The Piercing Truth

This is right from the dictionary and seems to describe Albuquerque, Berry and Schultz. Fascism (f ash ,izem) noun An authoritarian right wing system of government and/or social organization. (in general use) extreme right wing, authoritarian, chauvinistic and/or intolerant views or practices. Fascism tends to include a belief in the supremacy of one group over another, national, ethnic, especially social strata or monetarily; a contempt for democracy, an insistence on obedience to a powerful leader, and a strong demagogic approach. Compliments of one of our Eyes

Oct 28, 2012

Nothing is as It Seems

On this coming Wednesday, on October 31, the final day of the John Doyle v. Ray Schultz labor hearing will (unless APD lawyer Kathy Levy gains ANOTHER continuance) conclude. If you recall, former APD Officer, and retired highly decorated Philadelphia Police Department officer, John Doyle was terminated by Chief Schultz almost a year ago stemming from the circumstances surrounding the arrest of wanted violent felon Nicholas Blume.

Since several months have passed since the last hearing many stunning revelations have unfolded that not only cast doubt on Chief Schultz's stated reasons for Officer Doyle and Officer Woolever's terminations, but seem to indicate their termination was unlawful and based on fiction. We wish this could be a case of "trick or treat" but it isn't. Chief Schultz initially stated the officers were terminated for their use of force in subduing a combative felon via the least intrusive means--but then it was revealed that kicks to the torsoe and shoulder are taught at APD's academy. Then Chief Schultz said it was for lying, but then it was revealed that it was Officer Doyle himself who obtained a copy of the very video tape that APD sensationalized at Officer Doyle's expense. Chief Schultz then did all he could to invite a federal indictment against the Officers under 18 USC 242 only to find the officers fully cooperative in their criminal investigation and to see that the actions of the officers were well within the confines of trained and practiced activities DESPITE how the video looks to uniformed citizens or book-trained instructors at the NM DPS academy.

We wish Officer Doyle the best in his effort to regain his job and to pursue all available means of relief to restore all that he has lost. For those interested in attending and supporting officer Doyle, the hearing starts at 9am and is at the old-SID building on Randolph just west of Yale SE. We would remind all those arm chair critics who attacked and continue to denounce Officer Doyle's actions that you are talking about the efforts of a season front line first responder with over twenty years of experience working the meanest streets in the country. As such we find it of little irony that not one person who was called to testify against Officer Doyle even remotely has his skills, training, or experience in street level law enforcement. We would also remind critics to take a hard look at Graham v. Connor one more time.....

Oct 27, 2012


"MR. KORN: I'd like to first thank Chief Schultz for taking the time to think about how the board can be better and how it can better serve the citizens and also the officers that aren't under a cloud of suspicion or indictment or arrest."

So said Mr. Nate Korn (Aka Nathan Kornfield) during the August 28th, 2012, meeting of the New Mexico Law Enforcement Academy monthly board meeting. Mr. Korn's comments came in response where APD's Chief Schultz just presented a policy change that decimates the rights of law enforcement officer's statewide and relieves employing department's of virtually any obligation of due process to their employees. This past Tuesday, October 23rd, the LEA board accepted and adopted this policy change by a unanimous vote thereby making the policy effective.

For those that don't know, the policy change that Chief Schulz proposed and Mr. Korn proselytized, concerns the revocation of a New Mexico law enforcement officer's certification to be a law enforcement officer. Think of the certification as one's license to drive, or to practice medicine, or to practice law. In order to be employed as a police officer/deputy in this state (and almost any state) you needed to have the necessary certification to do so as under NMAC et seq. Until this past Tuesday, in order to have an officer's certification revoked, they needed to have been found guilty of violating felony law, certain misdemeanor laws, or have been shown to have committed acts which display an absence of moral character, dishonesty or fraud. Now, thanks to adoption of this new policy, an officer's license is in jeopardy upon being charged with a crime or act of moral turpitude..NOT upon conviction or confirmation of such an event.

Chief Schultz expressed his reasons for this change in policy in no uncertain terms. "There was really no incentive for the officers or their attorneys to expedite the process and get it resolved." "...more importantly to move the burden to that officer to give them a reason to get the issue resolved as quickly as possible..."

But Chief Schultz displays his ignorance, or misunderstanding of the Constitution, when he stated, "It's not uncommon for your driver's license to be suspended prior to that due process."

For reasons unknown, law enforcement labor unions across the state failed to represent their membership by fighting this change in policy. Imagine if upon being issues a speeding ticket, or upon arrest, your driver's license was suspended. No court, no forum to challenge the charge, just immediate suspension of the privilege your license provides to you after having earned it. In other words, the interest in your license--a property interest--has just been taken by the state without any opportunity to challenge it until after it has been taken. Perhaps it is the stunning arrogance of this change in policy that has left police and sheriff unions in silence. Perhaps they simply don't understand what has occurred.

