Sunday's Albuquerque Journal featured an above the fold special report by reporter T.J. Wilham with the bold headline "Contempt of Cop" (subscription). The story, no doubt inspired by the recent clash between KOB TV photographer Rick Foley and APD Officer Daniel Guzman, focuses on City Ordinance 12-2-19 - Resisting, Obstructing, or Refusing to Obey an Officer.
Oddly enough, this post has very little to do with the content of the Journal's story which could be boiled down to police officers have the authority to give you a lawful order and you are compelled to do so. Sometimes officers misuse the authority, often the charges are coupled with other charges, many times there is a plea bargain or the charges are dismissed outright. There's really not much of a story there but it did have an almost immediate effect - at least on Officer Daniel Guzman.
Our Eyes tell us that Saturday night before Wilham's story ran - Officer Guzman was relieved of duty shortly after he arrived for his shift. Some of you may be thinking "good he got what he deserved" which may or may not be true. Our problem is that no one has made a determination as to whether or not Officer Guzman had given the KOB TV photographer a lawful order - not a judge, not the IRO, no one.
Nothing had changed with regard to Guzman's case or the story itself except that the Journal was getting ready to run a front page story Sunday morning. The move by the 5th floor to suspend Guzman smacks of advance notice by the Journal or its reporter T.J. Wilham, and a preemptive strike by Chief Schultz and company - which makes us wonder who's really running APD.
It strikes us that the APD brass is acting as rashly and precipitously as Officer Guzman appears to be on tape. Making the decision to suspend an officer based on a news story (which is how this looks to us) is reactive and irresponsible.
Perhaps the 5th floor should consider some leadership training as organizations tend to take on the attributes of their leaders for good or ill. If officers are getting into trouble, if officers are showing a lack of patience when dealing with the public, the blame rests squarely with their leaders. Those leaders reside on both the 5th and 11th floors.
Jun 30, 2008
Jun 29, 2008
Rallys and Charter Fights
This coming Monday, June 30th at 4:00pm, city employees are organizing a rally at city hall to ask for the full 3.5% raise appropriated by the city council in this year's budget. Our Eyes tell us that The Almighty Alcalde is planning to dole out a 2.65% raise for FY 2008-2009 despite the council appropriation.
It's beginning to look more and more like the mayor and the council are living in two very separate towns - The Almighty Alcalde running his fiefdom and the council starting their own in an attempt to reign in the autocratic alcalde. It seems that Marty believes that the charter has granted him the authority to ignore the binding resolutions of the council whether it's pay raises or land purchases like the Osuna balloon "landing site" (ABQ Journal - Subscription).
It's beginning to look more and more like the mayor and the council are living in two very separate towns - The Almighty Alcalde running his fiefdom and the council starting their own in an attempt to reign in the autocratic alcalde. It seems that Marty believes that the charter has granted him the authority to ignore the binding resolutions of the council whether it's pay raises or land purchases like the Osuna balloon "landing site" (ABQ Journal - Subscription).
(Sidebar)The cold war that has been the the relationship between 11th floor and council seems to be heating up and the battlefield will likely be a courtroom. It's possible that council has overreached their charter authority on occasion. However, it's clear the the mayor regularly takes liberties with his authority believing the council to be impotent when it comes to enforcing their directives. Just how much latitude either side has yet to be determined.
The Balloon Fiesta landing site is nothing but a city park. Sure balloons would be able to land on the site if the wind happens to deposit the balloons over the 22 acre site. But lets be clear about this, the site is only useful when the winds blow balloons toward it and for the two weeks of the year when the fiesta is in full swing. The other 50 weeks of the year it's a park paid for and maintained by the taxpayers so that a couple of politicians could pander to Vista Del Norte.
Admittedly, that's all to often how government works but it doesn't make it any less fiscally irresponsible or any more of a balloon landing site. Besides, what kind of implied liability is the city taking on by creating a balloon landing site right next to high voltage power lines?
(End Sidebar)
Jun 22, 2008
Justice Served? Hardly
Judge Pat Murdoch reversed himself Friday and sent Elton John Richard II home to his family with time served, a five year probation, and the bill for Daniel Romero's funeral. It was a step towards righting a wrong that started when Richard plead guilty to manslaughter and ended when Judge Murdoch initially sentenced Richard to 2 years in prison and four years of $500 a month restitution to Daniel Romero's family.
There were a lot of wrongs in this case starting with Daniel Romero who made the wrong decision to try to pay off a drug dealer by stealing a vehicle from the wrong man. Romero's string of wrong decisions continued when he refused to be taken into custody to wait for the police, when he attacked the Marine whose Bronco he had tried to steal and when he ultimately turned to attack him for the last time.
Daniel Romero wasn't the only one to make the wrong choices. District Attorney Kari Brandenburg made the wrong choice when she decided to prosecute a man who only did what any police officer would have done in the same situation. Billy Blackburn, a high power attorney (one of the best really) was wrong when he advised his client to take a plea rather than go to court. Judge Murdoch was wrong when he accepted the plea and doubly wrong when he imposed his initial sentence.
