Over the last few weeks, several stories broke regarding the efficacy of the Albuquerque Police Department’s leadership. Most recently KRQE detailed allegations where several applicants and a cadet of questionable qualifications are being processed or were admitted as cadets into APD’s “highly competitive” basic police certification academy. As soon as the story broke, it disappeared. Apparetnly it touched a HOT nerve within the Berry administration. Many of our Eyes indicated that the station’s manager, Ian Munro, pulled the story under threat of litigation from city CAO Rob Perry. Other Eyes suggested that APD threatened to withhold information from other stories thus depriving KRQE of possible ratings. Either way, thanks to you, loyal readers, KRQE reposted the story. However, our Eyes tell us it came with a caveat from APD lawyer Kathy Levy. In a trailer to the story the additional confessions include:
"No one is a member of the Albuquerque Police Academy without going through a very rigorous application and examination process. Each applicant is tested for physical, psychological and decision making skills.
We can confirm that Gary Carlisle was a cadet in the Albuquerque Police Academy and recently resigned.
Ms. Medina is currently in the application process for the Albuquerque Department. She was never prohibited from applying for the academy.
We can confirm that Mr. Hetes was an applicant and he is not a member of any academy class."
Notice the legal finessing of NOT addressing the issues raised. Silence equals consent. By being silent regarding Cadet Carlisle’s egregious sexual harassment conduct, APD grants confirmation of the allegation. By being silent on Ms. Medina’s academic qualifications, APD grants confirmation of the allegation of her not satisfying the 60-credit hour requirement. By being silent on the allegations against Mr. Hetes’ polygraph measures, is APD not confirming he indeed committed such actions? Still, it appears there are more issues coming out of APD. It seems there are several current officers that, despite having “NEVER TO BE HIRED” memos placed in their application files or were terminated during prior academies, are now rookie officers. In the department’s desire to staff itself (as dozens of senior officers retire as early as they are eligible…Deputy Chief of Police Beth Paiz for example) are we not witnessing the reinvigoration of the same issues that plagued the department in the last years of the Chavez administration where standards were softened and deals were cut? What environment is created when new rookie officers have already had a shield of protection from issues that would otherwise result in termination? Are these the type of personnel that will withstand the scrutiny skilled lawyers will layer upon them in deposition or in trial? Given the advances of the internet, you can be sure that every litigator practicing in Bernalillo County will be sure to Google search any officer named as a witness or defendant in a lawsuit. As if the job for front line officers is not hard enough, we seem to have an active effort of the department’s leadership trying to make it more difficult.
What are the consequences of hiring deficient personnel? Almost a year ago, Judge Murdoch was arrested for charges of criminal sexual penetration. The lead detective in that case had had his credibility impeached in a previous criminal trial. Not surprisingly, the Murdoch arrest was fraught with errors and mismanagement despite being presented as a seal tight case by DCOP Feist. Incorrect statues and incorrect elements existed in the complaint. (Yes this is the same DCOP Feist that was excoriated by the Albuquerque Journal for needing a lesson in Investigations 101 a few days ago). Not surprisingly, the Murdoch case was dumped and as of today has not, and is not expected to be, refilled. The lead detective in the Murdoch case was APD detective Keith Sandy. Sandy was a lateral from NMSP who, despite his controversial resignation from NMSP because of co-employment allegations, was aggressively greeted by APD and rushed into and graduated from a lateral academy. In the aftermath of being “giglio’ed” in federal court (where the officer was found to have lied and hence forth had tarnished credibility), APD retained Sandy’s position as a detective. This obviously presents no problem where cases are settled, but in such a case as Judge Murdoch where the officer/detective’s credibility WILL BE challenged, they will not survive such scrutiny. Whatever the reasons that led to Detective Sandy’s impeachment aside, APD leadership has a duty to ensure its personnel retain credibility. Is it reasonable to think that we at the EYE know of these issues but our friends on the 5th floor do not??? As Mayor Berry’s police chief has a fondness for holding officers accountable when they affect the department’s credibility, we wonder to what extent APD as an entity has credibility?
If APD were subject to the same standards Mayor Berry’s police chief routinely holds officers to, how would it fair? Would it be consistent with its own SOPs or would it be in violation of holding itself in disrepute and violating misdemeanor and felony laws? What issues does it mean where an officer was fired from a previous academy but then ushered through a subsequent academy? If our friends on the 5th floor think nothing…then perhaps they need to look at the pending docket of several prominent cases coming down the line…
The Piercing Truth
This is right from the dictionary and seems to describe Albuquerque, Berry and Schultz. Fascism (f ash ,izem) noun An authoritarian right wing system of government and/or social organization. (in general use) extreme right wing, authoritarian, chauvinistic and/or intolerant views or practices. Fascism tends to include a belief in the supremacy of one group over another, national, ethnic, especially social strata or monetarily; a contempt for democracy, an insistence on obedience to a powerful leader, and a strong demagogic approach. Compliments of one of our Eyes
May 31, 2012
May 28, 2012
May God Bless this United States of America
All have given some; some have given all...