But there's an even more troubling concern to this matter. This new change in policy not only shifts the responsibility of proving guilt from the state upon the officer to prove innocence, but it also actually relieves employing agencies from any burden of investigation at all. Since this change in policy results in the immediate suspension of an officer's certification they will now simply be terminated by their department. You see, having a valid NM certification is a mandatory component of being employed with any accredited police/sheriff's department. Now that the troubled officer has had their certification yanked, the department has no reason to do any administrative investigation and can simply terminate the officer for cause. And what if the charges are show to be unfounded or dismissed? Too bad for the officer with this new policy, they now have to not only fight to get their job back but they have to fight for their certification.

And what if an officer is targeted by their chief or sheriff for wrongdoing that involves untruthfulness? The same policy applies, where that department head simply files the necessary paperwork to the LEA board, and poof! the employee's position is terminated upon suspension of their certification. If you think officer's are hamstringed to do their jobs in APD, thanks to Chief Schultz and Mr. Nate Korn, they now have impaired the ability of officers state wide.

But this change is not without now invites the scrutiny of the LEA board upon all law enforcement certification holders--including chief's of police. Is there anybody we know that is a holder of New Mexico law enforcement certification that has been shown:

(3) making false statements or giving any false information to the
academy in connection with an application for admission/certification;

(4) committing acts which indicate a lack of good moral character, or
which constitute dishonesty or fraud, and which adversely affects an officers ability to
exercise the duties of a certified law enforcement officer;

Does anybody know of a certain chief of police who is in such violation of these elements that the US Department of Justice is investigating his department? If so, let the LEA board know:

Oct 22, 2012

Something "Korny" Going On

"Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence."
--U.S. Supreme Court Justice Clark (1961)

The city of Albuquerque has many ordinances that mirror state laws but are refined to the particular, and allowable, form of municipal government that we all know as Albuquerque. To be sure the city is not a true sovereign entity; it owes its creation to state statute. Its capacity to exist and govern itself is contingent upon being faithful to its own laws and not deceiving the very citizens it hold jurisdiction over. As Justice Clark remarked, a government that fails to hold itself accountable and simply disregards its own laws voids its very existence.

At the forefront of Albuquerque's code of ordinances is the "Conflict of Interest" ordinance §3-3-1. The main point being that "An employee shall disqualify himself or herself from participating in any official act directly affecting a business in which he or she has a financial interest." Since Albuquerque officials are entrusted with authority and money from the citizens they serve there is no greater breach of duty than to act in a manner where a city official puts their interest before the citizens...and from this ordinance there are endless other that effectuate a code of conduct that, if followed is beyond reproach:

Recently, our Eyes alerted us to a corporation known as “Friends of SWAT.” What caught our eye concerning this is not only does Friends of SWAT involve many current APD officers, but retired officers as well: APD Sgt. Jason Peck, Officer Armando Limon, Retired Commander Dan Cafferkey, Officer Ron Tosta, and citizen at large Nate Korn (or is that Nathan Kornfield?). Our Eyes wanted to know what a dominant city vendor would be doing as co-director within a corporation staffed with current and former city employees. We think it is hardly appropriate for a vendor known for selling police gear and equipment to the very employer of his co-directors!

Given Mr. Korn’s grandstanding about ethics and integrity while he sits on the state’s LEA board, we found this beyond disturbing. Through his business Kaufman’s West, Mr. Korn contracts with the city hundreds of thousands of dollars in police and police related equipment to APD each year. Given that each vendor is supposed to disclose any conflicts they may have when responding to the city’s RFP’s we wonder if competing vendors knew of Mr. Korn’s legal business relationship with these APD employees. What influence did they have in crafting RFP’s in a favorable way so that Mr. Korn edged out competition? What inducements has Mr. Korn given these or other APD employees? Can Mr. Korn and these officers honestly say their activity is consistent with these city ordinances and the many parallel state statutes?

In reviewing the details of the above city ordinances, it seems Mr. Korn and all of the directors are in clear violation of these laws. Sadly, it gets worse. According to the state Public Regulation Commission, Friends of SWAT has been operating out of the Valley Area Command since 2007 as its corporation and mailing address is 5408 2nd Street NW (Link: HERE). How is this possible that a private business has been operating out of a secure government police facility? Who has been in charge of the Valley Area Command to allow this to go on? How much on duty time have these individuals spent in furtherance of their corporate interests while at work? What material benefit have they derived from the their relationship with an equipment vendor known widely for his “donations?”