Finally after all of those wrongs, Judge Murdoch did the right thing by reducing Richard's sentence. The problem is one right doesn't undo all of the wrongs that preceded it.
We have to admit that we initially struggled with this story. No one wants to see a fleeing man gunned down. But as we looked into the story we became more and more convinced that Richard acted in the best traditions of law enforcement and the Marine Corps. He protected his family and the rest of us, while restraining himself from using deadly force until he felt his life was in danger.
Ultimately, the only way that all of these wrongs can be righted is for the Governor to pardon Richard. Mr. Romero is dead because he was continually in the wrong. Mr. Richard lost the life he knew because of the wrongs done to him. Governor Richardson has the power to return a man's life - he should exercise that power and right all of the wrongs that came before.
There were a lot of wrongs in this case starting with Daniel Romero who made the wrong decision to try to pay off a drug dealer by stealing a vehicle from the wrong man. Romero's string of wrong decisions continued when he refused to be taken into custody to wait for the police, when he attacked the Marine whose Bronco he had tried to steal and when he ultimately turned to attack him for the last time.
Daniel Romero wasn't the only one to make the wrong choices. District Attorney Kari Brandenburg made the wrong choice when she decided to prosecute a man who only did what any police officer would have done in the same situation. Billy Blackburn, a high power attorney (one of the best really) was wrong when he advised his client to take a plea rather than go to court. Judge Murdoch was wrong when he accepted the plea and doubly wrong when he imposed his initial sentence.
Finally after all of those wrongs, Judge Murdoch did the right thing by reducing Richard's sentence. The problem is one right doesn't undo all of the wrongs that preceded it.
We have to admit that we initially struggled with this story. No one wants to see a fleeing man gunned down. But as we looked into the story we became more and more convinced that Richard acted in the best traditions of law enforcement and the Marine Corps. He protected his family and the rest of us, while restraining himself from using deadly force until he felt his life was in danger.
Ultimately, the only way that all of these wrongs can be righted is for the Governor to pardon Richard. Mr. Romero is dead because he was continually in the wrong. Mr. Richard lost the life he knew because of the wrongs done to him. Governor Richardson has the power to return a man's life - he should exercise that power and right all of the wrongs that came before.
It's Udall... For Now
We've always believed that Heather Wilson was better positioned to beat Tom Udall in the general election and that Steve Pearce was more likely to beat Congresswoman Wilson in the primary. That's exactly the position that we find ourselves in today. It's north vs. south in the New Mexico's version of the Civil War.
Actually, civil pretty well describes most of Congressman Udall's races as he's been the ten ton hard to beat gorilla in just about every race. From last week's Eye Poll things don't look too different this time around as he beat out Congressman Pearce by a 25 point margin (read the Eye Poll results here).
The question is can Congressman Pearce introduce us to the far left ideologist that Tom Udall really is or will Udall skate by with yet another cake walk campaign born of name ID and a large war chest. Make no mistake, Mr. Udall believes that government is the rightful arbiter of our freedom - an attitude that will ultimately lead to the absence of our liberty. Ironically, in our version of north vs. south, it's the south fighting for freedom and the north advocating bondage.
Actually, civil pretty well describes most of Congressman Udall's races as he's been the ten ton hard to beat gorilla in just about every race. From last week's Eye Poll things don't look too different this time around as he beat out Congressman Pearce by a 25 point margin (read the Eye Poll results here).
The question is can Congressman Pearce introduce us to the far left ideologist that Tom Udall really is or will Udall skate by with yet another cake walk campaign born of name ID and a large war chest. Make no mistake, Mr. Udall believes that government is the rightful arbiter of our freedom - an attitude that will ultimately lead to the absence of our liberty. Ironically, in our version of north vs. south, it's the south fighting for freedom and the north advocating bondage.
Jun 18, 2008
Richard Review
Elton John Richard's sentencing comes up for review this Friday. Richard was the former marine that convicted felon Daniel Romero tried to rob and paid the ultimate price for his felonious stupidity (read it here and here).
Our Eyes tell us that Sergeant Heh's news conference will be held at the St. Java Coffee Shop, 801 4th Street, NW at 8:00 am. We also understand that he and Wade Harless will make a radio "appearance" on the Jim Villanucci Show Friday afternoon.
We think that the decision not to take this thing to trial was a bad one in the first place. But according to Mr. Harless, Richard's no contest plea was in exchange for a promise that he wouldn't spend time away from his wife and child. We understand the motivation and the desire to be with his family but trusting the criminal justice system (and the DA) to administer justice is naive at best. The system is designed to pick the low hanging fruit not reward those with integrity and honor for their sacrifice.
