The Real Reason for the Mass Exodus at APD

Below is a retirement letter from an  officer who is sick and tired of Schultz distruction of the Albuquerque Police Department.  This letter spells it out truthfully.  The Eye On Albuquerque has been warning the Berry Administration and the citizens about this tyrant; now you have the opportunity to read it for yourself.  It appears this officer want you, the tax paying voting citizen to know the real truth of what is really going on in your police department.                                            

                                                        

                                                   

                                                                                                                                                        

 

 

The lack of responsibility and leadership is clear.                                                                    Schultz needs to be terminated and Berry voted out!

 

RESPONSIBILITY; It Is Time For Mayor Berry To Exit

Over the summer of 2009, we heard then-mayoral candidate RJ Berry boast and make a lot of promises of how he was going to improve Albuquerque's economic health and boost its quality of living by reducing crime. Despite the fact that Mr. Berry had been a representative in the state's legislature, Mr. Berry's political adviser Jason McCleskey marketed the candidate as a local businessmen of conservative values. Remember, Mr. Berry said he wasn't going to pay $300 Million for that trolley!

Mr. Berry's campaign platform was built upon four main ideas: 1) reducing government, 2) increase Albuquerque's economy, 3) improve government transparency, and 4) reduce crime. These promises made to the citizens of Albuquerque led over 36,000 people to vote for him leading him to victory over the 29,000 who voted for incumbent Martin Chavez, and Richard Romero's 17,000 votes.

On this platform, Mr. Berry promised a lot of things. As we look back to where we were three years ago in anticipation of next year's mayoral race, the data is stunning in that Mr. Berry's failures never seem to end. Over his four goals, things are worse than they were when he took office.

GOAL: Mr. Berry wanted to reduce the size of government.

RESULT: Under Mr. Berry's definition of reduction, that means fewer employees. And in his first year he deleted 162 vacant positions. (www.cabq.gov/mayor)

BUT: Employee retirees and resignations are out pacing new highers. There is a personnel crisis in the city's public safety agencies and there are still collective bargaining groups that do not have contracts. Mr. Berry has indeed reduced the the labor pool of city employees and he has reduced the quality as well.

GOAL: Bring businesses to Albuquerque

RESULT: The only results Mr. Berry can claims is that he has been working with John Garcia, his Economic Development Director, to develop a plant to get the local economy back on track and lot of rhetoric before trade groups and special interest organization.

BUT: There has been a net job loss since Berry took over and NMGRT revenues have continued to plummet. The headlines for the city and the region are horrific:

"New Mexico is a “death spiral state”(http://www.bizjournals.com/albuquerque/news/2012/11/26/forbes-nm-worst-death-spiral-state.html)

"NM dismal for “economic freedom" (http://www.bizjournals.com/albuquerque/news/2012/11/28/study-gives-nm-dismal-marks-for.html)
"No Growth in Albuquerque job Market" (http://www.bizjournals.com/albuquerque/news/2012/11/27/no-growth-in-albuquerque-job-market.html)

GOAL: Transparency

RESULT: Mr. Berry did in fact revise the city’s website.

BUT: In every significant event which has challenged this city, Mr. Berry has feigned ignorance and has been obvious in what can only be gross ineptitude or deception.
In a recent high profile case, the Mayor stated “There’s a lot of questions, and they’re valid questions. It’s an important issue. It’s one that has obviously interested the community. Which is why I’ve order an investigation.”But Mr. Berry was not talking about unlawful and ghoulish conduct by APD brass at Mary Han’s crime scene, he was talking about Darren White’s conduct at an accident scene involving Mr. White’s wife.

With regards to Ms. Han’s crime scene which continues erode and tarnish this city, Mr. Berry hides in a most NONTRANSPARENT fashion behind lawyers and defendants. (http://www.kob.com/article/stories/S2829170.shtml)

When confronted with the obvious chaos and failures of APD, Mr. Berry vetoed the DOJ investigation instead of being transparent and inviting them in to help restore faith and trust amongst the community with APD. (http://www.koat.com/news/new-mexico/albuquerque/Did-mayor-try-to-stop-DOJ-investigation/-/9153728/17587332/-/3txp0ez/-/index.html)

GOAL: Address property crime.

RESULT: Our city, Our property plan.

BUT: Property crime rates continues to climb.
http://www.abqjournal.com/main/2012/10/30/news/duke-city-crime-increased-in-2011.html
http://www.fbi.gov/stats-services/crimestats
AND he abandons his own plan.
-No legislation changes
-No partnering with other agencies or multi-jurisdictional approach.
-Computerized modeling not deployed and failed to anticipate APD’s own issues
-APD releases firearms not in compliance with federal regualtions.
-Nite Detectives squad is a failure.
-http://www.youtube.com/watch?v=ilaaj4EXsuw

And worst of all, he has lost the largest police department in the state to the total and complete scrutiny of the US Department of Justice. Despite the counsel of experienced political, business, and community leaders, Mr. Berry has stood by APD’s Ray Schultz while the department collapsed. APD loses more officers to retirement and resignation every day, new recruits are few and far between, and now Mr. Schultz has completed his destruction of the department by laying blame upon the rank and file officers and detectives instead of taking personal responsibility. The individuals pictured above are responsible for this mess. Mr. Berry, Mr. Perry, Mr. White, Mr. Schultz, and Ms. Levy.

MR. MAYOR, IT IS CLEAR YOU ARE WITHOUT ANY ABILITY TO RUN THIS CITY. PLEASE RESIGN!!!

 

 

 

 

If you want to listen to all of Berry's empty promises that are now lies click (HERE).

Department of Justice Seeks Input From Citizens

As we all now know, the US Department of Justice announced a formal and comprehensive pattern and practice investigation is under way into the Albuquerque Police Department’s violations of federal law and the Constitution. (http://www.justice.gov/crt/opa/pr/speeches/2012/crt-speech-121127.html)

For approximately two years, the specter of the DOJ coming in and investigating APD has lurked in the minds of officers on patrol, citizens stopped by officers, and community members demanding change in city council meetings. But we at the Eye know that nobody more than Ray Schultz and RJ Berry have been thinking about what it means if the DOJ were to come in and investigate the department. It would mean Failure. And Mr. Schultz and Mr. Berry want us to believe they have done everything they could to keep this from happening.