May God bless all the men and women who have given the ultimate sacrifice of their lives in defense of our freedom and to those who continue to serve our Country.
A special thanks to all of our public safely folks for all of your commitment to the public and for all that you do. We here at the Eye pledge to continue battling the corruption in City Hall and abound...
Respectfully,
The Staff at the Eye On Albuquerque
May God bless all the men and women who have given the ultimate sacrifice of their lives in defense of our freedom and to those who continue to serve our Country.
A special thanks to all of our public safely folks for all of your commitment to the public and for all that you do. We here at the Eye pledge to continue battling the corruption in City Hall and abound...
Respectfully,
The Staff at the Eye On Albuquerque
May 25, 2012
Perry, Berry and Schultz: The Puppet Master's
On Tuesday, May 22nd, KRQE-13, aired a story detailing corruption within the Albuquerque Police Academy that involved elements as far as APD Deputy Chief Allen Banks and Mayor Berry's police chief, Ray Schultz. The story detailed the exceptional favoritism granted to a cadet and cadet candidates. KRQE posted the story after it aired on website and was listed here:
http://www.krqe.com/dpp/news/crime/source-cadets-got-special-treatment
First there was Cadet Carlisle who was reported to be in such poor physical condition he failed out of the last APD class and was given a city job as an assistant police service aid assigned to the valley area command. Between academy classes APD, our Eyes tell us, provided Carlisle with a complimentary personal trainer from the academy so that he could improve his fitness level to publicized APD minimum standards. Our Eyes tell us that despite Carlisle's hybrid job description, a police service aid's aid (call sign "PS21a"), allowing him to train while "on duty," Carlisle still had problems keeping up with the fitness routine in the current class. Carlisle also took out his frustration upon a female cadet and, reports and Eyes indicate, he was commonly offensive in a sexual manner to her to include staring, improper comments, and hand stroking gestures. Despite the female cadet bringing her concerns to her squad supervisor and the basic academy sergeant, her pleas for relief were not answered. At some point APD Commander Tim Gonterman came down to his academy and, in the best of management practices, addressed the class en masse and demanded concerns be raised publicly. When no cadet ventured to raise concerns in such a public and chilling setting, Gonterman declared the issue resolved. Yet, upon DCOP Banks being replaced by DCOP Steve Warfield, it seems Carlisle lost the protection of Banks as Warfield quickly had Cadet Carlisle fired for multiple sexual harassment offenses.
Then there are the family members who desire to be APD cadets. Namely the son of retired Captain Ron Hetes and the wife of Commander Harold Medina. The son of Hetes, we are told, failed his first polygraph and then, when given a second polygraph, the polygrapher determined Hetes was employing countermeasures to defeat the test and immediately failed the candidate. Routine practices at APD’s academy would have resulted in a “never to be hired” memo entered in Hetes’ personnel file. Our Eyes tell us this candidate is being pushed forward with another class.
Reports indicate that Commander Medina's wife does not satisfy the 60 credit hour educational eligibility requirements. Yet, despite these automatic disqualifying factors, the candidates were being pushed through by orders from the 5th floor to be included in a future academy class. In the best of spousal loyalty, when a reporter asked Cmdr. Medina about this issue involving his wife he said it was a matter "between her and the city."
Perhaps our readers saw this story Tuesday evening. Perhaps viewers saw the video interview with the APD officer who confirmed these and other issues on camera. Perhaps viewers also saw how the APD officer had to have their identity and voice modified because they are in such fear of retaliation by the department that they have to have protection as if a witness against organized crime. That's an amazing consideration: an officer sworn to uphold the law speaking out against apparent department misconduct is in such fear of retaliation that their identity must be concealed.
But the reality and veracity of the officer's fear were confirmed shortly later. KRQE's story was up on its website briefly Wednesday morning but then disappeared. It was posted at LINK. Then the story disappeared. Gone. Remnants of the story can still be found IMAGE. But on KRQE's site, there is no record of it.
Our Eyes tell us city CAO Rob Perry took a lesson from Darren White and demanded the station pull the story. Our eyes tell us, Perry, whom we all know lacks any form of finesse, threatened to sue KRQE. Instead of challenging the city's threat to deny the station's First Amendment protected freedoms, the station folded and deleted the story.
Our Eyes also tell us there is an effort of unprecedented proportions within APD to identify the brave officer who stepped forward to tell the truth.
Once again, in the face of having the truth revealed and there being full disclosure to what really is going on, Rob Perry and the mayor's police chief, Ray Schultz, coerce compliance in ways that violate the law and the rights of others in efforts to suppress the truth. If this is how they act with matters of patronage and nepotism at the police academy, what will they do when faced with even more volatile issues involving deadly force or human rights? If this is what they do to a private news station, what limits do they respect with their own employees? If this is how they act in public, how are they in private and to what ends will they work to injure private citizens?
