Meanwhile....Over at AFD....

You remember a few weeks ago how it came to our attention that the brains running AFD had required personnel to deploy on their engines in below minimum staffing requirements. And then how one of the chiefs in charge of that order told his troops to remain silent or otherwise face certain retaliation even though he knew that it was his own department's failures that was the cause of putting his firefighters needlessly into harms way.  Well it seems things are getting worse for the beleaguared AFD deputy chief currently known as Victor Padilla.

One of our followers informed us of a few more items AFD Deputy Chief Vic Padilla would prefer the media not to know. It has come to our attention that in 2003-2004 Deputy Chief Padilla practiced as an AFD paramedic for approximately seven months without a license. AFD Deputy Chief Padilla broke the law and practiced medicine without a medical license! From our view point, AFD's administration is looking more and more like APD's administration everyday! How many patients were treated by Mr. Padilla and were injured as a results of his malpractice or were needlessly not treated.....

In addition to practicing medicine without a license Deputy Chief Padilla is now facing multiple Federal EEOC complaints. We understand that these EEOC complaints have teeth and because of that Chief Padilla is now looking to jump ship. Our eyes tell us Chief Padilla is attempting to purchase time to be able to retire. We here at the Eye wish Chief Padilla all the luck in the world with that endeavor. AFD will be a better organization after his departure.,,,,

Eyes from Barelas: Where is AFD?

We find lots of interesting things in our mailbox. Sadly it's not like Christmas, but more like Halloween with tricks or treats. A faithful reader sent us the following little treat this weekend. You see, it seems that no matter how the braintrust on the 11th Floor of City Hall tries to play games, the citizens of Albuquerque are wise to their little tricks.

Dear EYE,

I am a tax paying citizen of the Barelas community. I want to know why AFD is using a pumper truck in place of a ladder truck to serve our part of town. The last time I checked, the tall buildings are downtown. What the hell is going on with this city? A few weeks ago I saw we don't have enough firemen on our trucks and now we don't even have trucks! How the hell is the truck in this picture going to save anyone in a building downtown?  APD is a disgrace, AFD is short staffed and doesn't have trucks, Albuquerque is dead last in the entire county in job growth and New Mexico is now number one in child poverty. WTF is going on! 

Signed, Disgusted Barelas Resident 

AFD: "A Glitch in the System"

OVER BUDGET AND UNDERSTAFFED

APD is no longer alone in having a staffing shortage that risks the lives of both its members and Albuquerque citizens.  AFD is now so under funded that Chief Dave Downey has authorized AFD apparatus to be run short staffed. Trucks, which should be staffed by four firefighters, are now running with three crewmembers.

This is happening because AFD is understaffed and underfunded and this administration refuses to do anything about it. 

During the worst economic times our country has known since the Great Depression, and in the city with the worst economy in the nation, the City of Albuquerque says it cannot hire firefighters! It appears there are unending funds to pay lawsuits but not enough money to staff AFD trucks.

The Albuquerque Fire Department’s entire training process and SOPs for fighting fires are built on running four man pumpers, not understaffed three-man units. The decision of Chief Downey to save money by running short-staffed units has put firefighter lives at risk and, worse than that, it jeopardizes the lives of Albuquerque residents. Each of the four persons on the truck have specific duties to do as it is and with three, they each have excessive duties.

The real responsibility of this staffing and budgetary crisis lies at the feet of Mayor Berry. He is responsible for leading Albuquerque into its current state of economic disaster, destruction of APD and now the dismantling of the Albuquerque Fire Department. I guess this is what Mayor Berry was referring to during this past election when he continually stated, “Albuquerque was about to turn the corner economically.” Except it was turning the corner away from recovery and INTO meltdown.

This morning orders came down from the top of the AFD administration that anyone who stated over the radio during an emergency response that they required an additional unit as a result of a short-staffed pumper would be disciplined. You read that correctly, if an AFD firefighter requests over the radio additional units do to a short-staffed pumper they will be disciplined!

AFD Deputy Chief of Operations Victor Padilla was recorded Sunday morning stating explicitly that the decision to short staff AFD apparatus was being done to save money and that AFD administration did not want this fact getting out. 

Chief Padilla repeatedly stated that he disagreed with this decision but that it came from the Mayor’s Office. Chief Padilla explained that Chief Downey could obey the Mayor or look for another job. Chief Padilla also stated that Chief Downy had made the decision to short staff units endangering lives in a reactionary fashion due to AFD members calling of sick this weekend. If that is true, Chief Downey needs to be dismissed. Sick leave has been used for over one hundred years in AFD and there has always been more sick time used on the weekends.

Endangering the lives of firefighters and Albuquerque residents to punish AFD members who did show up for work is totally unacceptable and conduct unbecoming, by definition!

"If this gets out....Fuck You." In his statement, Chief Padilla spoke sarcastically about the well being of AFD personal. He holds the very members of AFD he has sworn to protect in contempt. It is totally intolerable that any Chief in AFD behaves in such a manner. During Chief Padilla’s disgusting and outrageous presentation he used profanity and conducted himself in an unprofessional manner. Chief Padilla needs to be immediately removed from his position. His handling of this AFD crisis has made a bad condition even worse! The time for AFD to receive the same scrutiny as APD has had for mismanagement is long over due.