From Darren White’s grandstanding of having the Police Executive Research Forum (of which Mr. Schultz was a board member) evaluate the department to the Matrix Consulting Group’s operational analysis to Mr. Schultz’s own personal ideas, the results of these efforts have been the addition of layers and layers of “things” thrust upon APD personnel. Thinking there was too much of paramilitary culture in APD, Mr. Schultz changed the department’s once lauded academy to one that holds academics over duty and deprioritizes discipline and order. Thinking all incidents involving officer and citizen contacts needed to be video recorded, Mr. Schultz deployed lapel cameras on officer but has concealed disfavorable video. When caught with misconduct by deputy chiefs illegally using their cellphones at crime scenes, he had the phones replaced in violation of court orders.

At today’s press conference Mr. Berry and Mr. Schultz revisited these lies and added more. They stated they themselves realized there was a spike in officer involved shootings and not the outcry of the community. They stated that they are engaged with the community for ideas despite ignoring the community groups that pack every city council meeting. They said APD is leading the way in the deployment of new technology, while Mr. Schultz stands there without his own lapel camera on and while Mr. Schultz failed to follow his own SOPs during his alleged NM State Fair arrest. They said they have adopted and followed all of DOJ’s recommendations over the last two years, yet here DOJ is. They stated that crime rates have fallen when in fact they have risen. Mr. Berry stated we “have had a community dialogue” yet at every point of controversy the mayor has evaded, denied, redirected, or just admitted ignorance to the issues presented to him.

When confronted with these lies, a reporter asked Mr. Berry if this action by the DOJ will be a “black eye on the City,” Mr. Berry evaded the question and did not answer it. The fact is, despite all of these superficial changes to APD by Mr. Schultz and Mr. Berry, they have remained in charge of APD. It is because of their failures that APD is in such a crisis that the DOJ must now come in to undue the mess they have created. While editor Ken Walz and his paper, the Albuquerque Journal, opined that Mr. Schultz is the “right man for the job” (Albuquerque Journal, 9/2/11) it seems they were wrong once again. And their blind endorsement of a man totally out of his depth in his ability to lead a major city department will be costly. DOJ’s actions will have significant economic effects as this is much more than a black eye upon the city but the state as well. Mr. Berry and Mr. Schultz’s failures have not only tarnished a once fine department but they have tarnished the city’s economic future.

Assistant Attorney General Perez stated that DOJ’s investigation will not be limited to incidents of force by APD officers but will be an investigation into the “totality of the circumstances.” Perez stated that in these investigations every door leads to rooms with other doors, and ominously added “sometimes there are trap or hidden doors….[w]e will peel the onion to its core, and leave no stone unturned. We will follow the facts wherever they lead us.”

Assistant Attorney General Perez was very clear in wanting information from the community regarding the investigation of APD. “We invite anyone with information to email us at community.albuquerque@usdoj.gov or call our community voicemail box at  (855) 544-5134, which is available in English and Spanish.”

Peel away Mr. Perez.

SCHULTZ SEEKS JOB AS BUS DRIVER

As APD's Ray Schultz was put under the microscope of the US Department of Justice today, we expected Mr. Schultz's actions to be swift and severe. And sure enough they were. Later today Mr. Schultz released the names of officer's on the department's "Early Warning System" (EWS). In years past, officers found themselves on the EWS because of 5 or more incidents of force or complaints in a given twelve month period. This doesn't mean they've done anything wrong...it's simple math: more contacts=more arrests=more complaints/use of force. Officer were then generally briefed by the their chain of command about and continued on with their duties. If there were indeed discipline issues resulting in placement on the EWS then that was handled as well.

Because this information personnel file related information it was treated confidentially and was not for public dissemination. It's easy to see why as being listed on the EWS could be viewed as having done something wrong when in fact the opposite is true. Most officers who are on the EWS are extremely hardworking and model police officers.  We will not release the names of the officers on  this site. We refuse to allow Mr. Schultz a stage to further violate these officers rights to privacy.  At this point; the officers on that list have not been found guilty of anything.

This all changed today. Mr. Schultz had declared war on his own personnel by releasing this information to the public. Mr. Schultz shoved many good officers under the bus in an effort to divert attention away from his own ineptness.

THE START OF THE END

November 27, 2012
                                      *******MEDIA ADVISORY*******
      JUSTICE DEPARTMENT TO HOLD PRESS CONFERENCE TODAY TO    
                     DISCUSS ALBUQUERQUE POLICE DEPARTMENT

ALBUQUERQUE – Assistant Attorney General for the Civil Rights Division Thomas E. Perez and U.S. Attorney for the District of New Mexico Kenneth J. Gonzales will hold a press conference TODAY, TUESDAY. NOVEMBER 27, 2012, at 12:00 p.m. to discuss the Albuquerque Police Department.WHO: Thomas E. Perez
Assistant Attorney General for the Civil Rights Division
Kenneth J. Gonzales
U.S. Attorney for the District of New Mexico
WHAT: Press conference regarding the Albuquerque Police Department
WHEN: TODAY, TUESDAY, NOVEMBER 27, 2012  12:00 p.m.WHERE: U.S. Attorney’s Office10th Floor Multi-Media Room (Reception on 9th Floor)
201 Third Street NW
Albuquerque, NM 87102

OPEN PRESS
NOTE: All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials. Media may begin to arrive at 11:45 a.m. Press inquiries regarding logistics should be directed to Elizabeth M. Martinez at 505-224-1469 or Jessica Masoner at 505-224-1448.

A True Tale of Deceit

Like all great dramas, the one unfolding below begins with good intentions and becomes sinister in its details and details…

This is a story you will have to read from start to finish.  This story reads like a Steven King novel but is non-fiction, where real lives have been impacted.  We will offer you this much: the end of the story should come as a shock but living in Albuquerque, you will simply say to yourself, "Why doesn’t anybody do something about it!?!"

In 2001 a local Albuquerque hi-tech company named InLight Solutions spun off of two companies: Lumidigm and TruTouch.  Lumidigm initially was a research and development company focusing on bio-metric technology.  They developed devices that could identify certain things by the mere touch of a person’s skin upon a light emitting sensor.  Lumidigm’s devices could confirm a person’s identity via reading their thumbprint or other devices could determine blood-sugar levels or analyze the amount of alcohol in a person’s system.  This technology was sought after by many government agencies and was highly promoted by Lumidigm:

“Our device ensures it's a real finger, and ensures you get a good-quality image."--Robert Rowe, Chief Technology Officer of Lumidigm. Albuquerque Journal, 8/22/05.