----- Correction -----
The original post indicated that Wade Harless and APD Sergeant Paul Heh would be on the 770 KKOB's Jim Villanucci Show Thursday afternoon. That information was incorrect. We have confirmed that the two of them will appear (yes we know it's radio) Friday afternoon at 4pm. The timing may make the show even more interesting as Mr. Harless will no doubt have information about the Friday morning hearing.
(Sidebar)For the past few months, APD Sergeant Paul Heh (yes that sergeant) has been gathering signatures on a petition requesting that Richard's sentence be reduced. He's scheduled a news conference for Thursday morning where he plans to present the signature to Wade Harless - Richard's father-in-law. Mr. Harless wrote us a letter shortly after our first post giving us more information about the events leading up to the shooting and the behind the scenes reasons behind the plea bargain (read it here).
A note to anyone with felonious aspirations, DO NOT EVER attempt to rob a determined Marine. These guys voluntarily entered a branch of the military that prides itself on being the first into a hostile military situation. Your guns, knives, and gang BS aren't a match for a Marine's training, determination, and honor.
(End Sidebar)
Our Eyes tell us that Sergeant Heh's news conference will be held at the St. Java Coffee Shop, 801 4th Street, NW at 8:00 am. We also understand that he and Wade Harless will make a radio "appearance" on the Jim Villanucci Show Friday afternoon.
We think that the decision not to take this thing to trial was a bad one in the first place. But according to Mr. Harless, Richard's no contest plea was in exchange for a promise that he wouldn't spend time away from his wife and child. We understand the motivation and the desire to be with his family but trusting the criminal justice system (and the DA) to administer justice is naive at best. The system is designed to pick the low hanging fruit not reward those with integrity and honor for their sacrifice.
----- Correction -----
The original post indicated that Wade Harless and APD Sergeant Paul Heh would be on the 770 KKOB's Jim Villanucci Show Thursday afternoon. That information was incorrect. We have confirmed that the two of them will appear (yes we know it's radio) Friday afternoon at 4pm. The timing may make the show even more interesting as Mr. Harless will no doubt have information about the Friday morning hearing.
Jun 15, 2008
Eye Poll: Heinrich
Last week's Eye Poll took a look a the 1st Congressional District. The race is now between Democrat Martin Heinrich and Republican Darren White. In our first unscientific poll 57% preferred Heinrich and 43% preferred White.
In our introduction to this particular Eye Poll, we were criticized for characterizing former City Councilor Heinrich as "far left." We'll stand by that characterization and any objective review of the former councilor's record will support our argument. Mr. Heinrich's record bears out a belief of increased government interference, redistribution of wealth, and government control. The obvious result of his demonstrated philosophy is a transfer of freedom from the people to the government.
This week we'll take a look at the New Mexico U.S. Senate race. Most polls put Democrat Udall far ahead of Republican Pearce. Of course, Pearce just emerged from a hotly contested primary and Udall got a free ride after the Almighty Alcalde withdrew from his second race in almost as many months. In fact, Congressman Udall has pretty much gotten a free ride his entire political career. We'll see what happens to him when he faces a determined opponent for the first time. Don't forget to vote!
In our introduction to this particular Eye Poll, we were criticized for characterizing former City Councilor Heinrich as "far left." We'll stand by that characterization and any objective review of the former councilor's record will support our argument. Mr. Heinrich's record bears out a belief of increased government interference, redistribution of wealth, and government control. The obvious result of his demonstrated philosophy is a transfer of freedom from the people to the government.
This week we'll take a look at the New Mexico U.S. Senate race. Most polls put Democrat Udall far ahead of Republican Pearce. Of course, Pearce just emerged from a hotly contested primary and Udall got a free ride after the Almighty Alcalde withdrew from his second race in almost as many months. In fact, Congressman Udall has pretty much gotten a free ride his entire political career. We'll see what happens to him when he faces a determined opponent for the first time. Don't forget to vote!
Jun 13, 2008
Retraining
KOB TV reported Thursday (read it here) that all APD officers will be retrained following an incident between APD Officer Daniel Guzman and KOB Photographer Rick Foley (read our take here). We think it's kind of funny that APD feels the need to retrain the entire force when only a single officer was involved in the incident.
More importantly, we're wondering who's going to do the training. We'd humbly suggest that APD's highly paid spinmeister have nothing to do with any kind of media training after the most recent fiasco involving Sergeant Paul Heh.
If you'll remember, Sergeant Heh exercised his rights to speech and redress of grievance in front of the city council and was slapped with an Internal Affairs investigation on his way out of the building (read it here). The media fiasco that followed was a classic study in how not to handle the media and included a disastrous appearance by Walsh that bordered on the illiterate (read it here).
More importantly, we're wondering who's going to do the training. We'd humbly suggest that APD's highly paid spinmeister have nothing to do with any kind of media training after the most recent fiasco involving Sergeant Paul Heh.