APOA & IAFF 244: Why the Difference?

In a recent post, a blogger asked the following question:

"...why is it the IAFF is strong whereas the APOA is weak?" 

As we've reported on numerous occasions, the APOA has a history that speaks for itself. Over the last fifteen or so years our Eyes tell us its been led by:

Francisco Nogales
Billy Pounders
Marie "Sisi" Saens Miranda
Paul Pacheco
Alex Marentes
Jeff Remington
Lawrence Torres
Pete Dwyer
Ron Olivas
Joey Sigala
Greg Weber
Stephanie Lopez

Over about that same period of time the IAFF 244 has been led by:

John Garcia
Diego Arencon

And of the APOA's list, many of those presidents have resigned, retired, or were voted out in disgrace whereas it seems the IAFF either keeps things hush or they simply haven't had the endless issues their public safety cohort has had.

Let us remind you folks that a stable and unified organization is a much greater force to deal with than one that is fragmented. Given that APD has about 200 more sworn employees than AFD, why is it there simply no engagement by officers unlike AFD? A the public safety debate this past September, about 5 members of the APOA showed up we are told whereas over 80 from the IAFF were in attendance. With so many more members, one would naturally think APOA would dwarf the IAFF. But they don't. And they haven't for years.

And while the IAFF was out marching around on election day, the only APOA personnel out an about were those officers on duty assigned to watch the IAFF. Think about the irony in that!

Some of our posters have said that in order for the police union to be strong, people need to show up. We here at the Eye think that analysis is flawed. If a union is strong, members will show up. A union's strength comes from its members, but the members are led and inspired by their leader. The membership does not make the leader. So while it's noble to encourage people to attend, and don't get us wrong as they should, we would encourage to accept that lack of participation is a symptom of a greater issue affecting the APOA. The APOA as an entity seems to need true leadership and not people that simply follow the leadership model shown by the 5th Floor.  Schultz would have us believe that his failure as APD's chief is because of all those problematic employees when in fact they are a symptom of his failures.

Perhaps the APOA leadership should get together with the leadership of the IAFF and figure out what to do.

That is unless they find it acceptable to take a 2.5% boost in pay as a gesture against a nearly 8% pay cut while the city's CAO takes a 33% raise. That is unless they are ok seeing the department's size dwindle to what it was in 1992.

That is unless they are ok with their membership being, as our Eyes tell us, utterly terrified to do anything contrary to the wishes of Banks or Berry because they know nothing will stop the retaliation....

Both unions have not only a duty to their membership, but a duty to providing the best possible public safety services to the citizens they serve. While it is clear that ever since Torrez was the APOA president, their priority has been to serve the mayor and the chief, maybe now is the time to put the citizens and your officers first and leave Banks and Berry to their own demise.

....Now Breen Goes Too...

And with that, AFD's chief, James Breen gave notice to his department's employees. While there seemed to be a bit of reluctance in his letter, for better or worse, Breen provided a laundry list of things he's helped AFD accomplish during his tenure as chief. One of our Eyes offered this comment for Chief Breen:

"I am glad to see Chief Breen retire. It will soon be obvious to the rank and file that the next Chief will be just as bad. Proving that Mayor Berry and CAO Perry don't care about a good leaders reputation. They will continue to destroy Firefighter and Paramedic morale. Hopefully the next Chief will have the courage and integrity to support ABQ's Bravest Men and Women of the fire department!"

Despite whatever criticisms folks have regarding Breen, one thing that caught our Eye was a comment from somebody within APD:

"I couldn't help but notice Breen at least had the integrity and honesty to give notice to his employees unlike our former chief. With Schultz, he just sent a letter with homemade letterhead to his boss Rob Perry. He didn't talk much about what's gone on with APD under his "Leadership." And he obviously didn't talk about all the failures--especially with the DOJ here in the department's living room. I hear talk that Breen was pushed out. Well I think when you compare these two letters it's totally obvious Schultz was kicked out. Eye can you post a copy for us to see side by side?"

Of course we can....

Hmmmm........

Misleading and Mischaracterized Statements: Yermal Style

Recently the above memo was distributed out to Albuquerque city employees. In it Berry/Perry & Company's very own Human Resources director, Vinnie Yermal,  reacted to a public comment by a labor union president representing the local AFSCME chapter. Yermal you see was upset about some comments made by the president that revealed publicly what has been the city's method of working with labor unions: Don't Work With Them. And here, Yermal went on the attack.

Since Berry took office, he and Perry have not backed down from their efforts to remove all city paid compensation to city employees who get paid to work for their unions. This is an ideological argument that neo-conservatives can't seem to get over. Nevermind the fact that at most we're talking about a handful of employees and that in reality they bring a positive savings that out weighs their earnings. But by the city's actions of not negotiation on this issue, they have brought an impasse to union contracts with the police, fire, and AFSCME covered city employees. And from those impasse's there are lawsuits and decreased productivity. Not bright executive management style at all if you ask us. Out of protest of a few employees, Berry/Perry have harmed thousands of other employees.

While Berry/Perry's lead contract negotiator has collected hundreds of thousands of dollars in his efforts to make sure all the main unions do not get new contracts, the affected employees have also seen their pay go down while their expenses go up. Now with the AFSCME president bringing attention to this matter, Yermal goes on the offensive in actually blames her for the impasse.