The Eye applauds the unnamed officer for stepping up and encourages them and others to forward information and facts anonymously to this site. As only the truth will set one free and provide much needed sunlight to the actions of city executives that apparently know no limits to their wrongful actions and are comfortable threatening the media.
DESPITE Rob Perry’s efforts, here’s a transcript of the story:
Cop claims cadets got special treatment
Source: Knew people in high places
Updated: Wednesday, 23 May 2012, 10:20 AM MDT
Published : Wednesday, 23 May 2012, 10:05 AM MDT
Alex Tomlin
ALBUQUERQUE (KRQE) - Albuquerque Police vowed to raise its standards and hire better officers, in the wake of recent police shootings. However, KRQE News 13 has learned a few unqualified recruits are being pushed along because of who they know.
Standards lowered, rules bent and exceptions made. That is what sources say is happening in the Albuquerque Police Department and some of the allegations go all the way to the top.
“Most people don't hear about this stuff outside of the department,” a source said.
KRQE News 13 is protecting his identity. He is an Albuquerque cop, and he knows things the police department may not want you to know.
“Trust me everyone knows life is not fair, but that doesn't mean that the selection process shouldn't be,” said the source.
According to the source, special treatment for Cadet Gary Carlisle made him come forward.
Gary Carlisle was a police service aid, who tried to become a cop before but could not pass the physical test.
“But because he was already in the system so to speak and had connections inside the department he was allowed to start the academy over the objections of a lot of people,” said the source.
A source says Carlisle knows two deputy chiefs and was not only allowed back into the academy but was also given an APD personal trainer.
The source also says another cadet then made sexual harassment claims against Carlisle and newly appointed Deputy Chief Steve Warfield kicked him out of the academy just recently.
There are other cadets with high connections.
According to the source, former Commander Ron Hetes' son failed two polygraphs; one because he tried to use something to help him pass the lie detector test.
Deputy Chief Allen Banks said Hetes will have to wait a year before re-applying but sources say he's been told he won't have to wait. Sources also say lying should have disqualified him for life.
Also according to the source, Commander Harold Medina's wife is going to get a chance in the next class, even though she lacks the requirements.
“Sixty college hours basically an associate’s degree or three years military,” said the source.
Commander Medina did not want to discuss his wife's employment because it's between her and the city and has nothing to do with him. APD says it could not respond to these allegations because questions were personnel matters.
The department did send a statement saying the process to become an officer is rigorous.
APD also said the cadet accused of sexual harassment quit the academy and was not kicked out of the academy.
No person, group, state, municipality or government has the right to abridge the right(s) of a person or the media to speak freely. The Eye On Albuquerque hopes the citizens of Albuquerque remember these filthy acts when it comes time to VOTE!
The Eye leaves you with these two thoughts:
“A state that suppresses all freedom of speech, and which by imposing the most terrible punishments, treats each and every attempt at criticism, however morally justified, and every suggestion for improvement as plotting to high treason, is a state that breaks an unwritten law.”
Kurt Huber
“If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.”
George Washington
UPDATE (25May12 @ 1530 hrs): Click below to view the video that Perry, Berry and Schultz tried to hide.
CLICK HERE
Labels:
Allen Banks,
Berry Administration,
Ray Schultz,
Rob Perry
May 24, 2012
Fire Department is "Burning" Ken Sanchez
Below is an open email to the Eye On Albuquerque. At the request of the author, this email content is being posted.
"Since 2008 Ken Sanchez has been pushing for a new fire station and west side ladder. His wish finally was coming true until the Fire Chief decided to change the plans after the council approved the new fire station, which is currently under construction and being built for a ladder company, and now wants to place the ladder at Fire Station 17 which is near Coors and Sequoia. The new ladder truck was to better serve the near Westside and SW area as there is already a ladder by Cibola High School. It is true that a temporary ladder is going to be located at Station 17 from July 1st until Fire Station 7 is complete but Chief Breen sold the public on the fact that he needed a new 2+ million dollar fire station to house a Westside ladder company How is it that these public officials can ask for millions of dollars for stations, staffing and apparatus and then change their mind with no recourse?"
Sanchez had shown some promise to succeed our current discombobulated Mayor, but that promise has been washed away by a shy introverted Councilman. The citizens of Albuquerque deserve better. Sanchez talks a tough talk (sometimes) but doesn't back it up. Kudos to Chief Breen for exerting control (burning Sanchez). By the same token, shame on Ken Sanchez who has fizzled out before the mayoral race has even begun.