 Lumidigm’s sister company, TruTouch, produced products incorporating Lumidigm’s devices. One such product was the TruTouch 1800 which was a machine that could determine a person’s blood-alcohol level by mere touch.  Instead of requiring the invasive procedures otherwise used by drawing breath, blood, or urine, the TruTouch 1800BC presented a means to easily assess a person’s BAC and in only about a minute’s time.

In 2005 then Representative, Heather Wilson (R-NM), and then Bernalillo County Sheriff, Darren White, announced $500,000 in federal funding used to support a pilot program using emerging technology to combat drunk driving.  In June 2006, Senator, Pete Domenici (R-NM), announced that TruTouch received more funding.  This funding was in the form of a $216,000 federal Small Business Innovation Research grant to assist in its blood-alcohol measurement research.  Domenici stated, “…new technologies like this can be used to help make our roads safer.” TruTouch’s target market for its product was now public record; Law enforcement.

Later in the year the Albuquerque Journal reported the CEO of MADD highlighted the importance of technology offered by TruTouch in that, “[E]merging technology is one of the most promising and potentially effective approaches to eliminate drunk driving in this country.” The paper added:

“The state doesn’t need another person or family coming home from a soccer tournament…to be slaughtered by another drunk who shouldn’t have been behind the wheel in the first place.”—Albuquerque Journal, 11/19/06.

In February 2006, the Bernalillo County Commissioners considered a $494,000 proposal by TruTouch to pilot a DWI enforcement program using three TruTouch 1800 machines.  In praise of TruTouch, Darren White boasted, “[t]his is the future of DWI technology…I was a DWI officer almost 20 years ago, and the machine that we use to do the breath tests is pretty much the same, with just a few minor changes. I think this is going to revolutionize the how law enforcement does DWI investigations." (Albuquerque Journal, 2/27/07).

With almost $1Million in public funding, a local market rich in application, and the chief officer of one of the largest law enforcement agencies in the State, the Albuquerque Journal correctly opined that “TruTouch Tech Ready to Grow in 2008” (Albuquerque Journal, 1/7/08).  In February 2008, White announced his candidacy for the Congressional seat being vacated by Heather Wilson.  And with the 2008 Summer rapidly closing in, the Bernalillo County Commissions granted $380,000 to Darren White’s department to buy three TruTouch 1800BC machines and use them in the field.  In typical bombast, White stated, “[l]ong term, my sense is this device will revolutionize the way we conduct DWI investigations.” Noting that BCSO is the first law enforcement agency in the country to use this technology, it is important to get machines field tested so that their results can be validated in the field and can be used as evidence in the court “…hoping that within two years courts in NM will recognize the device.” (Albuquerque Journal, 5/29/08). 

With headlines like “APD Pulls Out All Stops in Summer Crackdown,” the May 30, 2008 Albuquerque Journal editorialized the importance of a zero tolerance approach to DWI and promoted BCSO’s new TruTouch devices and that they will be used in the field by deputies.

But then, it all disappeared.

With the entire ramp up, federal and state money, public rhetoric, promotion, and more DWI tragedy, the success of TruTouch’s vaunted machines disappeared in the news until October 27, 2008 when it was revealed TruTouch’s then-President, James McNally, and board member David Durgin made illegal campaign contributions to candidate White.  Martin Heinrich then walked over White's grave winning the seat by over 12-points.  In February 2009, Bernalillo County severed ties with TruTouch because of its company leaders making illegal contributions to White in violation of state law.  White slinked away and remained quiet until October 6, 2009 where upon RJ Berry won the Albuquerque mayor’s race.  Berry immediately confirmed that White would be the city’s new public safety czar overseeing the largest public safety agencies in the state with White resigning as Bernalillo County Sheriff.

Yet the story of White’s involvement with and for TruTouch only evolved.  BCSO’s new sheriff, Dan Houston, made a startling discovery one day in late winter of 2011.  Houston found the three TruTouch machines sitting in a closet off of a conference room.  The TruTouch 1800BC units were still in the packaging, having never been used.  Because over $1Million of public money had been spent on these three machines for no legitimate purpose, Houston invited the state’s attorney general Gary King to investigate the matter. White immediately projected blame on TruTouch stating that:

“After many failed attempts to get TruTouch to address our concerns, we offered to renegotiate a contract with terms for which we hoped they could comply, in order to put the equipment to use.—Darren White. Albuquerque Journal, 3/15/11.

TruTouch responded by saying not only did they provide training to BCSO personnel but they had multiple sessions and such training was a component of their contract with the county. TruTouch’s CEO, Richard Gill, added, “On checking our records, it seems BCSO failed to follow up on the several TruTouch solicitations to move forward.” And that TruTouch’s invoice was paid in full by the County upon satisfaction of all of its elements. (Albuquerque Journal, 3/9/11)

On March 15, 2011, the Albuquerque Journal, reported that the NM DOT bought six TruTouch machines for $78,000 and that the machines were working fine and were deployed at different offices throughout the state. On June 30, 2011 AG King sent White and Wilson letters requesting to be interviewed with respect to their involvement with the funding and alleged use of the TruTouch 1800BC machines.  Since then, the story over White’s involvement with TruTouch has all but disappeared.

Given White’s endless promotion of how their product was to “revolutionize” DWI investigations, how BCSO was a pilot agency leading to evidentiary certification of the machines and thus national sales for TruTouch to law enforcement agencies across the country, and given White’s status as BCSO’s leader and his note stating:

“The Sheriff…will oversee the project and expenditure of grant funds and submit all necessary reports to the proper agencies.”—Darren P. White, 2/19/08.

How is it even a plausible consideration White failed to pursue the use of these machines?

When confronted with the unused machines, White asserted that TruTouch simply failed to train BCSO how to use the units.  With so much hype surrounding the machine’s effectiveness, with so much at stake involving DWI enforcement (remember this is in the aftermath of the drunk driver, Papst, murdering an entire family), with so much public money invested in a sole company where corporate leaders illegally contributed to his federal campaign during the time he states they wouldn’t communicate with him, with TruTouch at the threshold of national sales, we are supposed to believe Darren White?