While we thank our Eyes for forwarding this information, not only are we shocked and outraged, but we are dismayed. Given Mr. Korn’s personal relationship with APD’s Chief Schultz we think it is very unlikely Chief Schultz has no knowledge about this. On behalf of all the concerned citizens of Albuquerque and all of the hard working rank and file officers who operate by the very rules they enforce, we demand that the State Attorney General ans/or the State Auditor commence an immediate investigation and prosecution of all and any persons found in violation of the law.

Oct 8, 2012

The Proof is in the Pudding

For those that don't know, every Tuesday, APD's Chief Schultz holds a weekly staff meeting with all of his commanders, lieutenants, many sergeants, and senior civilian department personnel like Karen Salazar and Bill Slauson. Occasionally there are guest attendees like Nate Korn, proprietor of Kaufman's West, or others as well at this "Chief's Staff" meeting. This meeting has a set agenda which includes weekly reviews of significant events, unfolding challenges, new issues, and of course there is a weekly review of personnel. As anybody who works, or has worked with, Schultz knows that he is a stickler for certain details. Nobody can say that Chief Schultz does not involve himself in all matters of APD. From the MDT on his desk (which is more commonly found in an officer's patrol car) to the constant spread sheets with data, APD's Chief Schultz has a vast array of sensitive department data at his finger tips.

In addressing personnel concerns there is a weekly memo drawn up that identifies how many sworn officers in total there are on given week. Then there line items that address how many officers are on extended leave, are on injury duty, are on administrative leave. Directors of the the police academy also provide an update as to how many cadets are still in basic training, how many applicants have applied for the next class, how many applicants are having their background investigation being done, and how many conditional offers of employment have been extended for prospects to enter the next academy.

The point is, at any given week, Chief Schultz knows exactly how many officers are employed in APD, how many are leaving, and how many are coming in. Likewise, Chief Schultz knows exactly how many incidents of force there are pending bubble sheet review by his Operations Review lieutenant--this includes shootings.

Over the last week or so, our Eyes have been flooding us with internal memos and documents from recent and past "Chief's Staff" meetings. And what we have learned is alarming at least and shockingly frustrating at worst. Documents show us that when Mayor-elect Berry started his transition shortly after his election, Mayor Chavez's former Public Safety Director Pete Dinelli provided Mayor-elect Berry with a transition report. This report details that on October 13, 2009, APD had a total of 1,094 sworn officers. Then in a memo provided to us from the August 24, 2010 Chief's Staff meeting, the total sworn count of officers had dropped slightly to 1084. Now the latest personnel memo provided to us from the September 4, 2012 meeting shows us that 997 sworn officers. Our Eyes tell us that over one hundred additional officers will be retiring before next year's officer bid in late March/early April. In addition to these officers will be many high ranking officers including virtually the entire command staff will be leaving out the back door for greener pastures we are told.

While all of this manpower is fleeing APD like the sinking ship that it is, the department is not attracting many new candidates. As evidenced by this past Friday's graduation where not even a dozen new officers now go on to OJT training with Field Training Officers, the freshly minted officers are not being instructed under accepted standards of basic police instruction. Instead of an environment where the new officers will be trained to operate together as a unit and to experience stress so that they can cope with the experience out on the street, they are being handled like "students." While the APD Academy must follow the state's DPS curriculum in order to gain certification by the state, the delivery of that curriculum is at the discretion of the agency. Unlike NMSP or BCSO, or even docile DPS, APD's new approach is to create a learning environment absent of stress and structure. No longer do you here "Yes Sir" or "Sergeant" or "Lieutenant," but you hear "excuse me" and supervisors called by their first names! No longer is there "stress days" to help build cohesion or even D & C at lunch to identify weaker cadets. The current model is more akin to the FBI academy model where college graduates are turned into investigators who, when they need help, call upon the local police for the hands on work.

We at the Eye are not surprised about this at all. We've been addressing this concern since last March when we charted out that this year's patrol officer bid was a shocking step back from prior years. As any officer knows, the number of patrol officers at the start of the bid only dwindles as the months go on. As our intrepid friends at the city's paper noted as an after thought in a recent editorial, there is a manpower crisis looming upon APD. Well this manpower crisis is not looming--it's here. With less than 1000 officers currently employed, over a 100 leaving in the next few months, and upwards of two dozen command staff officers leaving as well, APD will be functioning with less than 900 officers very soon.

The city has grown, the department's budget has spiraled out of control (and not because of labor Mr. Perry), citizen confidence in the department is as bad as its ever been, and personnel staffing has fallen off of a cliff. Yet Chief Schultz stands there saying all is well and his assistant Mayor Berry boasts about APD's accomplishments. Albuquerque's city leaders have either failed to anticipate this challenge or they have been chronically indifferent about it. We think its a bit of both. Of course this will not be addressed by the local paper because that would mean criticizing their own. While we're sure Mayor Berry will "unremember" this as he likes to say. Our response is, we'll see.