"Since 2008 Ken Sanchez has been pushing for a new fire station and west side ladder. His wish finally was coming true until the Fire Chief decided to change the plans after the council approved the new fire station, which is currently under construction and being built for a ladder company, and now wants to place the ladder at Fire Station 17 which is near Coors and Sequoia. The new ladder truck was to better serve the near Westside and SW area as there is already a ladder by Cibola High School. It is true that a temporary ladder is going to be located at Station 17 from July 1st until Fire Station 7 is complete but Chief Breen sold the public on the fact that he needed a new 2+ million dollar fire station to house a Westside ladder company How is it that these public officials can ask for millions of dollars for stations, staffing and apparatus and then change their mind with no recourse?"
Sanchez had shown some promise to succeed our current discombobulated Mayor, but that promise has been washed away by a shy introverted Councilman. The citizens of Albuquerque deserve better. Sanchez talks a tough talk (sometimes) but doesn't back it up. Kudos to Chief Breen for exerting control (burning Sanchez). By the same token, shame on Ken Sanchez who has fizzled out before the mayoral race has even begun.
May 18, 2012
APD is not the only Public Safety Entity with a Liar for a Deputy Chief
Over the last few months, a seemingly endless and deepening string of failures continue their erosion of the Albuquerque Police Department’s effectiveness. Instead of confronting an upswing in violent crime and homicides, APD struggles with felony crime within its own ranks. Instead of addressing the shortage of patrol personnel, APD continues to add more “inside” positions having little to do with police work. Instead of constraining its own out of control $160 Million budget, a massive embezzlement investigation spirals out of control affecting more and more personnel. Instead of embracing solid leadership concepts and practices as espoused in “Speed of Trust,” APD promotes three lieutenants of inferior experience, knowledge, and ability (and one captain with at least one civil rights conviction to the position of deputy chief). While all this continues to explode, another crisis challenging Albuquerque’s public safety agencies unfolds. But this does not involve APD, it involves the Albuquerque Fire Department.
Tige Watson is AFD’s Chief of Personnel and our Eyes tell us he is next in line to succeed Chief Breen to take over AFD and its $60 Million budget. As the department’s personnel chief he should be intimately aware of personnel policies, rules, regulations and applicable labor laws. But his knowledge of such rules and regulations does not stem from skills and experience, it comes from breeching those very rules.
On December 14th, 1999, then a lieutenant, Chief Watson started paid leave under the Family Medical Leave Act in support of his pregnant wife. FMLA grants twelve workweeks in a given year for eligible employees to provide care for the employee’s spouse, child, or parent who has a serious health condition. Yet, while Chief Watson was supposed to be here in Albuquerque caring for his wife, he was actually pursuing employment with the Henderson County Fire Department in the state of Nevada. His employment status was that as a cadet in the Henderson Fire Academy. On January 6th, 2000, after this matter was brought to the attention of then Deputy Chief Ron Beckman, an internal investigation was launched inquiring into the extent that Chief Watson defrauded AFD. Under the terms of FMLA he was on paid leave to care for a family member’s medical condition. The allegations against Chief Watson were that he was not complying with the requirements of FMLA and Chief Watson was not allowed to have employment outside of his current assignment with AFD without permission. Upon completion of an internal investigation, Chief Watson was disciplined with 60 hours unpaid leave for his fraudulent representations. Our Eyes tell us there has been no other instance of an AFD employee receiving such a suspension, and that other shave been terminated for less. Our Eyes tell us that for unknown reasons, this incident has been buried despite the local media being alerted to it. We wonder if this is but another example of the Mayor Berry doing whatever is necessary to “appear” as if his administration is inclusive of all despite challenges to their merit, skills, ability, or knowledge.
We’ve seen, and continue to see the effects of poor leadership upon APD. AFD’s chief has already received a vote of no confidence. As the Chief of Personnel, Chief Watson has disciplined 14 AFD members for off-duty conduct, of which 6 resulted in the employees being fired. Yet, there have no other instances where AFD personnel have been disciplined at the level Chief Watson was back in 2000. Our Eyes assert that this is very troublesome within the ranks of AFD as, and similar to APD, there is significant disparity between the application of rules to supervisors versus rank and file employees. The fact that the city has buried this issue and its details is evidence of their awareness that this is wrong. Much as a guilty party runs away from apprehension, blames others, or hides evidence, the city’s efforts to conceal Chief Watson’s illegal acts speak as much about Rob Perry and Mayor Berry’s ability to do what is right.
With Chief Watson, we see Mayor Berry vote no confidence in Albuquerque’s bravest of the brave.
You say wheres the proof? Read below;
Tige Watson is AFD’s Chief of Personnel and our Eyes tell us he is next in line to succeed Chief Breen to take over AFD and its $60 Million budget. As the department’s personnel chief he should be intimately aware of personnel policies, rules, regulations and applicable labor laws. But his knowledge of such rules and regulations does not stem from skills and experience, it comes from breeching those very rules.