Obviously, there is a bigger issue here.  Bernalillo County paid over $126,500 per TruTouch machine, whereas, NM DOT paid about $13,000 per unit.  And while TruTouch has continued to move forward with their products, they have yet to make an entry into the law enforcement field and primarily rely on sales to employers who use the units to make sure employees are not drunk at work.  But TruTouch’s sister company Lumidigm has had stunning growth.  They have recently sold 12,000 scanners to the Brazilian market and have about a 30-percent growth in sales revenue each year since 2006. (Albuquerque Journal, 7/2/12).

 How big of an issue is White’s involvement with TruTouch we wonder?  Is it enough to jeopardize the multi-million dollar and national security oriented business of Lumidigm?  Why would White obviously lie about his relationship with TruTouch?  It seems in the fall of 2009 we had an opportunity to find out.  White was called as a defense witness for Brad Ahrensfield and was expected to testify in support of Ahrensfield by confirming Ahrensfield had not provided information to Car Shop owner and alleged target, Shawn Bryan.  Yet, upon taking the stand, White reversed himself from previous representations and stated he did not know Bryan and certainly had no knowledge that would be in support of Ahrensfield.  Former APD Officer, Ahrensfield, was being prosecuted by Assistant United States Attorney, Tera Neda.  Why does this matter?

Ms. Neda’s husband is Dr. Robert Rowe, Chief Technology Officer for Lumidigm and patent holder of technology used by Lumidigm and TruTouch.  The facts appear to support that Ahrensfield’s case seems to be a collateral issue involving White, Rowe, TruTouch, and Lumidigm.  If White were to be truthful regarding his friendship with Bryan, would he not jeopardize all of the business interests of Lumidigm and TruTouch and mire both companies in scandal?  Because Ms. Neda had a vested interest, via her husband, and her husband had direct financial interests in a witness adversarial to her case, should she have recused herself?  Would this have been a huge conflict of interest?  Did White commit perjury on the stand or was he “influenced” by the relationship with Dr. Rowe?  Why didn't Tera Neda disclose this conflict of interest to the courts and/or the defense?

Clearly, there are major issues involving all of these parties that go beyond the scale and jurisdiction of local or state law enforcement.  It appears there is fraudulent use of federal funds, false applications for grants, misrepresentation to investigators, and malfeasance by public officials.  While AG King initiated an inquiry into this matter with Heather Wilson and Darren White, it seems that investigation has gone nowhere. “Nowhere” is sadly becoming the standard location of holding people in power in New Mexico accountable.  Since the "G-boys" were quick to go after a cop; let's see how fast they are to go after one of their own.  We have done all the work for them short of prosecution...

Albuquerque's Independent Review Office has Another Problem

Since 2000, Bill "Trey" Flynt has been an investigator with the city of Albuquerque's Independent Review Office. The IRO is the primary office which receives and processes complaints against APD officers. Upon receipt of the complaint (known as a CPC), either the IRO handles the investigation of the complaint or it is assigned to personnel in APD's Internal Affairs unit.

Any officer who has been the target of a CPC, or a witness, or a supervisor has undoubtedly come in contact with Mr. Flynt. Mr. Flynt's reputation as promoting himself as the most knowledgeable IRO employee and the most experienced of IRO investigator's precedes himself. Now it seems Mr. Flynt has let his overconfidence get the best of him.

As recently reported, Mr. Flynt was caught selling counterfeit NFL jerseys. But not only was he caught unlawfully doing this thanks to his self-promoting ads on Craigslist.com as a direct supplier where purchasers can "bypass middlemen" but he apparently did this on City time and on City property. You see Mr. Flynt sold to an undercover news crew! Given that as of this posting the city's transparency site states that Mr. Flynt earns $25.40/hr and has year-to-date earnings of $46,736.00 we wonder what time he spent "investigating" was actually in furtherence of his on-line retail activities? Given Mr. Flynt committed these crimes while at work, it seems his timesheets should be subject to scrutiny to see if we taxpayers paid hiim while he was working outside the scope of his official duties!

Making matters worse, our Eyes have alerted us that Mr. Flynt's activities were widely known on the APD's 5th floor where he frequently gave jerseys of the favorite teams of department leaders and other personnel. Given it seems that it was widespread knowledge that Mr. Flynt was up to no good, why did Chief Schultz and former IRO Deaton permit this activity to continue? What did they know and when did they know it?

Lastly, because Mr. Flynt's activities involved interstate commerce, it seems only natural federal law enforcement agencies should be involved. Our Eyes tells us that exactly is the case in that property and computer in possession by Mr. Flynt have been seized and are being analyzed....Where is Tera Neda when you need her?  Of course Ms. Neda has no family ties to the phony NFL supplier, right?
 

Wouldn't it be ironic if after all the endless incidents of misconduct and crimes by the leaders of APD, that what ultimately brings them down is their own greed for NFL jerseys....?

It should be noted, APD's PIO. Rob Gibbs. said that Trey may not have committed a crime because the buyer "should know" they aren't getting what they're paying for. So in his simpleton logic, because a victim believes they may be victimized, the offender has no longer committed a criminal offense.

 

Educators are Sick of the Corruption in APS

Our friends in the educational field have voiced their concerns with the corruption inside the Albuquerque Public Schools.  Below is an open letter to the Eye out-lining the truth.  APS has a mediocre (at best) union but the top folks are self serving and greedy as is the APS Superintendent.  Winston Brooks IS NOT worth a six digit salary and he does not deserve an additional $30,000.00 increase to his retirement.  APS is a failing school system and our tax dollars are giving Brooks an extra $30,000.00 on top of his $250,000.00 plus a year salary? For what? To be the head of a failing school system?  So he can take his pension, that we provide him, to some where back East?   That $30,000.00 could have funded two additional educational aides at a troubled school but instead the APS School Board chooses to blow it on another failed superintendent.

 

Albuquerque Metro Authorities have a history of hiring and paying big dollars to out-of-towners who want our jobs and money; only to take a job away from a New Mexican and allow them to spend their fat pension in a different state that does not benefit our community in the least.  We have plenty of educated people locally that possess all the knowledge, skills, abilities and other characteristics to do any job here.

 

Dear "Eye,"

I have been an avid reader of the Eye on Albuquerque blog page for a number of years. I admire and respect everything that you have done to expose then Mayor Chavez and now Mayor Barry, Chief Schultz, and the rest of the "Burque" despots. It is about time someone in this city take notice of the actions of our public officials and hold them accountable. I would like to add to your growing list despots the high administrators living in the "Twin Towers" of the Albuquerque Public Schools and those that run the Albuquerque Teachers' Federation, Ellen Bernstein and John Boyajen.

