debt payment due this year.
- ABQ Journal (Subscription)

Separated by a page, over a dozen paragraphs, and a couple of assurances readers (and taxpayers) finally got to the bottom line.

It's difficult to say exactly how much the $42 million will earn because it's invested in a variety of ways, along with other county money, officials said.

"It's really mixed in with all the other investments," Deputy County Manager Dan Mayfield said.
- ABQ Journal (Subscription)

In other words, either the county doesn't know how much they're losing or they just aren't willing to say. We'd bet the latter.

There's only one thing worse than buying an unneeded $42 MILLION building - not buying a $42 MILLION building and having to pay for the bond council, interest rates, and fees.

It doesn't matter how you look at it, Bernalillo County is losing money... our money because they acted without thinking and left us holding the bonds.

Letter to The Eye: Outrage

2009-05-30T12:13:00.003-06:00

As you know from time to time we post letters from readers and even pull comments out of the comment section from time to time. This week we received a Letter to The Eye from Sergeant Paul Heh.

The sergeant has been the topic of a number posts both supportive and well... not so much. Like him or not one thing is sure, the veteran sergeant has an opinion and isn't afraid to share it.

A year ago, sergeant Heh spoke out during a city council meeting against the newest contract which earned him a visit to IA. This time it appears that he's none too happy with the APOA leadership.

No stranger to controversy, we're pretty sure this Letter to The Eye from Sergeant Heh will stir things up.

------------------------

Outrage
Sergeant, Paul J. Heh

When I write something I believe in it so I put my name on it. This is Paul J. Heh, APOA member for 22 years and at the risk of being targeted yet again, I have a few things to say.

First let me say that you Ron Olivas and you Joey Segalla are representatives of the members of the APOA. You work for the members, you are not above them. If what was reported on The Eye On Albuquerque is true, it is quite possible that a criminal investigation should be started by an outside agency such as the FBI. Joey, it is not up to you to decide if an investigation is warranted, it is the up to the members of the APOA. If it is true that you made the statement "I will resign before I do another cop," then resign. What about the hundreds of cops you are doing by not starting an investigation?

How can either of you justify paying for memberships for Calibers for all of SID? Calibers is a fine organization. I belong myself and I paid for the membership myself. Does this mean when my members hip expires in June the APOA will pay to renew it? Does this mean that all APOA members and non-members even non-sworn members will now have memberships to calibers paid for by the APOA? I have no problem with paying for memberships to calibers as long as everyone is treated the same.

Can you please explain why the APOA paid for Ken, Russ and their witnesses' trips to Arkansas for their criminal defense? Who were the witnesses? I respect both Ken and Russ, but again what about all the other officers, APOA members accused of crimes, where was their financial assistance? And please explain how a credit card belonging to ex-APOA President Pete Dwyer was used to pay for the trips.

There is much more just now coming to light, such as out of control spending. Is it true that you Joey are spending between $6,000 and $7,000 a month on your APOA issued credit card? I would like to know the answer and so would the membership. Please tell me the rumor is false. How much was put on the credit card from the recent trip to Washington, DC?

I will close by saying this. We are police officers, for me that means being about honor, integrity and ethics. I believe the APOA members feel the same. A full accounting of APOA finances going back ten years needs to be started at once by an accounting firm with no ties to the APOA and approved by the APOA membership.

This is my opinion I would like to hear yours.

----------------------------
Organizations have problems because there are people in them. The problems aren't really the issue unless you don't do anything about them or even worse, if you try to cover them up (just ask the 5th floor). If leadership doesn't work to solve the problem, then they are the problem.

People often wonder how elected government leaders like convict Manny Aragon get started? The answer is they cross a line on something small and no one does anything about it. Before long they're syphoning MILLIONS from the public coffers.

The members of the APOA are entrusted with policing Albuquerque. The question is are they capable of policing themselves?

If Only...

2009-05-28T18:07:00.003-06:00

It's the type of story that makes "good" news. Readers and viewers can't seem to get enough of the "Baby Angel" story.