On December 14th, 1999, then a lieutenant, Chief Watson started paid leave under the Family Medical Leave Act in support of his pregnant wife. FMLA grants twelve workweeks in a given year for eligible employees to provide care for the employee’s spouse, child, or parent who has a serious health condition. Yet, while Chief Watson was supposed to be here in Albuquerque caring for his wife, he was actually pursuing employment with the Henderson County Fire Department in the state of Nevada. His employment status was that as a cadet in the Henderson Fire Academy. On January 6th, 2000, after this matter was brought to the attention of then Deputy Chief Ron Beckman, an internal investigation was launched inquiring into the extent that Chief Watson defrauded AFD. Under the terms of FMLA he was on paid leave to care for a family member’s medical condition. The allegations against Chief Watson were that he was not complying with the requirements of FMLA and Chief Watson was not allowed to have employment outside of his current assignment with AFD without permission. Upon completion of an internal investigation, Chief Watson was disciplined with 60 hours unpaid leave for his fraudulent representations. Our Eyes tell us there has been no other instance of an AFD employee receiving such a suspension, and that other shave been terminated for less. Our Eyes tell us that for unknown reasons, this incident has been buried despite the local media being alerted to it. We wonder if this is but another example of the Mayor Berry doing whatever is necessary to “appear” as if his administration is inclusive of all despite challenges to their merit, skills, ability, or knowledge.
We’ve seen, and continue to see the effects of poor leadership upon APD. AFD’s chief has already received a vote of no confidence. As the Chief of Personnel, Chief Watson has disciplined 14 AFD members for off-duty conduct, of which 6 resulted in the employees being fired. Yet, there have no other instances where AFD personnel have been disciplined at the level Chief Watson was back in 2000. Our Eyes assert that this is very troublesome within the ranks of AFD as, and similar to APD, there is significant disparity between the application of rules to supervisors versus rank and file employees. The fact that the city has buried this issue and its details is evidence of their awareness that this is wrong. Much as a guilty party runs away from apprehension, blames others, or hides evidence, the city’s efforts to conceal Chief Watson’s illegal acts speak as much about Rob Perry and Mayor Berry’s ability to do what is right.
With Chief Watson, we see Mayor Berry vote no confidence in Albuquerque’s bravest of the brave.
You say wheres the proof? Read below;
Labels:
AFD,
AFD Breen,
AFD DC Tiger Watson,
APD
May 14, 2012
City does the Insane to Zane
In The Matter of T. Zane Reeves….
On Tuesday, May 1, 2012, City of Albuquerque’s CAO Robert Perry sent notice to Dr. T. Zane Reeves informing him that “effectively immediately” he had terminated the city’s contract with Dr. Reeves. This action comes after the city’s personnel board denied having any jurisdiction over the city’s issues with Dr. Reeves. Astonishingly, Mr. Perry’s action comes after district court Judge Nan Nash denied the city’s effort to obtain a restraining order against Dr. Reeves from hearing any more city personnel grievance appeals hearings. Having failed in all other areas where an objective review of the city’s allegations against Dr. Reeves were found to be without merit, Mr. Perry simply, and some say personally, took matters into his own hands and fired Dr. Reeves.
For over twenty years, Dr. Reeves has been a hearing officer for the city of Albuquerque. Under the city’s Merit System Ordinance, employees who receive discipline in excess of five days off (and up through termination) may grieve and appeal their discipline though an administrative hearing. The hearing is run much like a bench trial with the city represented by a department executive and city lawyer and the grievant represented by a lawyer. By city ordinance, the hearing is presided over by a “hearing officer” who acts much like a trial judge. While paid by the city, the hearing officer is an independent contractor and is hired as a neutral third party to determine facts and render a recommendation. This recommendation is then taken into consideration by the city’s personnel board which either upholds or declines to follow the hearing officer’s recommendation. Hearing officers are hired on a competitive basis and are generally lawyers, academics, or certified arbitrators.
Dr. Reeves is a retired UNM professor and holds a Ph.D in political science from the University of Southern California. He is a member of the prestigious National Academy of Arbitrators and has been recognized as the most competitive candidate to operate as a hearing officer for the City of Albuquerque. Dr. Reeves travels the country hearing cases as an arbitrator, training arbitrators, and holding administrative hearings.
On February 6th, 2012, Dr. Reeves rendered a recommendation concerning former APD officer Russell Perea. Dr. Reeves recommended to the city’s personnel board that they reinstate Mr. Perea because the city failed “to demonstrate employee wrongdoing, much less that he deserved to be discharged.” It was during this hearing that Deputy Chief Allen Banks was caught lying under oath, and where the testimony by Chief Ray Schultz, Deputy Chief Paul Feist, Commander Doug West was successfully challenged and defeated. Following this decision the city embarked on what can only be described as a smear campaign full of intimidation and retaliation. The city claimed Dr. Reeves’ recommendation was the result of internal bias. The city’s evidence that he acted with bias consisted of the following: a 2011 editorial concerning the Wisconsin labor/management crisis, post hearing ex parte communication with labor union representatives, and soliciting buyers for his book on Hungarian victims of the Holocaust.