I have been a teacher in APS for many years. I taught students with APS through the dark, drug fueled days of Brad Allison and taught through the 3 headed mess that followed. I was around when Beth Everette violated employees’ rights and refused to pay charter schools their federal funding. Now, I continue to teach through the lies of Winston Brooks and his cronies. I have done everything that has been asked of me "with fidelity" as I have been told to do by my administrative leadership. I cannot sit by any longer and allow them, APS Administration and the Albuquerque Teachers Federation (ATF), to outright lie to the citizens of Albuquerque.

Since Winston Brooks has taken the helm of APS, teacher moral within the district has deteriorated and continues to do so. The last straw, at least for me, was when the Albuquerque Journal reported a 6% salary increase for top level administrators and the APS Board approved a $30,000 increase to Mr. Brooks’ retirement package. One thing I should make clear, all "step raises" (time in service) and cost of living allowance adjustments have been frozen for the past 4 years but the APS School Board has given Winston Brooks a raise almost every year he has been in charge of APS. Winston Brooks rationalized that the 6% salary increase for his top administrators citing that (I'll paraphrase) because there are less top administrators, those in currently position have had to take on extra duties. If one is to take that as a reason to award a raise to employees then the teachers should also be receiving a raise. I am a high school teacher, legally capped at 150 students under the current educational law. However, because of "budget cuts" there are fewer teachers within the system teaching an ever increasing number of students. APS applied for, and received, a waiver from PED and my current student caseload is 170 students. While 20 extra students may seem like a minor increase, consider all of the planning, reading, writing and grading that must take place for each student. KOAT News quoted Mr. Brooks stating that the additional monies placed in his retirement package “helped to make him want to stay in Albuquerque.” Really? He needed more money to entice him to stay in Albuquerque? I have to ask then, what is there to entice me or other teachers to stay in APS or in New Mexico for that matter? It certainly isn’t the pay; according to a recent study of teacher salaries, New Mexico, and APS specifically because they follow the state minimum salary requirement, ranks 47^thin teacher pay among the 50 states, however, we, New Mexico and APS, rank 12^thin administrative pay. The pay issue isn’t just a teacher issue. APS Educational Assistants receive an average of $14,000 a year on an hourly basis. Educational Assistants are not salaried employees, but hourly, thus they do not receive any pay during school breaks or summer vacation.

Rigo Chavez and Monica Armenta are just mouthpieces for Winston Brooks and lied to the citizens of Albuquerque. Rigo Chavez stated that APS has kept medical insurance rates steady for some 3 years while the rest of the population faced an increase in their premium payments. This is a lie. APS did no such thing. Actually what APS did was contract with an outside company to create a “health profile” for all APS employees and their beneficiaries and set up a “Wellness Center.” While this is an “optional” program in that APS employees can decide NOT to participate in, those that opt out are punished financially. Every year that an employee opts out, their premiums increase by $20-$40 a month depending on which health insurance plan and how many family members use the policy (I carry both my spouse and child on my insurance, my premiums have increased by $80 A MONTH in the over the last 3 years. Furthermore APS told its' employees and the citizens of Albuquerque that the “wellness screening” is anonymous; this too is a lie. There are 2 parts to "wellness" program; a “voluntary” online survey and a physical screening. In both cases the APS employee MUST provide their employee ID number in order to access the website survey and for “data collection” during the physical screenings. If, as promised, all of the information collected on APS employees is anonymous, then why must APS employees submit their employee ID numbers? Similarly, employees were told that bringing in documentation of such health screenings performed by their primary care physician is not acceptable; all employees must have their screenings done by the technicians provided by the contracted company. Since when does a medical technician know more about an individual’s health than that individual’s primary care physician? Further proof that the information collected through both the website survey or physical screening is not anonymous; after I completed the online survey last school year and again this year, I received a call from the “Wellness Center” at APS’s Twin Towers to inform me that, based on my answers, I qualify for my own, personal, “wellness coach.” It should be noted that the person that offered this to me called my direct extension at my school site AND called me by my first and last name. Obviously, the data collected by APS is not anonymous.

Ellen Bernstein is, contrary to her claims, simply another "Yes Man" for Brooks. While she claims to be on the side of the teacher, she hasn't quite lived up to this claim. Consider the latest contract "vote" before the 2011-2012 school year. Ms. Bernstein claimed that she fought to insure that every teacher had access to a computer. We already had that. As a matter of fact, the district requires that all of our student attendance and academic records (at least grades 6-12) be maintained on their server using their software (known as iCue to teachers and iParent to parents, same system, different names). Ms. Bernstein also reported that her team negotiated more preparation time for elementary and middle school teachers. My colleagues that teach at those levels tell me that they have not yet seen an increase to their prep times.

In regards to teacher/EA pay issues, Ms. Bernstein continues to follow the APS line that, “there just isn’t the money.” She also claims that she lobbied the state legislature to decrease our mandatory, involuntary salary deductions to the Educational Retirement Benefits program. She has stated at every school she visits and in the press that she lobbied to have the state legislature decrease our deductions by 1.75% (about $100.00 a month in my specific case). She did no such thing. The 1.75% increase that all teachers in New Mexico were forced to pay was, legislatively, a 1 year only deal. It was passed simply to shore up retirement funds AFTER the state realized that they had over paid hundreds of retired teachers. Ms. Bernstein’s reputation in Santa Fe is shot. Most legislators I know, on both sides of the isle, regard her as simply a minor annoyance who only makes threats rather than trying to work with legislators (“If you [legislator] don’t _________, then I will tell all of my teachers not to vote for you and we [ATF] won’t support you.” Under Ms. Bernstein’s leadership, the ATF has grown so weak and ineffective that even APS Administration laughs at the union and does what it wants.