Thursday, the local media was all a twitter about the latest development - Tiffany Toribio had tried to turn herself in at a Coronado Mall substation. With her was her three year old son Tyrus - "Baby Angel." (ABQ Journal - Subscription)

Apparently, Toribio had been notified that a warrant had been issued for her arrest for failing to pay a $259 fine for not having insurance. When APD's CAD system was checked for a warrant, the search came up empty.

[Sidebar]
Our Eyes down at APD tell us that it's not exactly surprising that a warrant search didn't find Toribio's arrest warrant. Tiberon APD's new CAD system is known to regularly miss outstanding warrants. In this case, it might have prevented a death. In the future, it may cause one.
[End Sidebar]

Contrary to popular belief in some circles, police officers generally don't arrest members of the public without a warrant and without reason. In this case, the officer involved didn't have a warrant and didn't have any reason to believe that young Tyrus was in any danger.

Here's where the media plays the implicit game of "if only." If only they could have found a warrant. If the officer involved had looked a little harder. If only APD had arrested Toribio, then Tyrus would still be with us.

The truth is that even if a warrant had been found, there's a pretty good chance that without any indication of danger they would have told Toribio to take care of her fine and let her walk. Believe it or not, it's hard to take a mother from their child on a traffic warrant when there's no indication of danger.

What really gave this story "legs" is that APD apparently tried to keep the substation visit under wraps. They wanted to avoid the types of questions that now (thanks to their own horrible media skills and aversion to bad press) theyhave to answer.

To make matters worse, the Eyes have it that it was the Almighty Alcalde himself that let the cat out of the bag on his weekly I Love Me some Marty Gov TV show. Marty had Chief Schultz on for a chat and trying to capitalize on tragedy, the two discussed what Toribio should have done and the services that were available to her. They even went as far as saying that she should have shown up at a police station. Turns out she did.

What's readily apparent is that the mayor and the chief have absolutely no idea how to handle the media and that their fear of facing negative press leads them to try and bury it. Their actions make the department look foolish and partially responsible for the death of "baby angel." Nothing could be farther from the truth.

No one knows the answer to all of the "if only" questions. But one thing is sure - Tiffany Toribio killed her son with her bare hands. It's too bad that Chief Schultz didn't come clean at the outset then APD wouldn't look partially responsible. If only...

Un-be-lievable!

2009-05-26T23:54:00.000-06:00

The Albuquerque Journal reported Tuesday that (as we've been telling you) The Almighty Alcalde is back on track to build his choo choo. Like a child whose mind is set on a shiny new toy, Chavez is desperately trying to find an argument that will convince the public and the council that he should have the object of his desire.

The streetcar would run along Central Avenue, then by Isotopes Park on its way to the airport.

Adams said the project would help tourists get around the Rio Grande Valley without stepping into a car. They could fly in, take the streetcar to Downtown Albuquerque, then ride the Rail Runner to Santa Fe. Or someone from Santa Fe could come down for a ballgame without having to drive.
- ABQ Journal (Subscription)

Previously, Marty was arguing that the trolley would service the throngs of mythical riders along Central Avenue and provide another way to get across the river. Now, he's arguing that tourists need a $130 MILLION way to get to the ballpark!

If you're a parent these shifting arguments probably sound familiar. Next little Marty will probably argue that "everyone else is doing it." Uh, wait... never mind, he's doing that too.

Chávez said cities across the country are launching rail projects. He predicted Albuquerque will join them, even if it doesn't happen while he's in office.
- ABQ Journal (Subscription)

Fortunately, there seem to be some adults on the council who have rightfully determined that the public isn't all that hot on the idea of spending over $130 MILLION to ferry tourists to ballgames.

"Unless somebody drops $300 million on us, it's going to go to the voters some day," City Council President Isaac Benton said in an interview. But "I don't see any immediate movement on it."
- ABQ Journal (Subscription)

Councilor Sally Mayer said her Northeast Heights constituents are "angry that we're even considering it." She said that even if the federal government gave Albuquerque $50 million, that wouldn't pay for two miles of track.

"This is extraordinarily expensive, and I don't see a need for it," Mayer said.

Councilor Brad Winter said the city should focus on other transportation needs, such as the reconstruction of the Paseo del Norte and Interstate 25 interchange.