Oddly Yermal makes the statement that had the unions folded on this issue all employees would have seen a 1% raise each year for each of the last three years. Funny, affected city employees have seen a reduction in income and had this increase occurred it would have been a pay restoration and not a raise. Silly Yermal.

Yermal then closes the memo by saying, after his lies, that he hopes the "memo clears up and confusion and misunderstanding regarding the City's position." Right, because only in the land of Berry/Perry is it called leadership where you punish the vast majority of your employees while you give your impulse control impaired CAO a $33,000/year raise.

We at the Eye have to state the obvious, Yermal sounds way too upset for a guy that according to the city's transgression, oops we me transparency, site makes $45.94/hour.

But then again, since Yermal only gave $500 to Berry's campaign (reported on August 20th), unlike the $2500 Perry gave Berry, I guess we shouldn't be surprised he's been tasked to push back against the city's workers.

Given how APOA Vice President Willoughby can't support APD interim chief Allen Banks enough praise (even though Banks is even more anti-union than Schultz) we don't expect much from the city's finest to fight for their wages. AFD shows promise but the cards are still out.

Who knows, maybe it will be the clerical workers, the solid waster drivers, or perhaps those fiesty librarians that finally pull the plug on Berry/Perry & Company's war on their employees. We do know that they just got a huge ally with the election of Diane Gibson to city council.....we see.....

RJ Berry, Rob Perry and AFD Chief Breen are Killing AFD Firefighters

Does the title shock you? It shouldn’t, and you shouldn’t be surprised by the inept Berry’s administration. And yes, you read it correctly.  The Albuquerque Fire Department is poisoning nearly every AFD firefighter on a daily basis with highly toxic and poisonous carcinogens.  AFD Chief Breen is fully aware of this outrageous and dangerous situation as are RJ Berry and Rob Perry and evidently none of them care or are concerned.

What is shocking is firefighters have already died and others are dying at this very moment as a result of this inexcusable and disgusting safety violation.  The Berry administration knows about the violations and continues to allow it to occur. 

There are multiple national safety regulations that require fire stations to have extraction systems to remove the highly toxic and carcinogenic diesel fumes emitted by firefighting apparatuses from the environment that firefighters work and live in. Extraction systems redirect the exhaust fumes which are highly toxic outside where they will not poison the firefighters inside the station.  Ninety percent of these mandated extraction systems in all AFD stations are non-functioning and have been non-functioning during the entire Berry administration.  Top level personnel such as Rob Perry and Chief Breen have also been made aware of the situation but have refused to take any action to correct the problem.

Chief Breen’s administration is acutely aware of this intolerable situation and has failed to have AFD’s extraction systems repaired or even maintained. AFD currently has a firefighter suffering from a serious and potentially fatal health conditions which are directly attributed to the non-functioning extractor systems.  These same firefighters have repeatedly filed “exposer reports” to the AFD’s administration to no avail.

In this story you will see pictures of the non-functional extraction systems currently in the Albuquerque Fire Department stations. These systems have been in this non-functional state for the ENTIRE RJ Berry Administration, while Breen has been chief. We keep stressing this because Berry and Breen have known about this problem and have done nothing to address the problem or fix it. This situation is so egregious that new AFD units are not equipped with a magnetic puck.  The cost of a puck is around ten-dollars.  The pucks are required for the extraction hoses to connect to the units. The pictures are hard facts and proof of this assertion. 

Berry and Breen are no better than the Syrian government.  Knowingly and willing, “gassing” the firefighters on a daily basis with known toxic carcinogens, amounts to crimes against humanity. This is what Hitler did to the Jewish population. Yet, neither Berry nor Breen care.  

The toxic pollution from the AFD trucks enters the living and sleeping quarters of our firefighters. At Station #6, the exhaust from one of AFD trucks literally enters directly through the door of the firefighters’ bunk room. That is where the firefighters sleep.  Below you will see pictures of an AFD station that is not equipped with an extraction system at all.  Question is who wrote the extraction system out of the budget? At least the other stations have a non-functioning one. 

We here at the Eye can provide an unlimited amount of Albuquerque Firefighters who will provide testimonials as to the truth of all assertions made in this story.  What is shameful is everything stated in this story is common knowledge at AFD.  RJ Berry and Chief Breen have proven that they do not care about the men and women; the same men and women who risk their lives every day to serve the citizens of Albuquerque. 

This is not an argument about salaries or benefits; this is about our public servants becoming ill and going home to their families because of the negligence of RJ Berry and Chief Breen. Their refusal to adhere to mandated safety standards is literally killing Albuquerque Firefighters. 

Below are some links to stories about a couple of the AFD firefighter swho have fallen as victims of this outrage and hideous practice.  These links also will provide related information about the required extraction systems for fire stations. 

firefighters-welcome-home-a-special-brother 

Albuquerque/Firefighter-fights-second-brain-tumor

Albuquerque/Firefighter-dying-of-cancer-hopes-to-take-family-to-Disneyland

diesel-fumes-definitely-cause-cancer-should-we-be-worried

 

http://www.ffcancer.org/?zone=/unionactive/view_page.cfm&page=Diesel20Exhaust202620More 

Please call RJ Berry and your City Councilor and AFD Chief Breen and demand that they immediately address this criminally negligent situation. 