In regards to teacher evaluation, we all agree that there should be a system put in place to evaluate teachers. The method that APS has chosen, with help from the New Mexico Public Education Department, is completely unfair to teachers. Over half of teacher evaluation would be based on student achievement on the New Mexico Standards Based Assessment. This is ONE test give only to students in grades 3-8, 10, and 11. I do not teach any of those grades and yet my evaluation (and pay if APS and PED can get the system approved) will be based on the effectiveness of middle school teachers and middle high school grade teachers. This merit based pay system that is being "piloted" by several schools in APS already. For years the American Federation of Teachers (parent of the Albuquerque Teachers’Federation) and National Educators Association have fought against merit based pay, citing that it is unfair to teachers in areas where education isn't exactly of the highest priority and does not account for issues such as behavior issues and poverty. Given this, why is Ellen Bernstein listed as a co-author on the plan currently being piloted?

Ellen Bernstein has no problem throwing teachers under the bus. In 2002 when the state legislature passed the “3 Tiered Licensure System”she was one of the chief supporters of this law. If one really looks at the system it violates both the Federal and State Constitutions by denying the right of appeal to all teachers who do not pass the dossier system. While this is not specifically related to APS or Albuquerque, it does affect the quality of educators that the district hires. The 14^th Amendment of the Constitution of the United States of America states that no state shall deprive a person of property, life, or freedom without some type of appeals process. A teaching license, like a law or medical license, is a property interest. An individual works hard to educate themselves to earn this license. There is no appeal process for the “dossier”system currently in place. If a teacher does not pass the dossier review, the State will revoke the teacher’s license. Ms. Bernstein seemed to just rubber stamp this under the guise of “better teacher pay.” The Federal Department of Labor and Statistics has reported that the poverty level for individual families of 4 sits at roughly $40,000 a year. I earn less than $42,000 with over 10 years of experience and both my BA and Masters’degrees (both in education which is more than can be said for our illustrious PED head Hanna Skandera). Beginning teachers within APS earn a paltry $30,000 a year; many carrying over $50,000 in student loan debt. When several teachers went to Ellen and the Albuquerque Teachers' Federation, they were all told that the Union could do nothing to help them and didn't even know how to help if they could.

The teachers, EAs, secretaries, and other ancillary staff are scared. No one is willing to speak up out of fear of retaliation from either APS or the Union. It is with this letter that I beg you to please turn your “eye” to APS and the issues there. Someone needs to hold them accountable for their actions against the teachers, staff, and students of this city. I will sign this with my Twitter handle “AngryNMTeacher” because, like my co-workers, I too am afraid of my employer and their friends, the Albuquerque Teachers’ Federation.

Signed,

Angry NM Teacher

Cause and Effect

In the wake of a lawsuit alleging unlawful and despicable conduct as APD's and the City of Albuquerque's ruling class trampled the crime scene of prominent civil rights lawyer Mary Han, the APOA followed up with the release of their officer survey with shocking but unsurprising results regarding the crisis facing APD. Yet in the face of these stunning revelations, the city's Mayor, RJ Berry, and HIS police chief Ray Schultz commenced a counter campaign that makes us wonder if they have lost grips on reality.

RJ Berry recently stated, "the City is still on track to make 2010-12 the years with “the three lowest crime rates in the past 20 years.”

Really? Not according to recent stories in the television or print (mayor's spin paper) media:

http://www.kasa.com/dpps/news/crime/abq-sees-rise-in-property-crime_4895314

http://www.abqjournal.com/main/2012/10/30/news/duke-city-crime-increased-in-2011.html

But given there's always a chance that the media got it wrong, we looked at the FBI's own actual data and once again, RJ Berry has misrepresented and LIED about crime being at a 20-year low.

http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2011/crime-in-the-u.s.-2011/tables/table_8_offenses_known_to_law_enforcement_by_state_by_city_2011.xls

Then there is the issue of morale in the Department. As the book "Speed of Trust" indicates (remember earlier this year when APD promoted its reading during a quarterly management meeting?), organizations with high levels of trust not only have happier employees, but more productive employees.

According to Berry, "The City will offer $5,000 bonuses to cadets who finish the police academy and $500 bonuses to city employees who succeed in recruiting an officer. The initiatives are aimed, in part, at bolstering recruitment in case there’s a heavy wave of retirements." Sadly, RJ Berry not only misunderstanding the nature of police employment (even after boasting he's managed the department well) but has no clue about leadership. As he stated it is "neither my goal nor my job to win a popularity contest" and while being leader may not include being popular, all successful leaders are respected--something Berry neither understands nor has achieved.

However, we find it curiously ironic given Berry's much promoted status as a Republican "businessman" that his solution to the problems facing APD is to throw money at it. As endless studies concerning employee morale and productivity reflect, pay is rarely a significant factor in an employee's happiness and productivity. Since Berry and Schultz persist in their ignorance and inability in running the largest city and largest police force in New Mexico, here's a reminder of the top 25 elements affecting employee morale and performance:

According to a national study concerning morale amongst law enforcement officers, the top 25 elements affecting morale are the following:

1. Administration plays favoritism
2. Staffing levels are low
3. Motivation and morale is bad
4. Communication is very poor
5. Administration is “out of touch”
6. Administration does not support us
7. Discipline is unfair and inconsistent
8. Fellow employees have bad attitudes
9. Accountability is unfair or inconsistent
10. Supervisors play politics
11. Employees aren’t listened to
12. Criminal Justice system is frustrating
13. Bias influences leaders decisions
14. Training (internal) is poor
15. Respect isn't demonstrated
16. Teamwork is pitiful
17. Planning is non-existent
18. Safety is a low priority
19. Salary is not high enough
20. Criticism – there’s too much of it
21. Don't go to enough training seminars
22. Cooperation among workers is poor
23. Goals and objectives are never used
24. Supplies are inadequate
25. Sincerity - a lack of it is prevalent

(http://www.ethicsinstitute.com/pdf/Bad%20Morale%20Facts%20Now%20known.pdf)

Where is pay? #19. Not even in the top 10. Given Berry and Schultz's recent action to deny, deflect, and blame when the responsibility clearly belongs to them, they are now polarizing the issue even further. If our Eyes want to provide examples of their own for any of the items listed here...please feel free.  Facts do not lie; in contrast and comparison, Berry and Schultz make a living from lying.

We at the Eye will start with item #1: The Berry administration played disgusting favoritism when it failed to terminate deputy chiefs and commanders as they contaminated crime scenes and acted like ghouls instead of honoring their badge to initiate a criminal investigation.

Mayor Berry Disrespects Veterans and Country

Some say a picture is worth a thousand words...

This Mayor has no respect or etiquette; plain and simply stated, he has spat on every single Veteran and citizen by this repulsive display.