"I don't think we need another study," Winter said of the streetcar. "It ought to be dead."
- ABQ Journal (Subscription)

Councilor Winter brings up a good point - one that we have maintained for some time. Even if $300 MILLION should fall from Obama on high, it should be spent on transportation issues like the Paseo del Norte I-25 interchange that services hundreds of thousands of Albuquerque taxpayers on a daily basis not some tourist trolley for people who don't pay to keep the city afloat.

O'Malley said the route of the system shouldn't be "subject to somebody's whimsy. We're talking about millions of dollars."
- ABQ Journal (Subscription)

Actually, we're talking about HUNDREDS OF MILLIONS OF DOLLARS not only to build it but to run it in perpetuity.

Even if Councilor O'Malley favors building a $400 MILLION money pit, errr... arena, she's got the right idea here. The Valley councilor is planning on introducing legislation to force the tracks of any trolley to go directly through the council chambers.

Any unnecessary expenditure that will obligate taxpayers to hundreds of millions of dollars of debt and operation costs should at the very least be approved by the people upon whom that obligation will be laid.

The Almighty Alcalde up on his perch on the 11th floor simply doesn't get it. It's unbelievable that an elected official would so blatantly ignore the wishes of his constituents. Of course, that can be fixed this October.

APOA OPM

2009-05-25T17:53:00.003-06:00

Other People's Money... government at all levels gets tons of it. They use it for any number of things some of which are shall we say... questionable. But there are other organizations that receive your money some of them voluntary contributions, others come in the form of dues. These non-governmental organizations can be well run institutions or self-absorbed financial disasters just like government.

The Albuquerque Police Officers Association is one such organization. If you are a police officer in the Albuquerque and you're below the rank of Commander, the APOA is your collective bargaining representative. They will also provide representation in other non-criminal situations. For this service, the union collects dues from its members.

The APOA has a set of bylaws that control its operation and dictate its structure which includes a group of officers elected from the group's membership. The structure is designed to insure that money collected from members and used for the benefit of the entire membership.

About a year ago, we told you about some questionable credit card expenses incurred by then APOA President, Ron Olivas (read it here). To us the expenses looked to be more of an everyday benefits package for an APOA officer who had access to the union credit card.

Our Eyes down at the APOA are telling us that Olivas' spending wasn't restricted to his own union credit card. Apparently, Olivas got a hold of former APOA President Pete Dwyer's credit card or credit card number and used it to purchase transportation to Arkansas for Officers Ken Ronzone and Russ Carter.

The two K-9 officers were involved in a bar altercation in Fort Smith, Arkansas back in November of 2007. Arkansas authorities issued warrants for the arrest of the pair on felony charges. According to our Eyes, Olivas used Dwyer's credit card to pay for $7,000 worth of travel for Ronzone and Carter, and their witnesses.

There are a couple of problems here. First the pair were charged with felonies and the APOA does not use union money to defend felonious activity. Second, the charges made by Olivas were made on Dwyer's union credit card. It appears that Ronzone and Carter received preferential treatment in the case and that Olivas attempted to obscure his use of union money to defend the pair by using Dwyer's card.

Olivas apparently wasn't done spending union money. He also wrote a union check to Calibers for $5,800 to pay for memberships at the indoor shooting establishment. The memberships went to everyone in the Special Investigations Unit - including non-sworn, non-union personnel.

None of the expenditures were approved by the APOA board and some of the money went non-union members who don't pay APOA dues.

The whole thing is creating a political problem for incoming union President Joey Segalla. It seems that Segalla is unwilling to expose the almost $13,000 in unauthorized and potentially fraudulent expenditures made by Olivas saying he'd "rather resign than do another cop."

We understand an officer's reluctance to go after a fellow cop. Everyone likes to think that everyone wearing a badge serves honorably and honestly - the vast majority do. But the truth is just like in any institution, there are a few that tarnish that badge and make it harder and more dangerous for other officers to do their job. Officers need to be above reproach not above the law or the public loses faith in the very people that are essential for their safety.