RJ Berry

http://www.cabq.gov/mayor/contact-us 

City Councilors

http://www.cabq.gov/council/councilors 

AFD Chief Breen

505-768-9300

The following are current pictures of the non-functioning extraction systems at the AFD stations:

 

 

 

 This is a brand new AFD truck (below) that is not equipped with a ten-dollar puck required to attach to an extraction hose.

 

 

 

 

This is diesel soot (smoke debris) on the wall (pictured below) of one of AFD’s stations.  Can you imagine what the firefighters lungs look like? 

 

 

 

 

 

 

This is an AFD station (pictured below) that is not equipped with an extraction system at all.

 

 

Here is what is truly disheartening; this Thursday, September 5, 2013, public safety (police and fire) are jointly holding a Mayoral forum. Mayoral Candidates, Paul Heh and Pete Dinelli have agreed to participate; Mayor Berry has refused.  What does this tell you about the current mayor?  We here at the Eye On Albuquerque completely agree with Mr. Heh: Mayor Berry, we call “Bullshit” on you! This is absolutely unacceptable and is appalling.  Berry should be in handcuffs; he is ultimately responsible for this entire disaster.  

SIDEBAR

 

The APOA has decided not to endorse any mayoral candidate which we find pusillanimous.  The good part of this is the APOA is supporting the IAFF Local 244 and participating.  Fortunately, 244 had the esprit de corps to be united and the camaraderie to step up to the plate and take action. 

END SIDEBAR

We hope some of our true city leaders step up to the plate and champion for our firefighter personnel.  The entire city council should be 100% behind fixing this heinous violation against our firefighters. If there is any person on the council who opposes correcting this problem immediately; they should be admonished and resign! Sorry Brad Winter, Trudy Jones, Janice Arnold-Jones, Don Harris, Roxanna Meyers and Dan Lewis; you will not be able to hold your party lines loyalty to your chosen God; Republican Berry.

This is unequivocal proof Berry is anti-public safety.  Berry’s lack of action on such an important issue strongly suggests he is anti-American. Berry could care less about the citizens, let alone, our firefighters who are willing to make the ultimate sacrifice for the rest of us citizens; each and every day. 

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;

White to File Bogus Complaint

Albuquerque’s local ex-TV camera hog, Darren White, stated in today’s Journal (read it here) he is planning on filing a “state and federal complaint over the release of a paramedic run report.” The Journal also stated, “White believes the information was leaked to reporters in violation of privacy laws.” White had said in the past that he believed that it was a HIPAA violation; which it is not. Apparently, White has failed again; if he would research the topic he would have learned he is dead-wrong.

Notwithstanding, White himself went on public television and stated that they (Darren White and Kathy White) were releasing Kathy White’s medical records. CAO Rob Perry was rushing the media in the room, throwing the reports at everyone like a dog with rabies foaming at the mouth. White by his own public statement released Kathy White’s medical records. At this point it does not matter if White’s claim is privacy or HIPAA or both. He sealed the fate of this entire quandary when he publically gave his waiver.

The Eye has included two sites for you to visit as proof that there was not any HIPAA violation.
Read it here and here.

This looks more like harassment and more intimidation by White. The paramedics stated “they were intimidated by White’s presence at the scene, but they were able to do their jobs effectively, according to the IRO report.” This statement means two things, one, White was intimidating the paramedics; two, it also means the paramedics remained professional while White was intimidating them.

White stated in another Journal article (read it here), “I’m further grateful that the IRO found there was not ‘one piece of evidence’ that I tried to ‘influence anyone or try to cover-up the circumstances surrounding the accident.’ ” This is from a man who claims that he is a 16 year law enforcement officer. When the IRO’s investigation showed the paramedics stated “they were intimidated by White’s presence at the scene…” That is clearly more than “one piece of evidence” that clearly shows that he abused his position of power over them. That is evidence! Did the IRO question APD’s chain of command including Schultz to see if White contacted them in an effort to cover up this incident? Did the IRO seize phone records, text messages, emails etc…? The Eye believes since the IRO is not law enforcement and has no criminal investigational experience, he missed many pieces of evidence. The “White lies” never seem to end. The public does pay attention and realizes when someone is lying.

We here at the Eye know that White and Deaton are friends. Based on that friendship, the IRO should have refused and recused himself from this investigation. Instead the IRO, an ex-Federal Judge who knows better; continues with the case. The IRO should know that he did not have jurisdiction over any City employees except sworn police officers. In the end, a criminal investigation will show clear improprieties in this one sided “I’m Darren’s friend” investigation.

The City needs an outside criminal investigation to save face at this point.

The Straw that Broke the Camels’ Back

The Eye has known about the alleged DUI involving Darren White’s wife for some time. We intentionally held back to prove a point. If the Eye broke the story, White and Schultz would have started the whole “Social Media Waa Waa” to distract from the truth of this alleged DUI crash. With all the blood in the water; we let the media piranhas’ feast first! This is clearly an abuse by a public official using his official position of authority over his subordinates. White showed up in official capacity in a city vehicle. Does anyone out there really think that any employee from APD or AFD was going to pursue a case against White’s wife when White was standing guard intimidating everyone for over 30 minutes making his official presence known and using that authoritative position to get his wife out of hot water?

