The Piercing Truth

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

Oct 27, 2012

WHAT EVER HAPPENED TO "INNOCENT; UNTIL PROVEN GUILTY?"

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

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

For those that don't know, the policy change that Chief Schulz proposed and Mr. Korn proselytized, concerns the revocation of a New Mexico law enforcement officer's certification to be a law enforcement officer. Think of the certification as one's license to drive, or to practice medicine, or to practice law. In order to be employed as a police officer/deputy in this state (and almost any state) you needed to have the necessary certification to do so as under 10.29.1.1 NMAC et seq. Until this past Tuesday, in order to have an officer's certification revoked, they needed to have been found guilty of violating felony law, certain misdemeanor laws, or have been shown to have committed acts which display an absence of moral character, dishonesty or fraud. Now, thanks to adoption of this new policy, an officer's license is in jeopardy upon being charged with a crime or act of moral turpitude..NOT upon conviction or confirmation of such an event.

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

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

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

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

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

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

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

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

Does anybody know of a certain chief of police who is in such violation of these elements that the US Department of Justice is investigating his department? If so, let the LEA board know: http://nmlea.dps.state.nm.us/wp-content/uploads/2012/08/LEA-90.pdf

23 comments:

Anonymous said...

Where is the FOP and the APOA, the Deuty Sheriffs Association, THE NMSP association in all this.

You all have no one to blame but yourselves. No due process. WOW.

Anonymous said...

The list of APD officers who have successfully sued Schultz for violating their civil rights is very long. Yet this person is still chief. Just how much of the citizens money is going to be wasted paying off officers who Schultz has tried to ruin? Now we have an outside of APD officer (Officer Zuni) that was wrongly accused of rape by APD detectives. For four years Officers Zuni said he was innocent and the day the criminal trial starts John D'amato presents evidence that proofs Zuni is innocent. Why did Schultz and his APD Detectives find this evidence? Maybe it was just too hard to find. And what was this evidence that proved this officer was innocent? A video tape from Hard Rock Casino. Even Cadets in the acadmey know to ask for video, but not Schultz and APD. Under Schultz leadership we have had several innocent men left to languish in jail for years, while APD and Schultz knew they were innocent. So far the citizens have paid out almost $3,000,000 with another million coming.

I sure hope officer Zuni sues APD. Maybe the citizens need to lose around $40,000,000 in APD lawsuits before the light comes on and the place the blame and accountability right where they belong, at the feet of RAY SCHULTZ. He bears the responsibility of the millions in lawsuit dollars lost. Berry should hold him accountable. Next October the voters will hold Berry accountable.

Anonymous said...

The LEA board just let Schultz cost the state now for his antics. This guy constantly shifts the blame for his bullshit to everyone else for when the lawsuits start to fly. He is the typical coward who wants everyone else to do his dirty work for him. He tries to pawn off his dirty cases against cops to district attorney's offices who see right through his shit. When that doesn't work, he takes his lies to the feds who already have his number. Now this asshat wants the State board to buy into his crap in a last ditch effort to back his sorry lying ass up for the illegal shit he has been doing. Well chief, wrong is wrong. Everyone else sees it. Now the state taxpayers along with the courts will see it. This will just add to taxpayer funded payouts at the hands of this creep.
Maybe the chief should man up for his blunders, realize he is an absolute failure, and leave. He is a cancer on the city that has now spread to the state. People in Gallup, Santa Fe, Taos, Hobbs, Clovis, and all the other cities should now be notified that the board acting on a lying chief's word will now cost them. Some idiots will never learn. On the other hand, this will work it's way out in the courts. They have pushed it this time. The double dipping policy on discipline is illegal, and all it is going to need now is a state court to put an end to this crap and this is going to go away for good. Every other state in the country, with the exception of this 3rd world corrupt piece of realestate has been through this, and these antics have been outlawed. Some people just don't do their research.

Anonymous said...

Or Tank Guenther...or John Doyle. Or Rob Woolever. Or Frank Tllman.....

Anonymous said...

The current crop of Republicunts have ensured the Dems control for years. Well done Darren and ur HAG mother in law ahhh susana.

Anonymous said...

Tillman should be on admin leave with pay and an investigation started. Because Tillman is an African American, Schultz is afraid of looking bad to that COMMUNITY. Plus APD has to keep a certain number of minorities on the department to keep getting federal funding. Anyone else caught doing what Tillman is accused of doing would be GONE....