If you'll remember, Sergeant Heh exercised his rights to speech and redress of grievance in front of the city council and was slapped with an Internal Affairs investigation on his way out of the building (read it here). The media fiasco that followed was a classic study in how not to handle the media and included a disastrous appearance by Walsh that bordered on the illiterate (read it here).
(Sidebar)Look... Chief Schultz's move to "retrain" the entire force because of the precipitous actions of a single officer is the type of silly over-kill designed strictly for media consumption and yet another example of the 5th floor's willingness to throw officers under the bus. We're quite sure that most already know how to properly handle an encounter with the media in a similar situation. If not, the incident with KOB is self-explanatory - assume you're always on camera. In this day and age even when a news photographer isn't around you've got a good chance of making the evening news and every one of the other 50 or so daily local newscasts.
Our Eyes tell us that the fishing expedition involving Sergeant Heh is still underway. Apparently, the boys on the 5th Floor aren't going to let little things like not having any evidence, any proof, or a case keep them from pursuing their conveniently anonymous allegations against the sergeant. There's got to be some way to punish him or push him out and they're gonna find it even if they have to make it up.
(End Sidebar)
Fear and Guilt
The easiest way to strip someone of their freedom is to get them to hand it over voluntarily. How do you get someone to voluntarily enter in to bondage? It's quite simple really - fear.
There are those of us who will gladly give up their freedom at the first sign of trouble. Of course one could argue that these people were never truly free in the first place - they'll simply exchange their bondage to fear for chains made of the illusion of safety.
Others will not so easily surrender to their fear or give up their liberty. How do you reach them? How do you control them?
One way is to create an environment where everyone feels responsible for everyone else - subjugate the individual to the community. When someone feels responsible for their neighbor they often act in ways they think their neighbor would approve of. Sure we're all adults here, but the reality is we all crave approval.
1981 was the year that we began hearing about the end of the world. That was the year that global cooling became global warming. Somewhere in the last 27 years a vital component was added to the fear formula of global apocalypse... Guilt (read the timeline here).
Apparently, we're all responsible for global warming. It's claimed that our use of carbon based fuels releases so much carbon dioxide into the atmosphere that we turning the world into a greenhouse with a CO2 roof - at least that's the theory, the consensus of some scientists.
The truth is, even the most timid of us won't buy that government or any politician could protect us from the sun. However, as long as we're responsible for "climate change" government can keep us safe as long as we're willing to sacrifice, and as long as we're willing to give up our freedom.
Make no mistake, this isn't about saving the planet and it's surely not about scientific truth. It's all about the power to tell you what to drive, how much to eat, how much energy to use... how to live. These are all fundamental freedoms that are tied directly to individual achievement.
The answer is simple... Don't be afraid, don't feel guilty, and don't give up your freedom for some ill-defined, unproven, politically created threat. Use your head and demand proof. The liberty you lose will be your own as will the blame for its loss.
There are those of us who will gladly give up their freedom at the first sign of trouble. Of course one could argue that these people were never truly free in the first place - they'll simply exchange their bondage to fear for chains made of the illusion of safety.
Others will not so easily surrender to their fear or give up their liberty. How do you reach them? How do you control them?
One way is to create an environment where everyone feels responsible for everyone else - subjugate the individual to the community. When someone feels responsible for their neighbor they often act in ways they think their neighbor would approve of. Sure we're all adults here, but the reality is we all crave approval.
1981 was the year that we began hearing about the end of the world. That was the year that global cooling became global warming. Somewhere in the last 27 years a vital component was added to the fear formula of global apocalypse... Guilt (read the timeline here).
Apparently, we're all responsible for global warming. It's claimed that our use of carbon based fuels releases so much carbon dioxide into the atmosphere that we turning the world into a greenhouse with a CO2 roof - at least that's the theory, the consensus of some scientists.
(Sidebar)Meanwhile, another group of scientists are beginning to worry about a very different threat - another ice age. According to these scientists, the sun is entering an 11 year period of drastically reduced sunspot activity. Historically, high sunspot activity has been correlated to periods of warming. When sunspot activity decreases so do global temperatures.
Consensus is no substitute for scientific fact. In science, even accepted fact is subject to challenge. Otherwise we'd still be living on a flat world where man would only fly if he were born with wings.
(End Sidebar)
In the same way that the Earth shivered when sunspots disappeared, the Earth warmed when sunspot activity became pronounced. The warm period about 1000 years ago known as the Medieval Warm Period — a time of bounty in which grapes grew in England and Greenland was colonized — also was a time of high sunspot activity, called the Medieval Maximum. Since 1900, Earth has experienced what astronomers call “the Modern Maximum” — the 20th century has again been a time of high sunspot activity.If you ask us, it's a heck of a lot more likely that a fusion reactor over 100 times larger than the earth with a volume over 1,000,000 times that of earth that literally holds our solar system together is responsible for cyclical changes in the earth's temperature than all of the fossil fuels ever burned. But that's just us.