The answer is no. Everyone wants to keep their job and no one wants to lose their pay check by pissing off the boss because his wife decided to crash her black Porsche, by her own admittance, popping pills. News flash, this is called DUI (Driving While Under the Influence).

Here is a short list of questions that need to be answered:

1. Why did White use “emergency equipment” to respond to his wife’s crash? This equipment is intended for first responders to save lives or for responders who are responding to a crisis or critical incident. White’s wife was being seen by medical professionals. There was no need for him to abuse his position or power.

2. Why did White feel it was okay to “butt in” while APD and AFD were in discharge of their official duties? Would you or Eye be allowed to approach the police or fire and interject our two cents? White openly abused his position and authority. He clearly intimidated subordinates under his care and control.

3. Why did White stay at the crash for thirty minutes intimidating personnel that are under his care and control? This one is easy; because he can! All fascism leaders are above the law. White committed several offenses and is now playing the “poor me” routine, I am just a good husband. Did anyone else notice that White was dressed down and not wearing a suit as he commonly does?

4. Why did White think that his vehicle that does not have any medical supplies, equipment or medical personnel was a better choice to transport his wife to an emergency facility? Maybe he wanted to get his wife away from the scene so law enforcement could not pursue a DUI case against her? White needs to publish his cell number so other celebrities can call him to get them out of hot water. Ron Bell; write this number down! Sorry Ron, you’re not Darren White’s wife; no free pass for you.

5. Why is it when others like Ron Bell take prescription drugs and drive, they are prosecuted to the fullest extent of the law and people like Darren White’s wife get a free ride and a get-out-of-jail-free card? White being a good husband has his priorities clear and he acted on those priorities; he got his wife out of a DUI crash with no charges at all.

6. Why was the urinalysis sample collected/conducted the following day on 07/07/11? Could it be to allow the drugs that Kathy White admitted to taking to metabolize and allow her body to naturally rid itself of the drugs? Can anyone else out there say; cover up?


Why did Schultz stand there and lie? Schultz was a DWI sergeant and knows the truth about DUI and what probable cause is required. Schultz stated, “There were no signs of drugs or alcohol.” According to the Journal, “Kathleen White told APD officers she was on two types of prescription medications for ‘anxiety,’ according to the police report.” The Journal also stated, “Schultz said no DWI investigation was conducted because it appears there wouldn’t have been probable cause to do so.”

One of the symptomatology that should be looked for during a DUI crash investigation is the admittance of use of drugs. Kathleen White admitted to the consumption of prescription drugs. Another symptom of DUI is the admittance of impairment. Kathleen White stated that she had blurred vision. The AFD report stated she had trouble standing. Proof of impairment, she crashed her black Porsche into a curb. There you go Schultz; there is your probable cause. You lied Schultz; shame on you.

The law states that DUI is driving while under the influence of drugs or alcohol which affects a person’s ability to safely operate a motor vehicle to the slightest degree. Kathleen White crashed into a curb. This is impairment far beyond the “slightest degree.”

The Journal also quoted White as stating, “People are using my wife’s medical condition for cheap political attacks.” During a news conference what said, “I don’t know who’s making these allegations, but I have done nothing wrong. Unfortunately, because of these attacks, my wife and I have had to make a decision to provide media with her personal medical records, which is something we should never have to do.” White is making a fool of himself and should know better than to use words such as “never.” The word clearly implies never and there is no ambiguity. Yet White can play his “poor me” routine and use the word never and then do what he claimes he “never” would do. This is an oxymoronic statement.

According to the Albuquerque Journal (read it here), “she (Kathleen White) tested negative for numerous prescription and illegal drugs.” Hit the brakes, this is an inaccurate statement. What is the tolerance level that is set for these tests by Tri-core? All companies, including the City of Albuquerque have certain levels set. If there are drugs present but it does not exceed the “tolerance levels” the laboratory will not report it. It will show as testing “negative.” Did you hear Darren’s pet Schultzie discriminate this crucial information?

Gov. Martinez, the Eye warned you about White, his lying and his abuse of power. Is Darren White still the best choice for the Judicial Standards Commission? White is going to pull you down along with Berry.

One of our Eyes told us about the big meeting that Schultz and White called for with APD’s supervisory staff. White told the staff that integrity was everything to him. Where is White’s integrity?

Berry has called for an independant investigation into this matter. The problem is, we all know that when it comes to Mister White lies, any wrong doing on White's part will be "White washed!"

Darren White has drawn “the straw that broke the camel’s back.” It is time for White, Schultz and their lying ways to leave our city. The republicans need to clean house and put the trash out at the curb.

The item below was added 07/13/2011 @ 1458hrs

Listen to the 911 call here.

Letters to The Eye: Albuquerque Firefighters Deserve to be Heard

As most reader know, we've been critical of IAFF 244 Union President Diego Arencon. Unions are not all that different than governments in that they have the power of coercion when it comes to taxes or dues. How they use those funds are extremely important to those they represent.