The city (through lawyer Rebecca Wardlaw who failed the city in the Perea hearing) argued that these elements comprised a “pattern of conduct” and are proof of Dr. Reeves’ bias and thus invalidated the Perea decision and compromised any future hearings held by him. The city argued unsuccessfully in front of the personnel board and an openly irritated Judge Nash that these elements were proof of his bias and that such bias was in conflict with the state’s code of judicial conduct. Upon failing in all other regards, Mr. Perry then took matters into his own hands, and by absurdly claiming victimhood at the “stacking of a deck”, arbitrarily terminated Dr. Reeves’ contract.
Reviewing this matter in daylight presents many troubling issues. But instead of repeating what the personnel board and Judge Nash have already done, determine that the city’s arguments hold no merit, we are concerned with the larger picture this effort raises:
-If the city is so concerned with reinstating Russell Perea, why are they NOT appealing
the personnel board’s decision? The city makes no effort to dispute Dr. Reeves’ findings.
-If Russell Perea’s reinstatement is not the target of the city’s efforts, what was Dr. Reeves scheduled to hear that the city so desperately sought his removal?
-What will be the chilling effect upon the other independent hearing officers by the city’s arbitrary action to terminate Dr. Reeves’ contract?
-Because the city breached Dr. Reeves’ contract by wrongfully terminating him, what liability has the city burdened the citizens with?
-What additional liability has the city burdened the taxpayers with by contaminating the hearing process with their arbitrary and threatening behavior and thus prejudicing all pending and future grievants from having fair and impartial hearings?
-Dr. Reeves’ past decisions include upholding the termination/discipline of many APD officers including Ben Kirby, Al Walck, Anthony Zambrano, John Messimer, Lt. Paul Rees, and Sgt. Bret White, given this action by the city, do these parties (or estates of the parties) now have new claims against the city?
-The “interim” chief hearing officer Stanley Harada’s objectivity was challenged when he summarily dismissed red-light camera tickets in the spring of 2007 when confronted by the media, can we expect him to similarly fold under the pressure of Mr. Perry? (our Eyes also tell us Mr. Harada almost lost his law license in a malpractice claim where he missed a statute of limitations deadline.)
In the matter of Dr. Reeves, our recommendation is the time has come to hold Mayor Berry, Robert Perry, and Mayor Berry’s police chief, Ray Schultz, to the same level of scrutiny they so comfortably hold on others. Given the unfolding and on-going saga of ex-APOA president Filiberto “Joey” Sigala, we’re sure to see the threads of stolen money, stolen property, and other criminal issues cross over from APD’s 5th floor to City Hall’s 11th floor…but this time it is agents of the New Mexico State Police following the trail…we wonder if they will see what is an obvious pattern of bias, intimidation, and quite frequently illegal conduct.
On Tuesday, May 1, 2012, City of Albuquerque’s CAO Robert Perry sent notice to Dr. T. Zane Reeves informing him that “effectively immediately” he had terminated the city’s contract with Dr. Reeves. This action comes after the city’s personnel board denied having any jurisdiction over the city’s issues with Dr. Reeves. Astonishingly, Mr. Perry’s action comes after district court Judge Nan Nash denied the city’s effort to obtain a restraining order against Dr. Reeves from hearing any more city personnel grievance appeals hearings. Having failed in all other areas where an objective review of the city’s allegations against Dr. Reeves were found to be without merit, Mr. Perry simply, and some say personally, took matters into his own hands and fired Dr. Reeves.
For over twenty years, Dr. Reeves has been a hearing officer for the city of Albuquerque. Under the city’s Merit System Ordinance, employees who receive discipline in excess of five days off (and up through termination) may grieve and appeal their discipline though an administrative hearing. The hearing is run much like a bench trial with the city represented by a department executive and city lawyer and the grievant represented by a lawyer. By city ordinance, the hearing is presided over by a “hearing officer” who acts much like a trial judge. While paid by the city, the hearing officer is an independent contractor and is hired as a neutral third party to determine facts and render a recommendation. This recommendation is then taken into consideration by the city’s personnel board which either upholds or declines to follow the hearing officer’s recommendation. Hearing officers are hired on a competitive basis and are generally lawyers, academics, or certified arbitrators.
Dr. Reeves is a retired UNM professor and holds a Ph.D in political science from the University of Southern California. He is a member of the prestigious National Academy of Arbitrators and has been recognized as the most competitive candidate to operate as a hearing officer for the City of Albuquerque. Dr. Reeves travels the country hearing cases as an arbitrator, training arbitrators, and holding administrative hearings.