Anonymous said...

The farm has been sold!

Anonymous said...

Schultz had his day in front of a federal jury and they convicted him of violating a hispanic officer's civil rights. So I guess Ray doesn't like the jury system so now you are guilty when he says you are guilty. Wonderful place we work at. More lawsuits heading Albuquerque's way. I see tax increases and reduces services in our future. Oh wait, we already have slower response times and over 100 fewer officers. I guess the future is now. Thanks Berry and Ray.

Anonymous said...

Don't worry, Tillman will be gone. He'll be the test case for this new policy when they rip his cert away Schultz will so "what can I do? So sad, you're fired."

Anonymous said...

@1155regarding Officer Zuni....it's not even that Schultz ans his Sex Crimes unit failed to get that evidence or didn't get it.....lthey knew about it AND failed to act. Typical APD now, don't do ant real investigation...just look for the low hanging fruit and build the case around that. Think about it...how many solid and really diabolical cases has APD solved in the last few years??? None. Remember the safe cracker? Remember the serial rapist in the Unm area? How bout the west Mesa killer? Shit, they didn't even do Doug Vaughan!!!

Anonymous said...

Schultz has his investigators hide evidence and omit any witnesses that would be detrimental to hanging their targets. Their motto is DON'T LET TRUTH GET IN THE WAY OF JUSTICE. Even if they know they will get caught, they will still do it just to fuck up someone's life.
And every bit of it is going to be exposed. Shit bags who frame people should face the same consequences they try to frame their targets with, along with everyone involved in the despicable act. There is a huge traceable pattern of this now, and everyone it was done to is geting together to do something about it. Say high to a multi million dollar class action civil rights lawsuit. And guess what, there is a provision when this is done maliciously that the defendants can be sued personally. Say hello to losing your bank accounts and personal belongings. It's about time the citizens of Albuquerque no longer have to foot the bill for negligent, malicious behavior of a few malfeasants. And guess just how much of a wealth of information is coming from all the birds singing like the world is coming to an end. Like it has been said before, you just can't screw over this many people for so long and get away with it.

Anonymous said...

I was told once to get rid of some evidence.. They said it would not help the case anyway..hummmmm

Anonymous said...

Tillman will get a hefty lea suspension of his certification if not a life time ban. If I was Tillman I would start looking for another job.

Anonymous said...

So much for being pro active..

Anonymous said...

Listen to the SF officer,s statement starting around 1:20 and see why every politician is built on lies.

http://www.youtube.com/watch?v=QwnP9vK_4Us

Is this where APD getrs it from?
People just lie like they breathe anymore.

Anonymous said...

Ignorance or a fool or both... Here is a hypothetic situation; your husband has been accused of improprieties concerning overtime by an unethical lieutenant. Since this involves issues of dis-honesty, Ray Ray sends the case to Cornhole at the LEA board. The Board via Cornhole decertifies someone’s husband. Then Ray Ray who hates someone’s wife, terminates the husband because he has been “decertified.” Sound familiar...Cornhole is the enemy of cops…He only seeks the almighty dollar. He is part of this game to raise money so it can be SPENT at his business. Someone out there keeps mistaking GREED for kindness. It was a political ploy. Wake up fool. Apologies, we cannot forget another hypothetical situation; an officer posts something on a social media site. This brings the Albuquerque Police Department into ill-repute. Ray Ray sends the case to Cornhole and the LEA Board. This officer is decertified and Ray Ray fires the decertified officer… Hum…Now, I only hear crickets…

Anonymous said...

The only fools here are the 3 individuals behind this site. Period. Hypothetically, of course.

Anonymous said...

And you too. Apprently. Hahahahahahaha!

The Men Behind the Curtain said...

11:49,
Ok, Hag and Dicks....
If you only had a brain?
If you only had some courag...
I knew I made a wrong turn at Kansas....
This is Oz. It is!!!!!

Anonymous said...

so why is Shultz still in office??

Anonymous said...

He's still in because the Mayor doesn't have a SET... Heather Wilson for MAYOR.........

Anonymous said...

Because the DOJ hasn't finished their indictment.

Anonymous said...

DOJ will not indict. Read the law, the elements aren't there.