We recently received a letter from Firefighter and Union Steward Matt Blanchfield seeking to correct an article published in the Albuquerque Journal. As you can see from our forums, it's our policy to put all of the information out there (along with our humble opinion) and let our readers decide and even mix it up.

Albuquerque Firefighters Deserve to be Heard
by Matt Blanchfield, IAFF 244 Steward

I am writing to address facts missed by the Albuquerque Journal in it’s front page article on Monday, January 28th, 2010 and other articles run by the Journal recently about Mr. Diego Arencon, the President of IAFF Local 244. IAFF Local 244 is the union which represents all but one of the firefighters in the Albuquerque Fire Department and all but one of the firefighters in the Bernalillo County Fire Department. It is my hope that the Journal will publish this letter in the spirit of fairness to fully inform the residents of Albuquerque.

I will begin with a quote from Monday’s article, ”The union took the matter to court after Berry objected to the higher salary.” This statement is absolutely not true. The prohibited practice suit Filed by IAFF Local 244 was filed prior to Mr. Arencon having confirmation that his pay was going to be reduced in violation of the current memorandum of understanding or MOU with the city.

IAFF Local 244 filed a prohibited practice suit in Bernalillo County District Court when Mr. Diego Arencon was ordered to report to Fire Administration for assignments to be determined by the Albuquerque Fire Chief, which would not include conducting union business 40 hours per week. Removing the president of IAFF Local 244 from his daily union duties was in direct violation of the long standing practice of city bargaining unit president’s working full time on union business and our current contract. Our current contract states in plain english, “To develop a more cohesive relationship between the Union and the Albuquerque Fire Department ,upon request of the Union President, to place the Union President on a 40 hour work week for union business.” I was present when the information was first given by the Albuquerque Fire Department administration to Mr. Arencon that Mr. Arencon was to have has his ability to conduct union business while on duty removed. It is my opinion, that AFD Administration had no desire for Mr. Arencon to be removed from his long standing union duties, but that decision was not theirs to make. The decision to remove Mr. Arencon from his contractually agreed upon right to conduct union business came from the Mayor’s office.

IAFF Local 244 filed the prohibited practice suit to stop the Mayor’s Office from hobbling our union by inhibiting our ability to conduct day to day business. The city contended that it believed a bargaining unit president receiving his or her regular salary to perform union business was in violation of New Mexico statute. So my question is this, if that is the case why was only AFD’s union president ordered to stop conducting union business while the other union presidents employed by the city continued business as usual? If the Mayor’s Office believed it was against state statute for union presidents to receive their regular pay while conducting union business shouldn’t the Mayor’s Office have ordered all their employees to cease such activities?

The Mayor’s office was attempting to test the waters to see how far they could push IAFF Local 244 by effectively removing AFD’s union president from his ability to represent the union. The Mayor’s Office has attempted to combine the issues of the contractual right of IAFF Local 244’s union president to conduct business with the publicly unpopular idea of paying a union president in excess of his or her regular salary to conduct union business. These are two entirely separate legal issues. It is just a devious strategy on a part of the Mayor’s office to combine the two issues. The city is attempted to conceal their real motives, which are to weaken the city unions. If the city had succeeded in it’s effort to take away IAFF Local 244 president's contractual right to conduct union business while on duty, they would undoubtedly have done the same with the other city union’s presidents.

The Journal also failed to report that Mr. Arencon volunteered to give up his additional pay and the city refused his offer. Instead the city insisted on attempting to get a ruling that it was against state statute for Mr. Arencon to conduct union business even without his additional pay. Albuquerque tax payers would have appreciated knowing that information. And what happened during the hearing? Judge Baca found no discrepancy between New Mexico statutes with union presidents doing union business while receiving their regular pay.

Union business is city business and the city benefits from union business. The Mayor, the CAO, Darren White, the Chiefs of both AFD and APD, the heads of every department and all city managers conduct business with city unions everyday. By the city’s argument all of the before listed individuals would be in violation of state statute when they received their regular pay while addressing any business having to do with unions. The city obviously did not think that to be the case.

IAFF Local 244 members work for the community on and off duty. Our members recently stood with the community in front of the City Council, all of them off duty, to work towards getting a new paramedic rescue unit added to District 8. IAFF Local 244 helps keep city employees safe by assisting the city maintain a safe work environment and assuring safety equipment is provided and kept up to national standards. IAFF Local 244 members sit on the Albuquerque Fire Department Safety, EMS, Accident Review and various other committees helping the department meet all of it’s goals. One of our members was on television just last night receiving recognition from the Mayor for saving the city two hundred and fifty thousand dollars annually!

The city’s unions insure fair representation to city employees, due process, good benefits, fair wages and much more. IAFF Local 244 members coach and sponsor children’s teams in Albuquerque, volunteer their time, found organizations such as Random Acts. This organization provides amazing community services on their own time and with their own money. The contributions made to the City of Albuquerque by the men and women who belong to unions and work for the City of Albuquerque are huge. The City of Albuquerque is the largest employer in Albuquerque. The city’s unions help the economy which could never be more important than now. Five thousand employees making good wages and having job security contribute a tremendous amount of financial stimulation to the local economy.