But the 1900s are gone, along with the high temperatures that accompanied them. The last 10 years have seen no increase in temperatures — they reached a plateau and then remained there — and the last year saw a precipitous decline. How much lower and for how long the temperatures will fall, if at all, no one yet knows — the science is far from settled on what drives climate.
The truth is, even the most timid of us won't buy that government or any politician could protect us from the sun. However, as long as we're responsible for "climate change" government can keep us safe as long as we're willing to sacrifice, and as long as we're willing to give up our freedom.
Make no mistake, this isn't about saving the planet and it's surely not about scientific truth. It's all about the power to tell you what to drive, how much to eat, how much energy to use... how to live. These are all fundamental freedoms that are tied directly to individual achievement.
The answer is simple... Don't be afraid, don't feel guilty, and don't give up your freedom for some ill-defined, unproven, politically created threat. Use your head and demand proof. The liberty you lose will be your own as will the blame for its loss.
Jun 11, 2008
Eye on the Grapevine: Perlman on the Way Out?
There's a rumor going around city hall that Albuquerque Chief Administrative Officer Bruce Perlman is on his way out. Our Eyes have yet to confirm the report, but at the very least it's interesting timing.
If you'll remember, Mr. Perlman was hip deep in Marty's ABQPAC. In fact, the city's current CAO was the head of the infamous mayoral slush fund (read it here). Marty originally appointed Mr. Perlman back in 2005 - safely and conveniently after the last mayoral election (read it here).
At the time, the Almighty Alcalde was just past what was thought to be his third and last election to the office of mayor. There were calls for him to run for congress (read our take here) and his own announced ambition to run for governor... again. After jumping from the gubernatorial derby and stumbling out of the gate in an aborted senate run, the mayor took the city charter's term limits to court and had them struck down. At the time he claimed that he was just keeping his options open... rrrrriiiight.
It will be interesting to see if there's any substance to the rumor of Perlman's departure. If the CAO does hit the highway, is it a move by the Almighty One to jettison some ABQPAC baggage that is sure to come up in next year's mayoral contest?
We'd think so. After all, it took some serious testicular fortitude for Marty to put the man in charge of his disgraced slush fund in charge of the city. Can you say payback? But then again, stranger things have happened around here.
So... Who to replace a departed Perlman with? Perhaps the Captain (AKA Transportation Director Greg Payne) would like a change of pace. Or since former Chief of Staff Barry Bitzer won't be serving in the state senate after being trounced by Senator Komadina in the primaries, Bitzer's sure to be looking for a new gig. Who knows? Maybe the Almighty One owes someone else a $100,000 a year job. Don't you just love city intrigue?
----- Correction -----
We want to apologize to Mr. Perlman for misspelling his name in our original post. We originally spelled it Pearlman and we were rightly chastised for the mistake. It has been corrected above.
If you'll remember, Mr. Perlman was hip deep in Marty's ABQPAC. In fact, the city's current CAO was the head of the infamous mayoral slush fund (read it here). Marty originally appointed Mr. Perlman back in 2005 - safely and conveniently after the last mayoral election (read it here).
At the time, the Almighty Alcalde was just past what was thought to be his third and last election to the office of mayor. There were calls for him to run for congress (read our take here) and his own announced ambition to run for governor... again. After jumping from the gubernatorial derby and stumbling out of the gate in an aborted senate run, the mayor took the city charter's term limits to court and had them struck down. At the time he claimed that he was just keeping his options open... rrrrriiiight.
It will be interesting to see if there's any substance to the rumor of Perlman's departure. If the CAO does hit the highway, is it a move by the Almighty One to jettison some ABQPAC baggage that is sure to come up in next year's mayoral contest?
We'd think so. After all, it took some serious testicular fortitude for Marty to put the man in charge of his disgraced slush fund in charge of the city. Can you say payback? But then again, stranger things have happened around here.
So... Who to replace a departed Perlman with? Perhaps the Captain (AKA Transportation Director Greg Payne) would like a change of pace. Or since former Chief of Staff Barry Bitzer won't be serving in the state senate after being trounced by Senator Komadina in the primaries, Bitzer's sure to be looking for a new gig. Who knows? Maybe the Almighty One owes someone else a $100,000 a year job. Don't you just love city intrigue?
----- Correction -----
We want to apologize to Mr. Perlman for misspelling his name in our original post. We originally spelled it Pearlman and we were rightly chastised for the mistake. It has been corrected above.
Jun 9, 2008
No Room at the Inn
We've been hearing for some time that our relatively new west side jail is filling up and filling up fast. There are a number of reasons behind the occupancy problem - a major one being that the state often fails to pick up prisoners sentenced to stays in the state penitentiary. Overall the Metropolitan Detention Center has been receiving high marks for its operation since the city pull-out (ABQ Journal - Subscription). But the fact remains that we're putting them in faster than we are building new space to house them in.