As President of the union, investigating potential abuse of union dues by a prior president isn't "doing" a fellow cop - it's doing your job both as president of the union and as a sworn law enforcement officer. If former President Olivas truly abused union funds while president of the APOA, then he's already "done" his fellow officers by using their compulsory dues in ways not authorized by the union's bylaws. Except for the number of zeros, how is that any different than siphoning off a few million here and there on a construction project?

It's the lure of other people's money and the temptation to use it for your own gain especially when you know that you will never be held to account. The APOA needs to be better than those they investigate on the job. The good men and women of the Albuquerque Police Department deserve better.

Eye Poll: Keep Your Arena

2009-05-17T21:49:00.004-06:00

Not surprisingly, Eye readers overwhelmingly rejected the idea of a downtown arena in our most recent Eye Poll. It's a project that would certainly pay tribute to the mayor of Albuquerque but would do it's citizens little good and shackle them with an almost unending drain on their tax dollars.

69% of Eye readers said no to an arena (a few said "hell no") in our unscientific poll while only 28% said yes (view it here). As usual, a few people (3%) didn't know.

This week we're looking at what seems to be the interminable years of the Chavez administration. As expected for so long a reign, there have been a number of scandals involving The Almighty Alcalde. Pick your favorite in this week's Eye Poll!

Which gives us an idea... If you've got a favorite Chavez administration scandal, send it to us at editor@eyeonalbuquerque.com. We'll publish our favorites in the coming weeks.

Still on the Payroll

2009-05-14T20:43:00.003-06:00

Before we get started here we've got to make it clear that we are all for the concept of innocence until proven guilty. That being said, we're also for the equal application of justice. Thursday's Albuquerque Journal picked up on a part of a story that we told you about last week - the update on the Tera Chavez case (read it here).

One of our many concerns was that Officer Levi Chavez was still on the payroll some 18 months after being placed on administrative leave. Again, Chavez is only a "person of interest" (ok, suspect) in his wife's untimely demise. But, Chief Schultz routinely terminates officers for far less.

Albuquerque Police Chief Ray Schultz said Wednesday that he is frustrated by how long the investigation is taking. Schultz said his hands are tied because, if he starts an internal investigation into Chavez and disciplines him, it could taint the criminal case.

"This is upsetting. Unfortunately (Valencia County investigators) have put us in an untenable position," Schultz said. "They have made the allegations that Levi Chavez is a suspect in a homicide investigation and in a fraud investigation. I can't in good conscience put him back to work protecting the community with those allegations out there looming."
-ABQ Journal (Subscription)

What's upsetting is that a Chief who has an officer whose actions have already triggered numerous criminal investigations hasn't seen fit to start his own internal affairs investigation - even though he has a habit of starting IA investigations and leaving them open... until???

Valencia County District Attorney Lemuel Martinez said Schultz could conduct his own internal investigation and discipline Chavez without tainting any criminal case, because anything Schultz finds out could not be used in criminal proceedings.
-ABQ Journal (Subscription)

As you can see, the DA in Valencia County isn't at all worried about an APD Internal Affairs investigation because its findings cannot be used in a court of law.

It seems as if Chief Schultz has not even initiated an investigation of Chavez even though the APD officer seems to have been implicated in not one but two criminal investigations. Our question is why? Why is Chavez still on the payroll when other officers have been terminated for far less? And Why is Schultz so willing to protect Chavez?

The Trolley that Won't Go Away

2009-05-13T22:34:00.004-06:00

After almost 12 years of the Chavez administration, one thing we've all gotten used to is the Almighty Alcalde's increasing inability to get along with the council. He's also displayed a disturbing single-mindedness that reeks of ego.

There are countless examples of Marty's increasing desire to build a legacy on the backs of city taxpayers. Wading lagoons, downtown arenas, balloon museums, trolleys, even Pandas have all been on the mayor's personal agenda. Some have been realized while it took the Red Chinese to kill other.

Our point? No matter how many times the council or the public says no, The Almighty Alcalde will continue to pursue his agenda either overtly or covertly. "No" is simply a temporary inconvenience to be endured.