The Journal seems to be of the opinion that Mr. Arencon and our former Mayor, Martin Chavez had some sort of secret relationship that was contrary to the best interests of the City of Albuquerque. This assumption could not be farther from the truth. During the years that Mayor Chavez and Mr. Arencon worked together there was not one single issue which came before the local or state labor boards, or before a court; Not one! This absence of expensive litigation is unheard of with a union the size of IAFF Local 244. Mayor Chavez understood that the City of Albuquerque is it’s people, and more than five thousand of it’s people are city employees. Mayor Chavez also understood that he could accomplish a better working relationship with the city’s employees by bargaining in good faith with their unions. Mayor Chavez experienced that by bargaining in good faith with the city’s unions that the city’s employees desired to work with the city on any issue. During the former administration when there were issues that needed to be dealt with, city management and IAFF Local 244 sat down and honestly and openly hammered things out. It appears those days are over.

Since coming into office, Mayor Berry has contracted with Management Associates. Inc. I would like to ask the residents of Albuquerque if they have any idea what Management Associates, Inc. is. I am willing to bet that there are sitting City Councilors who don’t know either. Management Associates, Inc. is a firm known around the State of New Mexico as being an anti-labor, union busting firm. Mayor Berry has contracted with this firm to “negotiate” with the city’s unions and to advise his administration. The residents of Albuquerque don’t know about this because the Mayor has been giving interviews for television telling the people of Albuquerque he wants to sit with the leaders of the city unions and ask us for our ideas on how to address the City’s budget problems. He must have just forgotten to mention that he had already contracted with the most anti-union organization in the state to “discuss” our ideas. The Mayor also didn’t mention that his CAO has canceled multiple meetings with Mr. Arencon. Mr. Arencon has made multiple appointments to do exactly what Mayor Berry stated he wanted to do with the unions, sit down with us and discuss solutions for the city’s financial short falls. IAFF Local 244 wants to work with the city to address the needs of the city, the fire department and union members. The city has thus far refused to meet with IAFF Local 244, but that is not what Mayor Berry is telling the public.

Mayor Berry also failed to mention that he contracted with Management Associates, Inc. for $55,000, which is the limit the Mayor is allow to spend without the City Council’s approval. When Management Associates, Inc. has burned through $55,000 of the city’s money, the Mayor may extend another $20,000 of city funds without the Council's approval. Is that fact something the Mayor desires to keep secret? Management Associates, Inc. has no vested interest in the City of Albuquerque and the unions working together to solve Albuquerque’s budgetary problems. The opposite is in Management Associates’s, Inc’s. self interest. They make money when management and labor fight and that is exactly what they have accomplished in two short months after many many years of positive relations between management and labor in the Albuquerque Fire Department. IAFF Local 244 has never distrusted City Hall more than now. This atmosphere of mistrust is a detriment to the residents of Albuquerque.

I can assure the residents of Albuquerque that the administration of the Albuquerque Fire Department and the Executive Board of IAFF Local 244 want to work together. We are brother fire fighters. We have risked our lives together to protect the residents of Albuquerque. All of us want nothing more than to expand on the excellence of the Albuquerque Fire Department, to better serve the residents of Albuquerque and to be good fire fighters. Chief Breen and every Deputy Chief in AFD were members in good standing in IAFF Local 244 prior to being appointed to their current positions. Actually, one Deputy Chief was an Executive Board member. The unions problem is not with the administration of the Albuquerque Fire Department. IAFF Local 244’s problem is with City Hall and even more specifically with Management Associates, Inc.

The public should also know that since the new administration has taken office, every single workers comp claim filed by an Albuquerque firefighter has been denied. One was denied to a firefighter after being approved by the former administration. Albuquerque is self insured which means the City of Albuquerque approves or denies it’s own workers comp claims. One of our brothers was burned in a house fire this past week. I wonder if the City of Albuquerque will deny his claim? Maybe not after this article! Is this one of the new Mayor’s ideas as to how to balance the budget, by denying the workers comp claims of firefighters? How are we supposed to react to this kind of outrageous situation? What am I supposed to tell my brother and sister firefighters when the physical injuries they sustain on the job are summarily denied after a new administration takes office? What would you think if you were in our shoes? How much would you trust your boss if he was on television saying he wanted to work with you while his people refused to meet with you or even answer your calls, if he contracted with the most well know anti union firm in the state, if he removed the leader of you organization and misled the public as to why he had done so, if he had denied your friend’s medical claims for injuries they received while serving their community? What would you do?

What I did was write this letter to ask for your help. Mayors come and go. The Albuquerque Fire Department has been here one hundred and ten years! The men and women of the Albuquerque Fire Department will respond to your emergencies no matter what the Mayor’s office and Management Associates, Inc. does to us. I ask you to call City Hall and to call your City Councilor to demand that the city use city employees to manage the city. City administration should work with the city’s unions not a legal team who profits from turning our unions against the Mayor. The damage already done with the advise of Management Associates, Inc. is grave. Continuing to do business with Management Associates, Inc. is not the way to handle labor relations within the City of Albuquerque.

I also ask the Journal to give IAFF Local 244 the opportunity present our side of things when it comes to the current and on going struggles between the Mayor’s Office and labor. By doing so the public will be far better informed.

----- Post Script -----

For the record, we don't agree with Albuquerque taxpayers paying for a full-time employee of the union and we never agreed with Mr. Arencon's uber-pay deal cut with Marty Chavez. No other union president receives similar treatment and the position isn't supposed to be full-time.