The first thing that ran through our mind was "who the heck are they kicking loose?" Assuming that there's a reason for a prisoner's detention, letting them go is a cause for concern. Apparently the "no vacancy" sign was only lit last night. But it underscores the on-going crime problem that we've got in the Albuquerque metro area and the dangerously high occupancy of the MDC.
If there are times when there's no room at the inn, it's time to build a bigger hotel - even if the addition is a tent city. Jail officials shouldn't be forced to release their "guests" early simply because they need the space.
(Sidebar)Last night a call went out from MDC - there's no room at the in. Our Eyes tell us that APD dispatch informed officers that the Metropolitan Detention Center was full and could not take any new prisoners. A little while later, officers were told that MDC would be processing out some prisoners to make room but that it would be 3 to 4 hours before they could take any new prisoners.
Just to be clear, the primary function of a jail or a prison is not punishment - nor is it rehabilitation. If a would-be criminal views prison as punishment and is deterred from committing a criminal act, great! Likewise, if by some miracle a prisoner is "rehabilitated" while serving as a guest of the state, it's an unexpected benefit. But... the primary function of a detention facility is to protect the rest of us from those who would do us harm by keeping them separated from the general public. That's it and that's all.
We believe that building and operating jails with sufficient capacity to meet the detention needs of the community is a matter of public safety and therefore, a core function of government. Build more, build often and find ways to keep criminals away from the general public.
(End Sidebar)
The first thing that ran through our mind was "who the heck are they kicking loose?" Assuming that there's a reason for a prisoner's detention, letting them go is a cause for concern. Apparently the "no vacancy" sign was only lit last night. But it underscores the on-going crime problem that we've got in the Albuquerque metro area and the dangerously high occupancy of the MDC.
If there are times when there's no room at the inn, it's time to build a bigger hotel - even if the addition is a tent city. Jail officials shouldn't be forced to release their "guests" early simply because they need the space.
Jun 8, 2008
Game On!
Now that we've got those pesky primaries out of the way and we know who's facing who, we can get down to the business of choosing who's going to represent us in all of the various levels of government. Of course there were a couple of surprises like Commissioner Theresa (my son really didn't get an F did he?) Cordova falling to Art De La Cruz (unofficial results here), but by and large there weren't any huge surprises around the Albuquerque area.
So... it's game on for the general election! To kick things off we're going to start with an Eye Poll of the 1st Congressional District. Who do you think will best represent the people of Eyeland, a law and order sheriff or a far left former Albuquerque city councilor? That's this week's Eye Poll - the first of the general election season. Don't forget to vote!
So... it's game on for the general election! To kick things off we're going to start with an Eye Poll of the 1st Congressional District. Who do you think will best represent the people of Eyeland, a law and order sheriff or a far left former Albuquerque city councilor? That's this week's Eye Poll - the first of the general election season. Don't forget to vote!
Jun 5, 2008
Bad News
We've been watching the story of APD officer Daniel Guzman as it developed over the weekend and this week. If you haven't heard about the story or had the opportunity to view the raw footage of the incident you can view it here.
Obviously, the video doesn't show all of the events leading up to the incident so there's probably a bit more to this than can be seen on the tape. We also know that the media (including certain bloggers - just ask the 5th floor) can be pushy and obnoxious.
One thing to always remember, if there's a camera around, you better assume that the thing is recording everything you say and do. The other thing to remember is that if that camera is connected to a media outlet and happens to record the type of incident that Rick Foley's camera recorded, you can bet that it'll be played until the tape falls apart.
Look, news photographers and reporters can legally go anywhere that the public is allowed to go. Further, photographers can shoot anything in view and that includes you if you happen to be in their field of view. If an officer needs them to go to a specific location (or get out of one) - the order needs to be clear, concise, and respectful. Otherwise you're just looking for trouble.
Like anyone else, the media is required to obey lawful orders from an officer. In fact, it's in their best interest to follow these orders as their life may quite literally depend on it. When a member of the media crosses the line, they deserve to be treated just like any other person. But remember, that camera is rolling and everyone is watching.
In our opinion, this could have been handled better by both parties. KOB's Rick Foley could have been more diplomatic as he was a bit "cheeky" popping off to Officer Guzman saying "was that so hard?" On the other hand, Guzman should have been smarter than to take a photographer into custody by attacking him as a first course of action. If an officer keeps their head about them, that camera can be their friend too.
We don't know what fueled last week's confrontation... Poor training, APD's lowered recruitment standards, fatigue from the Chief's 5/8 schedule or just an overzealous news photographer pushing too far and crossing the line. What we do know is that the incident makes the department and Officer Guzman look bad and that it never had to go down that way. In other words, it's just bad news.
Obviously, the video doesn't show all of the events leading up to the incident so there's probably a bit more to this than can be seen on the tape. We also know that the media (including certain bloggers - just ask the 5th floor) can be pushy and obnoxious.