Mr. Berry and soon to be Mr. Schultz, the proof is in the pudding and this recipe is losing its primary ingredient: sworn officers. To the rank and file, we say thank you! To Mayor Berry and Chief Schultz, the writing is on the wall.

Oct 4, 2012

Schultz and Company take Junket While Ship goes Under

Not satisfied with restoring order in their own community and achieving the confidence of the very citizens they serve and the officers they employ, our Eyes tell us the entire 5th Floor went on a taxpayer funded jaunt to San Diego. All the deputy chiefs, Chief Schultz, and APD HR czar and stairwell stalker Karen Salazar spent the last few days in San Diego at the International Association of Chiefs of Police conference. Instead of focusing on the endless issues plaguing their very own department, the fearless leaders of APD and their cohorts received one of the 2012 IACP/Motorola Webber Seavey Awards. In issuing the award, organizers of the IACP stated:

"This award is presented annually to agencies and departments worldwide in recognition of excellence in police work. Focusing on strengthening community relations, communications and promoting overall law enforcement, this year's winners are once again prime examples of effective law enforcement community programs to be emulated by their public safety peers around the world."

In accepting the award, Chief Schutz went on his usual script of falsifications where he uses technology (that doesn't work or is not operational) and cooperates (co opts) with the private sector to achieve success. In other words, if not for his actions, there would have been fatalities at the NM State Fair parade a few weeks ago.

We at the Eye find this hugely ironic. Given Chief Schultz has driven APD into the ground where there are fewer field officers on the street than there were twenty years ago, all but the most inexperienced senior officers remain, endless 1983 lawsuits march forward, its leadership is mired in allegations of destroying evidence, hiding reports, and defying court orders from numerous high-profile incidents, and virtual total distrust from citizens in its jurisdiction, we can hardly swallow the idea of Chief Schultz, DCOP Feist, Banks, Warfield and others receiving an award recognized for excellence or "strengthening community relations."

In fact, we think the IACP's first president, Washington DC police Chief Richard Sylvester would even believe it and perhaps has rolled in his grave. Chief Sylvester was credited for advocating a citizen-soldier model, and was responsible for development of the many paramilitary aspects of policing. Something that APD has abandoned with their "student" training model at the their once nationally recognized academy. Given Chief Schultz's propensity for, in the best of light, misrepresenting information and events, or in reality, lying, we wonder what data was provided to the IACP to defraud them to assign this award to APD's commanding officers...

But as the Chief's assistant, Mayor Berry stated, "This recognition reaffirms what we have been saying all along….We have one of the best law enforcement agencies in the country." That being said, then please tell us Mr. Mayor, why are things in such failure and a virtual crisis?

Oct 3, 2012

Much Ado Over a Liar...

Much ado was made about a recent arrest during the opening day of the New Mexico State Fair. The following quotes are from stories and interviews regarding the arrest. Compare those quotes to the actual criminal complaint and we think things speak for themselves....

“Albuquerque's Top Cops Catch Drunk Driver who Sped Through State Fair Parade”


“Chief Ray Schultz's and Deputy Chief Allen Banks' Actions are Being Credited for Saving Lives”


“Police Chief Ray Schultz, who was helping with traffic control and security during the state fair parade, was the first one to get Gandara's attention and get him to stop.”


“He rolled down the window about an inch, an inch and a half and the chief immediately smelled alcohol, noticed the common signs of intoxication the slurred speech, blood shot and watery eyes...continued to maintain contact at which point the driver just rolled up the window and continued driving eastbound,” Sgt. Robert Gibbs said.


“The chief caught up with Gandara again at Central and Tennessee. That is where the chief smashed the driver-side window to help get gandara into custody.”


“The chief had a whistle in his mouth. With his left hand, (he was) trying to control the segway, and on his right hand, (he) was trying to open the door”


“He had no free hand to engage the camera, and there was a lot of dynamics involved. It was happening so fast and so quickly that there wasn’t enough time to afford him the opportunity to engage his camera. The same goes for the deputy chief as well,” Gibbs said.


And the grandaddy of all:

Editorial: Schultz Sets Example Of Policing APD Needs. And a city had a chance to see its police chief lead by example.

Our Eyes tell us, shockingly, there is no report documenting the use of force to breach the windshield, there is no report by any one of APD's 48 field investigators documenting the damage to the vehicle, there is no report showing the vehicle was towed, and lastly, there are no reports by Chief Schultz or Deputy Chief Banks either. We wonder if Chief Schultz's assistant, Mayor Berry, saw the video yet? And this is an example of the policing this city needs?

We at the Eye want to thank all of the rank and file officers who do the real work of policing day and night, every day, without expecting such fanfare. To them....thank you.