And he want to continue being our Mayor?...

Survey Says!!!

Several weeks ago the Albuquerque Police Officer's Association initiated a survey requesting from it's membership their take on a variety of issues. Foremost among those questions were how do you rank morale, what are the source(s) of APD's problems, how has Mayor Berry done, should the DOJ come in, how has Chief Schultz done, and should Chief Schultz be fired? Despite the, and frequently emotional, discussion here at the Eye, the APOA received a stunning turnout in respondents in the survey. Yesterday, in unusual step of bravery, APOA President, Greg Weber, and Vice-President, Shawn Willoughby, announced the results and the masses have spoken:

-99% of the officers say morale is as low as it could get

-80% disapprove of how Chief Schultz has handled the department
-95% disapprove of mayor Berry
-50% assert that Chief Schultz should be fired

Over the year we have heard about endless details about how during the Department's quarterly management meetings, values such as integrity and leadership skills have been promoted and taught via a series of speakers. Yet when the media sought a comment from Chief Schultz regarding these results, not only did he refuse to comment, but he expressed disappointment in not being briefed by the APOA regarding the results of the survey. Much like Chief Schultz publicly berated KRQE reporter Kim Holland for not alerting APD to officer misconduct before reporting on it, we at the Eye are staggered by the endless pomposity shown by APD's Chief of Police. We say this with all seriousness, Ray Schultz is the Chief of Police for the Albuquerque Police Department. Yet, as we have seen time and time again, he is a chief in title only; because he does not act like one or respect the position.

As dozens, if not hundreds, of officers continue to retire the future is now with APD. Our appreciation to the hundreds of rank and file who have to deal with department leadership that frequently is less trustworthy than criminals on the street remains strong. Hang in there APD officers and detectives the power remains with you to ultimately change this failed leadership.

DISGRACE; EVERY CITIZEN SHOULD BE REPULSED

On November 18, 2010, supervisors and civilians who had absolutely no authority or duty flooded Mary Han's home with no purpose other than to contaminate the scene, gawk at the deceased and make sure it would not be investigated for what it was; Murder.

The following personnel did not have any bona-fide, legal or legitimate reason/business for being at Han's residence. Their actions violated human dignity, morals, ethics, virtually every SOP, standard and practice for handling unattended death scenes and for that, we at the Eye strip them of their rank and post their identities as drawn from the recent lawsuit:

Paul Feist
Allen Banks
Beth Paiz
Robert Perry
Todd Wilham
Michael Meissenger
Tim Lopez
Rae Mason
Marc Adams
Darren White
Trish Hoffman
Paul Kennedy
UNKNOWN NAME
UNKNOWN NAME
UNKNOWN NAME
UNKNOWN NAME
UNKNOWN NAME
UNKNOWN NAME
UNKNOWN NAME
UNKNOWN NAME

It really doesn't matter if you personally liked or disliked Ms. Han.  This women was about business when she was in court. We at the Eye know Ms. Han was a tireless advocate of Constitutional Rights, especially the First Amendment's protection of Free Speech. May those responsible for her death and those co-conspirator's that covered up the scene be brought to swift justice.

It is heart-wrenching that the Police Department's top cop and his top subordinates would disrespect the dead.  Since Darren White was the Public Safety Director and Rob Perry was the Chief City Attorney; they should have known and stoped this disgraceful debacle.  We here at the Eye do not believe that you can get any lower than disrespecting the dead, with the exception of being a pedophile.

Of interest, Paul J. Kennedy (who should be a suspect or at a minimum a person of interest in Han's murder), was appointed to the New Mexico Supreme Court by Gov. Martinez.  Did our Governor do her homework like most attorneys or was this another decision made by  Matinez' lead person, Jay McCleskey?

UPDATED INFORMATION: Click on the bolded link to access the complaint: CLICK THIS LINK.

Election 2012

The Eye On Albuquerque would like to offer our best choices for public office. We want people in office who are “Community Care Takers.” Simply stated, we want people who really care about the community and who will work to protect and preserve our freedoms.  Our choices below all meet our criteria of what it is to be a "Community Care Taker."

U.S. Senate

Martin Heinrich is our current District One Congressmen. Heinrich has served the people of District 1 well. We see Heinrich as what we term as a “community care taker.” Heinrich has a proven past and a reliable future.

Heinrich will be our next U.S. Senator.

First Congressional District

Janice Arnold-Jones  is the clear choice over the her Democratic opponent Michelle Lujan-Grisham, who has failed to prove her ability on the Bernailillo County Commission.

Senate District 18

Lisa Torraco is a highly educated attorney with a vast knowledge base. Torraco is a family woman who we believe has the best interest of District 18 at heart. The Eye On Albuquerque sees Torraco as an up and coming “community care taker.”

Torraco will be our next District 18 State Senate.

OVER SEVEN MILLION HOURS OF EXPERIENCE MAY BE WALKING OUT THE DOOR AT APD

Less than a year ago, our friends at KOAT-7 broadcasted a story on the "APD Hiring Crisis" (LINK HERE). In that story, which primarily consisted of interviews not with APD recruiters, trainers, or APD Chief Ray Schultz or any deputy chief, but with Albuquerque Journal reporter Jeff Proctor, much was made of what kind of officers were being hired by APD and NOT about the fact that there are fewer officers than ever.

As current and retired officers continue to advise us, sworn personnel are leaving at a rate 10x higher than new officers are being hired. THAT is a crisis. New Mexico in general and Albuquerque in particular has floundered with any economic growth since RJ Berry and Susana Martinez taking office DESPITE surrounding states and comparable cities all moving forward. Even El Paso, has had positive growth. Yet here the economy remains stagnant and people are fatigued with the lies of Mayor Berry and Chief Schultz.

In the past few years, when Chief Schultz was confronted personnel shortage concerns the headlines looked like this:

"APD Requests $1Million for Recruiting" AJ 4/19/07
"APD Adjusts Hiring Goal" AJ 12/27/07
"APD Has Grown, but the Number of Officers Assigned to Service Calls Decreased" AJ 5/6/07
"APD Ranks Down from '07" AJ 4/21/08

And in response Chief Schultz modified patrol officer schedules to 5-eight hour shifts from 4-ten hour shifts and opened up the Northwest Area Command. Yet despite all this, and as the Eye reported at the beginning of the year, the number of officers assigned to patrol are at levels not seen since the mid-1990s. Officer now assigned to the field advise us that at most there are 330 officers assigned to the field which is spread out over the sixty squads throughout the six area commands. This means each squad on average has 5.5 officers in it leaving at MOST 16 officers assigned to take calls. That's 16 officers in each area command per shift. Sixteen.