Marty's choo choo train has a long history of trying to slip past the public. Monday, November 6th 2006 - the day before the hotly contested 2006 election - the mayor tried to slip his trolley by the public with the aid of the council. Since that time we've been treated to task farces and propaganda designed to make a trolley with the capacity to serve a very small number of people at a price tag of $240 MILLION plus look cost effective and environmentally friendly.

At least it seems that the council has started to get the message. Last week the council sent up a resolution to the mayor directing him not to use Obama's spending, uh... stimulus money on a trolley (read it here). Unbelievably, the measure was sponsored by none other than our socialist in chief, Councilor Isaac Benton.

[Sidebar]
Obama and his accomplices insist on calling the $750 BILLION spending package ARRA - the American Recovery and Reinvestment Act. In reality it's the American Repugnant Redistribution Act. It's bad enough when these yahoos in Washington wastefully spend our tax dollars but it's simply repugnant to be blowing tax dollars that haven't even been collected yet. In other words... borrowed.
[End Sidebar]

What The Almighty Alcalde actually did was to use his line item veto to take out language that modified the Transportation Improvement Plan so that a 19th Century Street Car - no matter where the money came from - would have to go to the voters before the city started railroading the public.

I have exercised my authority as Mayor of Albuquerque to line item veto the portion of R-09-229 that prohibits the use of federal monies to build a modem rail system in Albuquerque. I believe that Albuquerque should no longer remain one of only a handful of D.S. cities without a diverse transportation portfolio including modem rail. I have agreed that a city funded system should be a matter for the voters of Albuquerque. I disagree that either the Regional Transportation District or the federal government with their own funds should be similarly restricted.
- Mayor Martin Chavez Veto Message

There are a number of problems with Marty's logic here. First of all, nothing is free even if it comes from the federal government. Second, using that borrowed money to build a tiny trolley to serve a few people moving from downtown to the airport. A trolley that would make an already congested area worse by taking up space needed for vehicle traffic.

Third and worst of all, even if the trolley were free it creates a long term operational drain on the city's general fund. This is exactly the wrong kind of project to waste borrowed money on. If we're gonna spend Obama's money, we're far better off spending it on projects like the I-25 / Paseo Del Norte interchange - a project that serves tens of thousands of people daily. Something Marty's Tiny Trolley will never be able to do.

Meanwhile the council plans on sticking an extension of the Transportation Infrastructure Tax on the October ballot without funding for a trolley. Here's the problem... that 1/4 cent tax can be easily reprogrammed by the council at anytime. So what's sold to the taxpayers as roads, bike paths, and buses magically becomes a source of revenue for a 19th Century Streetcar.

It doesn't seem to matter who pays for it or how much it costs, Marty will have his trolley. Of course if voters decide to send him packing after 12 years, maybe, just maybe we can put a stake in the heart of the Trolley that Won't Go Away.

Swearing In

2009-05-12T13:15:00.002-06:00

Ok... this thing's been all over the board. First Monday, then Wednesday, now today! For now, it appears that the new District 3 County Commissioner will be sworn in at 3:00 pm. Apparently, the new commissioner will be... (drum roll please) Maggie Hart Stebbins.

We don't know the soon-to-be commissioner and there doesn't seem to be much in the way of information on her aside from the fact she's a 1985 Harvard graduate. Who knows the way the Guv has been jumping around on this one it could be someone else. But it seems that most of the D blogs are reporting that Dan McKay is reporting (yeah, we know) that Ms. Stebbins is the winner. If not, we won't be the only ones swearing... this time.

Big Bill's Choice

2009-05-11T12:09:00.005-06:00

It looks like The Guv is ready to make his choice. Our Eyes down at the county have it that Governor Richardson's staff is pushing to make sure that all of the remaining Bernalillo County Commissioners are present at today's 2:30pm MRCOG meeting. Rumor has it that Richardson is ready to announce his choice to replace the departing Deanna Archuletta.

The meeting of the Middle Rio Grande Council of Governments was scheduled so that Big Bill could tell various governmental entities in the Middle Rio Grande Valley how much of Obama's spending, uh... "stimulus," uh... recovery cash that they would have to play with. Apparently he's got something more in mind, because his is pushing hard to make sure that Commissioners Armijo, De La Cruz, Wiener, and Brasher attend the meeting personally.