On February 6th, 2012, Dr. Reeves rendered a recommendation concerning former APD officer Russell Perea. Dr. Reeves recommended to the city’s personnel board that they reinstate Mr. Perea because the city failed “to demonstrate employee wrongdoing, much less that he deserved to be discharged.” It was during this hearing that Deputy Chief Allen Banks was caught lying under oath, and where the testimony by Chief Ray Schultz, Deputy Chief Paul Feist, Commander Doug West was successfully challenged and defeated. Following this decision the city embarked on what can only be described as a smear campaign full of intimidation and retaliation. The city claimed Dr. Reeves’ recommendation was the result of internal bias. The city’s evidence that he acted with bias consisted of the following: a 2011 editorial concerning the Wisconsin labor/management crisis, post hearing ex parte communication with labor union representatives, and soliciting buyers for his book on Hungarian victims of the Holocaust.
The city (through lawyer Rebecca Wardlaw who failed the city in the Perea hearing) argued that these elements comprised a “pattern of conduct” and are proof of Dr. Reeves’ bias and thus invalidated the Perea decision and compromised any future hearings held by him. The city argued unsuccessfully in front of the personnel board and an openly irritated Judge Nash that these elements were proof of his bias and that such bias was in conflict with the state’s code of judicial conduct. Upon failing in all other regards, Mr. Perry then took matters into his own hands, and by absurdly claiming victimhood at the “stacking of a deck”, arbitrarily terminated Dr. Reeves’ contract.
Reviewing this matter in daylight presents many troubling issues. But instead of repeating what the personnel board and Judge Nash have already done, determine that the city’s arguments hold no merit, we are concerned with the larger picture this effort raises:
-If the city is so concerned with reinstating Russell Perea, why are they NOT appealing
the personnel board’s decision? The city makes no effort to dispute Dr. Reeves’ findings.
-If Russell Perea’s reinstatement is not the target of the city’s efforts, what was Dr. Reeves scheduled to hear that the city so desperately sought his removal?
-What will be the chilling effect upon the other independent hearing officers by the city’s arbitrary action to terminate Dr. Reeves’ contract?
-Because the city breached Dr. Reeves’ contract by wrongfully terminating him, what liability has the city burdened the citizens with?
-What additional liability has the city burdened the taxpayers with by contaminating the hearing process with their arbitrary and threatening behavior and thus prejudicing all pending and future grievants from having fair and impartial hearings?
-Dr. Reeves’ past decisions include upholding the termination/discipline of many APD officers including Ben Kirby, Al Walck, Anthony Zambrano, John Messimer, Lt. Paul Rees, and Sgt. Bret White, given this action by the city, do these parties (or estates of the parties) now have new claims against the city?
-The “interim” chief hearing officer Stanley Harada’s objectivity was challenged when he summarily dismissed red-light camera tickets in the spring of 2007 when confronted by the media, can we expect him to similarly fold under the pressure of Mr. Perry? (our Eyes also tell us Mr. Harada almost lost his law license in a malpractice claim where he missed a statute of limitations deadline.)
In the matter of Dr. Reeves, our recommendation is the time has come to hold Mayor Berry, Robert Perry, and Mayor Berry’s police chief, Ray Schultz, to the same level of scrutiny they so comfortably hold on others. Given the unfolding and on-going saga of ex-APOA president Filiberto “Joey” Sigala, we’re sure to see the threads of stolen money, stolen property, and other criminal issues cross over from APD’s 5th floor to City Hall’s 11th floor…but this time it is agents of the New Mexico State Police following the trail…we wonder if they will see what is an obvious pattern of bias, intimidation, and quite frequently illegal conduct.
May 13, 2012
HAPPY MOTHER'S DAY
Today is a day to be celebrated in the grandest fashion. Happy Mother's Day to all women; without you none of us would be here.
Ladies, the Eye On Albuquerque wish you our best.
Gentlemen, do something nice or special to show the women in your life how much you really appreciate them.
MAY GOD BLESS,
The Eye On Albuquerque Staff
Ladies, the Eye On Albuquerque wish you our best.
Gentlemen, do something nice or special to show the women in your life how much you really appreciate them.
MAY GOD BLESS,
The Eye On Albuquerque Staff
May 10, 2012
Proof APD is Falling Apart Under Schultz
The picture above is of Joey Sigala, our local jailbird. Mr. Sigala is the former president of the Albuquerque Police Officer’s Association. It is only a matter of time before we post a similar picture of Schultz and the rest of the boys.
Sigala was arrest for Domestic Violence after he allegedly accosted his estranged wife. Sigala was booked on several felony charges. Is it a felony to commit perjury under oath? Ray... Allen...
Hahaha; pack your bags boys…You might want to include some chocolate and nylons for your “business” travels.
Is there any doubt that Ray Schultz is corrupt and is allowing different forms of corruption to exist? You decide…
Labels:
Allen Banks,
Joey Sigala,
Ray Schultz
May 8, 2012
Too Little Too Late
The Albuquerque Journal ran a story (read it here) on Monday that was titled, “Database To Warn Cops Of Dangers.” In the story, the Albuquerque Police Department’s leaderless Chief, Ray Schultz, stated, “‘Project Guardian’ is essentially a database-driven system that will alert officers who are serving warrants or responding to other types of calls that the officer is about to encounter someone with a mental illness.” This data base is too little too late.