But now, in true Schultzian fashion, Ray Schultz has said the 200 officers who have left simply don't matter. Really? Are officers mere widgets that can be replaced with new personnel upon retirement? Is that why APD's academy is almost six months long? Is that why recruit officers are on OJT for 3 months? Is that why recruit officers are on probationary status for a year? Studies and veteran officers both agree that it takes at least five years for an officer to mature. There used to be a time in APD where one could not even look at a unit such as SWAT without having ten years on. Now the minimum requirement is; non-probationary.

Law enforcement is one of the few professions where there is a never ending learning curve. Senior officers possess an incredible amounts of knowledge, skills, and abilities and other characteristics that are not simply replaced with new widget officers. An officer eligible to retire has over 18 years of experience and with the loss of 200 officers....over 37,440 hours per officer of knowledge, skills, and experience disappear. Poof! Gone! Cumulatively, if all 200 officers retire, it is a grand total of 7,488,000 hours lost. And while officers seem to remain on the job until death in virtually every other major city police department in the Country regardless of retirement benefits, here they are leaving as soon as they can. And our Eyes in PERA have told us, any suggestion that a financial door is closing compelling officers to retire is inaccurate and untrue as no such changes are scheduled to take effect until 2016. In other words, they are leaving because of Schultz and Berry NOT because of PERA.

Any competent manager knows that your experienced personnel are your most economical. They know how to do things the right way the first time and cause less errors. Chief Schultz seems to think fewer officers with all the department's "high technology" will supplant the retiring officers. Really? Since most of that technology is failing to work OR not implemented how so? And will that technology withstand scrutiny in the courts? And will those officers be available for court? Or has APD simply become an agency focused on making arrests instead of building solid cases? Our Eyes tell us not one, or two, but up to five lieutenants have had enough and are challenging Chief Schultz's policy with a group lawsuit. But for the time being, experience continues to leak out the door. And while in years past Chief Schultz's response was to increase the size of the department, here he has failed to take action. (Remember "Speed of Trust" Chief? Being inconsistent is not an attribute in case you forgot.)

We're sure that questions such as these will NOT be asked of Chief Schultz. Given that on the one hand he conveniently side-steps significant and complex cases such as the West-Mesa murders, organized high profile prostitution criminal rings and related murders, Mexican cartel related homicides, internet piracy rings, and public corruption in favor of violating his own officer's civil rights or grandstanding on his moving walker while failing to prosecute his own cases we can expect more of the same: LIES and deflection.

There's one thing we know is true however...the buck does not stop with Chief Schultz, it is deflected or LIED about.

APD Violates Federal Law

In the days since the conclusion of the Doyle v. Schultz labor hearing, our Eyes have gone in overload with the flooding of astonishing revelations and apparent violations of law by APD personnel. Compounding these issues, Chief Schultz's faithful propagandist the Albuquerque Journal's Jeff Proctor, spun the hearing into a forum by which the "FBI Gets Excessive Force Case" when in fact the headline should have read "APD Violates Federal Law."

You see whenever a police officers is hauled into IA for an administrative investigation, they are REQUIRED to answer questions put forward to them by the department. This is how it is, and that is why they are called compelled statements. If an officer refuses to answer any questions the department can fire them simply for those reasons. However, there are some safeguards protecting the officers. They get to bring two representatives if they so desire. And they have what are called "Garrity protections." These protections come from the landmark U.S. Supreme Court case, Garrity v. New Jersey, where the court held that compelled statements that subject officers to criminal prosecutions are unconstitutional and illegal.

So when an officer is interviewed in IA, they assert their Garrity rights by reading a statement and then proceed with answering questions knowing that their answers CANNOT be used against them in a criminal prosecution and because these answers (statements) are privileged. The investigating department CANNOT release the statements without the employee's explicit permission.

Now when Officer Doyle and Woolever were interviewed, they invoked their Garrity Rights and then proceeded to answer questions over the course of many interviews with IA Sergeant Jason Peck. However it was disclosed in this week's hearing that IA provided the FBI with copies of the Doyle and Woolever's IA files including the content of their interviews!

To be clear, it seems: At the direction of Chief Schultz, APD released and provided protected IA information to the FBI concerning an internal administrative matter involving two of its officers.

In other words, for all officers who now go into IA to give compelled statements, you are doing so under false representations made to you. Even though you will assert your Garrity rights, your statements are at risk because under Chief Schultz, despite federal law protections; Chief Schultz will violate those laws as he desires as he did with Officers Doyle and Woolever.

And despite what "reporter" Jeff Proctor states, the FBI HAD the file, they did not recently GET it. One would think such an "award-winning" writer as Mr. Proctor would want to ensure accuracy in his headlines and not mislead readers...

Lastly, when officers go into IA, they are provided with a "Garrity Statement." Our Eyes tell us there is no specific "Garrity Statement" and that there are many interpretations available. The statement below is one forwarded to us that is much stronger in language and is suggested what you use to read on the record before answering any questions:

GARRITY WARNING

1. I am being questioned as part of an investigation by this agency into potential violations of department rules and regulations, or for my fitness for duty. This investigation concerns (Identify the particular elements being investigated):

2. I have invoked my Miranda rights on the grounds that I might incriminate myself in a criminal matter.

3. I have been granted use immunity. No answer given by me, nor evidence derived from the answer, may be used against me in any criminal proceeding, except for perjury or false swearing.

4. I understand that I must now answer questions specifically, directly and narrowly related to the performance of my official duties or my fitness for office.

5. If I refuse to answer, I may be subject to discipline for that refusal which can result in my dismissal from this agency.

6. Anything I say may be used against me in any subsequent department charges.

7. I have the right to consult with a representative of my collective bargaining unit, or another representative of my choice, and have him or her present during the interview.

Our Eyes also tell us that APD lawyer Kathy Levy, failed to present any argument that made sense or was consistent with statements by Chief Schultz as to why Officers Doyle and Woolever were fired. Imagine that; more federal law violations by a sitting major-city police chief and continued inaccuracy in reporting by the local paper...