Last week no fewer than nine commission aspirants interviewed for the position vacated by Archuleta. You can bet that there wasn't a single one with an R next to their name as the district (District 3) would be considered a safe Democrat seat.

----- Update -----
We got word this afternoon that we have some readers up in Santa Fe that weren't too pleased that the cat got let out of the bag before the big announcement today. As a result, the Guv and his staff decided to move the official announcement of Commissioner Archuleta's replacement to Wednesday.

The grapevine has it (not surprisingly) that the winner of the Commissioner 500 will be a Hispanic woman. If you were on the Guv's interview list and you don't fit that demographic, you're probably not the name that's going to be read come Wednesday. But who knows? That may change too... now.

Update: Tera Chavez

2009-05-07T10:28:00.003-06:00

From time to time we receive emails from folks who want to know what ever happened in the Tera Chavez case. If you'll remember, Tera Chavez was the wife of APD Officer Levi Chavez whose October 2007 death was originally called a suicide. The cause of death was later changed to "undetermined" and suicide was ruled out (read it here and here).

Unfortunately (except perhaps for Levi Chavez), there has been little movement on the law enforcement front. That's more than likely due to the arrival of several APD officers at the scene shortly after Ms. Chavez' death - even before the Los Lunas Police showed up. Of course, the officers didn't have any business entering a potential crime scene in another jurisdiction but that didn't stop them from mucking up the criminal case from the get go.

As usual in these suspicious death cases, a civil suit is filed and often runs parallel to the criminal case. Sometimes due to screw-ups or incompetence, the civil case is the only way for families to seek justice (think O.J.).

The Tera Chavez Estate filed suite back in Augusts of 2008 (read it here). The suit names Levi Chavez II, Chief Ray Schultz, Lt. Shawn O'Connell, Sgt. Ron Olivas, Sgt. James Silver, and "APD Officers John Does 4-6." (Read the original filing here.)

In a wrongful death suit, the plaintiff's attorney hires their own investigator to dig up evidence to support their case. It looks as if their investigation is starting to bear fruit for attorney Brad Hall and his clients.

According to our Eyes, a forensic analysis of Officer Chavez' city issued and owned computer - the one used in his vehicle - revealed that Chavez had been doing a little research on how to commit murder and make it look like a suicide. In addition, Chavez seemed to be stocking up on cold medicine by purchasing 6 bottles right before Tera's death. Toxicology found that Tera Chavez had three times the recommended amount of cold medicine in her bloodstream.

Is it possible that Tera Chavez had a thirst for cold medicine and that Levi just happened to be doing research about making a murder look like suicide? Sure. But anyone can see that it doesn't look real good to be running around with other women, taking out insurance policies, keeping marijuana on the premises, buying copious amounts of cough medicine, and researching how to make a murder look like suicide.

Remember under our system of law unless you've received a scam-era citation, you're innocent until proven guilty. But in civil cases, the burden of proof is "preponderance of the evidence" not "reasonable doubt" - a considerably lower standard.

What has really gotten us annoyed at this point is that our best information is that Levi Chavez is still on paid administrative leave. We are all paying for Chavez to do, well... nothing. And he's been doing nothing since November 19th, 2007.

The standards for termination at APD are even more difficult to defend than the standard in a civil trial.

The allegations against Chavez don't just include well... murder - they include financial difficulties and insurance fraud. At the time of his wife's untimely demise, Chavez was a probationary officer which means he can be terminated for just about anything. We've said it before, but wouldn't the circumstance of Tera Chavez' death qualify as a reason to send Chavez packing?
- EyeOnAlbuquerque.com

How long are the taxpayers of Albuquerque going to have to continue to pay an officer not to be on the force when there seems to be plenty of reason to take him off the payroll regardless of his guilt or innocence in his wife's death?

Make it a Three-way

2009-05-05T15:26:00.005-06:00

Last week, Councilor Cadigan announced is return (after no time at all... really no time at all) to city politics by re-entering the race that he had left when he left the mayor's race due to an inability to qualify for public financing. The two-way race between Jeremy Toulouse and Dan Lewis became a three-way race.