If you remember on June 15, 2011, the Eye On Albuquerque posted a story (read it here) titled, “Violent Mentally Ill Issue is a National Problem.” In this story we noted the national tread of police shootings involving mentally ill people. Placing our best foot forward we offered the idea to Schultz. Below is an excerpt from the story:
“This is not a local police issue but a national crisis and should be addressed as such. Chief Schultz is a member of the International Association of Chiefs of Police (IACP) which offers national support for police issues in addition to the Fraternal Order of Police (FOP). The IACP and the FOP Presidents have spoken directly to the President of the United Stated as well as our Congress. With assistance at a national level, not only from the FOP and IACP but from our house of representatives and our senators Understanding HIPAA and other restrictive laws, the time has come to create a new index for National Crime Information Center Data Base (NCIC) to house information concerning mentally ill persons across the United States. The NCIC data base is a computerized index of criminal justice information. This would give law enforcement officers across the Country a valuable tool in dealing with this segment of our population. Knowledge is the rawest form of influence and with this type of knowledge (influence); the officer’s decision making process would shift into high gear and hopefully save lives.”
Why didn’t the City’s leaderless Chief Schultz create the data base eleven months ago? Could this type of data base have stopped the last dozen or so police shootings? Think about it folks… Even if it only saved one life; for any family who has lost a loved one they would pay ten million dollars to have their loved one back. This only proves Schultz is a washed up failure and does not truly have the community’s best interest at heart. Great idea Schultz; we wonder where you got it from…
Perhaps the next mayor will bring in a true chief who really cares about the people of the community.
May 4, 2012
Schultz has created a World of Problems
Since the commencement of 2012, Mayor Berry’s police department has had several challenging months. From failure to fiasco, hardly a week goes by without there being some new challenge compromising APD’s ability to operate. We thought we’d take a moment to review where things stand this year so far and note how one couldn’t plan the mismanagement of a police department more horribly even if you tried:
-Failing to anticipate celebration by bar goers on New Year’s Eve, the new year starts with shootings downtown and with APD personnel pleading for backup from other area commands over the air.
-Not learning from the New Year’s events, violence repeats itself downtown during the Fat Tuesday celebrations.
-The city continues to pay out multi-million dollar checks to plaintiffs whose harm is aggravated by administrator and command staff coverups.
-The annual patrol officer bid starts with as many people assigned to the field as there were almost twenty years ago despite the addition of two area commands and massive population growth.
-Despite stagnant staffing levels and reduced employee expenses, thanks to freezing wages and transferring healthcare costs to employees, APD’s budget soars to over $160,000,000.
-Chief Schultz maintains his national standing with the LA Times and New York Times with his inept management of APD and the statistically significant number of officer involved shootings.
-Fired employees Russell Perea and Mark Wilson are found to have had their employment terminated without cause and are ordered for full reinstatement by the city personal labor board.
-Fired employee Orlando Comacho wins his lawsuit against Chief Schultz and proves he was improperly terminated and denied due process.
-APOA continues to be under a cloud of, at best financial mismanagement, or at worst, criminal financial crimes.
-CAO Rob Perry, claims in the best of Orwellian fashion that the city is a victim and subject to a stacked deck by contract hearing officers. Because the city lost its appeals to the personnel board and to district court, the city in all its weakness simply fires the hearing officer.
-Deputy Chief Allen Banks is caught lying under oath while giving testimony in a labor hearing and thus contributes to the rehiring of a terminated employee.
-Lieutenant Dodi Comacho fails to provide relief for officers under fire during a nighttime shooting incident in order to keep the downtown bar owners happy.
-APD puts forward a promotion list that defies belief: Junior lieutenants Dodi Comacho, Kevin Rowe, and Joe Christman are to be promoted before other candidates that scored higher and have more relevant experience.
-Commander Steve Warfield will be promoted to Deputy Chief despite a conviction of a civil rights offense of excessive force which cost him punitive damages of $37,500 and attorneys fees (see ABQ Journal article from 12/10/09).
-APD Deputy Chief Allen Banks will become the chief of APD’s field services division despite the fact that he has no patrol experience, has demonstrated limited leadership ability, and seems to have no ethics.
-APOA leaders are the subject of an investigation by the NM State Police for financial crimes.
-APD officers are now required to wear bodycameras and must record all encounters with citizens all the time.
We really don’t know what to say except that we’re sure that if you asked Mayor Berry’s police chief, Raymond Schultz, he’d probably say he didn’t know anything about it. What concerns us, is that while all of these issues are driven by decisions made by poor management, it is the frontline officers and detectives who bear the brunt of these challenges. Their jobs have been made that much more difficult by the few people who clearly are not capable of running the state’s largest police department. Summer has not even started yet here in Albuquerque, and we know there is much more coming….Do the citizens of Albuquerque really have to wait before becoming victims of Mayor's Berry's police department as it reaches its tipping point?
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