(Sidebar)However, the incident shows an alarming lack of training and understanding when it comes to dealing with the media. Officer Guzman is a lateral officer from APS police. There's little doubt that he has little or no experience dealing with media and his 13 months at APD obviously haven't significantly added to that experience.
It turns out that Foley had two incidents with APD officers in just two days. The first was an assist where he found a vehicle wanted in connection with an ATM smash and grab. The second was the incident with Officer Guzman (ABQ Journal - Subscription).
(End Sidebar)
One thing to always remember, if there's a camera around, you better assume that the thing is recording everything you say and do. The other thing to remember is that if that camera is connected to a media outlet and happens to record the type of incident that Rick Foley's camera recorded, you can bet that it'll be played until the tape falls apart.
Look, news photographers and reporters can legally go anywhere that the public is allowed to go. Further, photographers can shoot anything in view and that includes you if you happen to be in their field of view. If an officer needs them to go to a specific location (or get out of one) - the order needs to be clear, concise, and respectful. Otherwise you're just looking for trouble.
Like anyone else, the media is required to obey lawful orders from an officer. In fact, it's in their best interest to follow these orders as their life may quite literally depend on it. When a member of the media crosses the line, they deserve to be treated just like any other person. But remember, that camera is rolling and everyone is watching.
In our opinion, this could have been handled better by both parties. KOB's Rick Foley could have been more diplomatic as he was a bit "cheeky" popping off to Officer Guzman saying "was that so hard?" On the other hand, Guzman should have been smarter than to take a photographer into custody by attacking him as a first course of action. If an officer keeps their head about them, that camera can be their friend too.
We don't know what fueled last week's confrontation... Poor training, APD's lowered recruitment standards, fatigue from the Chief's 5/8 schedule or just an overzealous news photographer pushing too far and crossing the line. What we do know is that the incident makes the department and Officer Guzman look bad and that it never had to go down that way. In other words, it's just bad news.
Jun 4, 2008
Separation of Powers?
Like our Federal Constitution the Albuquerque City Charter contains a separation of powers. The mayor exercises executive authority and the city council is the legislative body that among other things authorizes spending, taxation, and city indebtedness.
From a budget perspective, the mayor's job is to spend the money appropriated by the council for the uses approved by the council. The council's job is to create the legislation authorizing the expenditures and collection of revenue. The charter provides for very specific roles with the idea that each branch would work with the other.
Apparently, the mayor and the council have decided that their opposite coequal branch isn't fit to perform the duties assigned to by the charter and have jumped over the barrier separating the two. The council empowering Council President Brad Winter to purchase land on behalf of the city (ABQ Journal - Subscription) and the mayor signing a budget with specific spending instructions vowing to spend the money how he sees fit (ABQ Journal - Subscription).
We can almost understand the council's frustration with the Chavez administration. The Almighty Alcalde doesn't exactly have a sterling reputation for truth and his attitude toward the council has become increasingly hostile since his election in 2005. His most recent announcement that he intends to spend council appropriations without regard to council approved budget provisions is a direct violation of the city charter and can only lead one place... court.
What's going on here? What happened to separation of powers? Marty's arrogance may have frustrated the council but it doesn't justify their dabbling in executive authority. Likewise, The Almighty Alcalde has a legal obligation to implement the provisions of the council budget that he signed into law.
From a budget perspective, the mayor's job is to spend the money appropriated by the council for the uses approved by the council. The council's job is to create the legislation authorizing the expenditures and collection of revenue. The charter provides for very specific roles with the idea that each branch would work with the other.
Apparently, the mayor and the council have decided that their opposite coequal branch isn't fit to perform the duties assigned to by the charter and have jumped over the barrier separating the two. The council empowering Council President Brad Winter to purchase land on behalf of the city (ABQ Journal - Subscription) and the mayor signing a budget with specific spending instructions vowing to spend the money how he sees fit (ABQ Journal - Subscription).
We can almost understand the council's frustration with the Chavez administration. The Almighty Alcalde doesn't exactly have a sterling reputation for truth and his attitude toward the council has become increasingly hostile since his election in 2005. His most recent announcement that he intends to spend council appropriations without regard to council approved budget provisions is a direct violation of the city charter and can only lead one place... court.
What's going on here? What happened to separation of powers? Marty's arrogance may have frustrated the council but it doesn't justify their dabbling in executive authority. Likewise, The Almighty Alcalde has a legal obligation to implement the provisions of the council budget that he signed into law.
Jun 3, 2008
Calling All Cars
Chief Schultz's move to 5-8s is starting to reap benefits... at least for those officers looking for overtime and even less sleep. May 17th the SOS went out in the form of a memo from the Valley Command asking for officers to volunteer for overtime Friday, Saturday, and Sunday nights.
It seems that calls are stacking up causing response times to increase. Our Eyes tell us that it's not uncommon for domestic violence calls to wait for an hour. To make matters worse, the gas crunch has the 5th floor considering replacing regular motorized patrols with bike patrols.