Not surprisingly, a Democrat has surfaced to challenge the two Republicans interested in the District 9 seat. Our Eyes tell us that Democrat David Barber - who registered as a Democrat in the district in 2007 - plans on challenging the two Republicans.

It'll be interesting to see what effect the addition of a Democratic challenger has on the race. If it's anything like four years ago, Barber's participation will only have the effect of extending the election and perhaps handing it to the candidate who's not the incumbent. Runoff elections tend to favor the anti-incumbent crowd. If Barber makes a respectable showing in the October election, chances are Brasher would win the run off - that is assuming he doesn't win the election outright.

Meanwhile, two more candidates have eschewed (Yes, eschewed. Look it up.) public financing. The Eyes have it that Commissioner Brasher has decided to forgo using involuntary contributions from taxpayers in favor of using voluntary contributions from supporters who have decided that he's the best candidate for the job.

The other candidate who has according to the grapevine, decided to eschew public financing is none other than the former "clean" mayoral candidate Councilor Michael Cadigan. If true, Cadigan's change of heart may have something to do with the fact that he figured out that the new "ethical" elections ordinance does nothing but keep potential candidates out of a race.

There's little doubt that Brasher and Cadigan have the ability to raise the $30,000 or so necessary to compete against their taxpayer funded counterparts. What will be interesting to see is if the two (and Commissioner Armijo) decide to push beyond the dollar per voter limit set by Albuquerque's Unethical Elections Scheme thereby funding their opponents. If so, they'll be hurting their campaigns but potentially setting the stage for a 1st Amendment challenge to Albuquerque's public financing system.

We don't know whether either candidate will take on the city during an election year, but it's clear that the Albuquerque Open and "Ethical" Elections Ordinance is has some real Constitutional problems that need to be addressed by the courts.

Make it a three-way in two of five districts. The game is on and it's only early May! It'll be a fun election season to say the least.

----- Correction -----
We were rightly chastised for identifying the Republican candidate in District 5 as Dan East - who was the CD3 Republican candidate last year. Of course the candidate for city council is Dan Lewis. We got our Dans mixed up. It has been corrected above.

400 MILLION Reasons

2009-05-04T20:29:00.003-06:00

The Sunday Journal reported that a group of "marketing, advertising, and other professionals" is pushing to get another city boondoggle on the October ballot. Apparently, this group of "other professionals" doesn't include an accountant, banker, or anyone with a business major. The arena and hotel that ad guy Steve Wedeen would have us build would cost no less than $400 MILLION tax dollars.

"The impact is phenomenal," Wedeen said in a recent interview. "This is really an economic-stimulus package that invests in a smart, sound industry."
- ABQ Journal (Subscription)

The impact to the tax payer is obvious... higher taxes. As for whether or not the arena without-a-team business is a "smart, sound industry"... we beg to differ. More to the point, Wedeen would have the City of Albuquerque follow the "City of Vision's" lead and build an arena that loses money. If that weren't enough, Wedeen and his group would have the city go into the hospitality business by building a publically funded hotel.

Business leaders also want more analysis of whether the project would generate adequate operating revenue and question projected attendance figures for minor league sports teams that would play in the center.

The Greater Albuquerque Chamber of Commerce wants a more detailed financial analysis before announcing whether it would support such a project.
- ABQ Journal (Subscription)

You know you've got problems when even the Greater Chamber of Commerce has reservations about your business plan. Worse an attempt by private investors to build a downtown arena has already failed because no one would give them the money. And that was back when they were giving money away to people who could never pay it back.

This is a plan that only an advertiser would try to sell. An undersized arena with no proven anchor tenant next to a perpetually struggling convention center. If Wedeen is so taken with the idea then he should put together an investor group, build it with private money and prove us all wrong. If he's successful, he'll be fabulously wealthy (at least until Obama and Co. get a hold of him) and he should be.

There are 400 MILLION reasons not to build a new Downtown Boondoggle and each one comes from "investors" who have no direct control over the enterprise. Talk about greed! When someone asks for their dream to be built not through their own efforts and abilities but on the backs of his fellow citizens... that's greed and the worst kind of greed.