Be that as it may, yesterday a judge ruled in favor of both parties who subsequently declared their individual victories. Mayor Berry got the money and President Arencon got the time.

The president of Albuquerque's firefighter union isn't entitled to a higher salary because of his role as a union leader, according to a decision issued this week by state District Judge Theresa Baca.

Instead, the president, Diego Arencón, should be paid according to his regular rank as a firefighter first class. The ruling changes his salary from about $81,000 a year to roughly $49,000.

Baca's ruling also says the city must permit Arencón to devote his full 40-hour weekly schedule to union business, as called for in the firefighters' union contract.

- ABQ Journal (Subscription)

On point lost in all of this is that the IAFF 244 president doesn't just represent firefighters in the city, but also those in the county. Yet the city is footing the bill for a full-time union president whose benefits are shared by the county.

Going Green - Drowning in Red

Mayor Marty has been touting his Albuquerque Green initiative for sometime (AlbuquerqueGreen.com). He's even received an award for his efforts.

[T]he conference announced that the mayors of Albuquerque, N.M., and Fayetteville, Ark., had won first place honors in this year's Mayors' Climate Protection Awards Program.

The awards honor mayors for measures to curb global warming and increase energy efficiency. Albuquerque Mayor Martin Chavez was recognized for shepherding a city program that promotes "green-tech'' companies, use of bicycles and purchase of cleaner city vehicles. The program has caused an overall reduction of city greenhouse gas emissions by 67 percent since 2000.

-ABQ Journal (Subscription)

Of course it didn't take too long for the Journal to expose the Mayor's greenhouse gas reduction claims as, well... gas.

It is a claim every Albuquerque resident who cares about global warming could be proud of: Since 1990, city residents have cut their greenhouse gas emissions by 6 percent.

It is also untrue.

-ABQ Journal (Subscription)

It sure looks like The Almighty Alcalde pulled the wool over the Conference of Mayors and the Governator himself back in June of last year when he sold them on a 67% greenhouse gas reduction since 2000. You'd think that there would be some modification in the mayor's approach in light of the less than stellar results of his green scheme and the city's looming budget crisis.

The city is continuing to purchase a new fleet of vehicles that are designed to reduce greenhouse gases and reduce our dependence on foreign oil. In fact, you may have noticed that APD sergeants are driving brand new E85 Tahoes. These new Tahoes are designed by General Motors to run on both E85 and regular gas.

E85 is a blend of 85% ethanol and 15% gasoline. So what's the problem? A Tahoe running regular unleaded gasoline gets about 13 MPG in the city - running E85, the same vehicle gets about 9 MPG. In other words, E85 vehicles are about 69% as efficient as their gas powered counterparts.
In New Mexico, ethanol costs about 13% less per gallon than gasoline (E85prices.com). Comparing apples to apples, we're paying somewhere in the neighborhood of 18% more for E85 than we would for the same vehicle to burn gas. Many of you are thinking that you're willing to pay more to save the environment and combat global warming.

(Sidebar)
Have you notice that global warming has now become "climate change?" As if adherents to the consensus hadn't already blamed both warmer and cooler temperatures on global warming they've now begun to call global warming "climate change." We wonder if it has anything to do with the fact that this year has been one of the worst and coldest winters in a long time.

"Change" works either way and you don't get caught having to defend "warming" while record snows fall in the Midwest. You really don't need any more proof that "global warming" is a political movement not a scientific one than their willingness to change the name when it no longer fits the circumstances.
(End Sidebar)

The problem with saving the world for a mere 20% surcharge paid by the city is that we supply that premium with our tax dollars and it gets worse. Ethanol is subsidized by the government to the tune of $1.05 to $1.38 a gallon and it takes 1,700 gallons of water to produce that one gallon of ethanol. More importantly for those who are convinced that reducing greenhouse gas by reducing the amount of fossil fuels consumed, it takes over a gallon of fossil fuel to produce a gallon of ethanol (Townhall.com).

There are other consequences to Marty's march toward the green - our Eyes tell us it's having a direct impact on our safety. E85 isn't available everywhere and officers are forced to buy it rather than regular gasoline - that means more time out of service due to availability and the increase in consumption.

To reduce consumption (and we suspect cost), officers are now being told to turn off their engines when they're on a call. The problem here is that they can't turn off the equipment and radios that rely on the vehicles for power. Turn off the engine, kill the battery. The vehicle and its officer are out of service.

(Sidebar)
Our Eyes tell us that officers may want to take a look at page 46 of their new contract. It addresses the issue of take home vehicles. In short, the Chief of Police can take away all take home vehicles simply by notifying the union. Forty-five days later you're driving to work, even in emergency situations.
(End Sidebar)

AFD has switched to biodiesel in its fire engines. Like E85, biodiesel isn't readily available which requires engines to be out of service for an extended period of time. In addition, the engines weren't designed to run on biodiesel so the long term effects on the equipment aren't known.

In both of these cases the monetary consequences are obvious. But the more important consequence is the danger that the out of service vehicles place all of us in. How long will it be until someone loses their life because it's time for an officer to refill, or an engine needs more biodiesel? Or... has it already happened?