The move to 5-8s was supposed to improve response times. Instead calls are stacking up, officers are being asked to work even more overtime, and now APD is considering bike patrols.
Look, law enforcement is the first and most important function of government... period. Without security, businesses cannot function. Without businesses we don't have goods, services, jobs, and eventually people. Without people there is no government.
Our police and fire departments should be the last government agencies to cut back their services due to fuel costs. When your life is in danger you don't want to wait for a horse drawn fire engine or a pedal powered police officer. There are a lot of other city programs that can and should be cut before you endanger the public by choking the fuel to emergency responders.
One way to reduce the amount of gas used by the city's police officers is to return to 4-10s. The move would eliminate 2 trips - to and from work - for every officer in the field services bureau. More importantly, the savings wouldn't increase the risk to the public by increasing response times.
It seems that calls are stacking up causing response times to increase. Our Eyes tell us that it's not uncommon for domestic violence calls to wait for an hour. To make matters worse, the gas crunch has the 5th floor considering replacing regular motorized patrols with bike patrols.
The move to 5-8s was supposed to improve response times. Instead calls are stacking up, officers are being asked to work even more overtime, and now APD is considering bike patrols.
Look, law enforcement is the first and most important function of government... period. Without security, businesses cannot function. Without businesses we don't have goods, services, jobs, and eventually people. Without people there is no government.
Our police and fire departments should be the last government agencies to cut back their services due to fuel costs. When your life is in danger you don't want to wait for a horse drawn fire engine or a pedal powered police officer. There are a lot of other city programs that can and should be cut before you endanger the public by choking the fuel to emergency responders.
One way to reduce the amount of gas used by the city's police officers is to return to 4-10s. The move would eliminate 2 trips - to and from work - for every officer in the field services bureau. More importantly, the savings wouldn't increase the risk to the public by increasing response times.
Get Out and Vote!
If you're a Democrat or a Republican, today's the day that you get to choose the ones that we all get to choose from in November. If you're a Democrat, you've already participated in the boondoggle that was the Democratic Presidential Caucus (may it rest in peace). But today is the day that you get to choose the rest of the ticket.
Unfortunately, primaries tend to attract the participation of party activists and special interest groups while the general public watches from the bleachers. This is especially true of today's primary where the presidential question has already been decided for both parties.
However, down ballot races are important. Local government officials can rob you of your money and your freedoms just as quickly as a President, Senator or Congressman can. In fact, in may ways your local officials are far more dangerous because they often work below the radar of public notice.
There are a number of races that will be decided in the primary as there is no opponent for the general election. Today could be your only chance to weigh-in on the election's outcome. So get your butt off your Barcalounger and go vote!
Unfortunately, primaries tend to attract the participation of party activists and special interest groups while the general public watches from the bleachers. This is especially true of today's primary where the presidential question has already been decided for both parties.
However, down ballot races are important. Local government officials can rob you of your money and your freedoms just as quickly as a President, Senator or Congressman can. In fact, in may ways your local officials are far more dangerous because they often work below the radar of public notice.
There are a number of races that will be decided in the primary as there is no opponent for the general election. Today could be your only chance to weigh-in on the election's outcome. So get your butt off your Barcalounger and go vote!
Jun 1, 2008
Decision White
There really weren't any big surprises in last week's Eye Poll. Sheriff Darren White ran away in the voting for the GOP nomination to the congressional race by almost 20 points. The only real surprise was that it was inside 20%. The Journal's poll of likely Republican voters put the spread at 59 points (ABQ Journal - Subscription).
In our unscientific Eye Poll of anyone that chose to participate, 31% chose Senator Carraro, 48% Sheriff White, 1% didn't know, and 20% didn't care (read the full results here). We're a little concerned about the high number of participants indicating a lack of interest, but that could be an indication of participating Democrats who just want to beat a Republican no matter who they are.
Our guess is that Tuesday's primary will result in Sheriff White becoming the Republican nominee. The Sheriff is a formidable candidate with considerable fund raising ability and huge name ID. Unlike the Senate race, Democrats do not have a candidate with same favorables and they've been spending their cash fighting each other during the primary race.
If you haven't already done so, don't forget to vote in the primary this coming Tuesday!
In our unscientific Eye Poll of anyone that chose to participate, 31% chose Senator Carraro, 48% Sheriff White, 1% didn't know, and 20% didn't care (read the full results here). We're a little concerned about the high number of participants indicating a lack of interest, but that could be an indication of participating Democrats who just want to beat a Republican no matter who they are.
Our guess is that Tuesday's primary will result in Sheriff White becoming the Republican nominee. The Sheriff is a formidable candidate with considerable fund raising ability and huge name ID. Unlike the Senate race, Democrats do not have a candidate with same favorables and they've been spending their cash fighting each other during the primary race.
If you haven't already done so, don't forget to vote in the primary this coming Tuesday!
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