Zane Prevails!!

On May 12, 2012 we reported how City of Albuquerque CAO Rob Perry had terminated contract employment with nationally respected hearing officer Zane Reeves because of a recent finding Dr. Reeves had made in a case before him. (Reread the story here:http://eyeonalbuquerque.blogspot.com/2012/05/city-does-insane-to-zane.html)

You see, Mr. Perry was upset that Dr. Reeves had held the city to task for unjustly terminating then APD Officer Russell Perea. While many presume Mr. Perea covered for former officer Levi Chavez during the night of Tera Chavez's death, APD failed to prove in Mr. Perea's termination hearing that he did anything to justify his firing from APD. The primary reason the city offered for Mr. Perea's termination was that he was "unforthcoming" as APD's current Chief, and then Deputy Chief and the one responsible for Mr. Perea's termination, put it. Unforthcoming.

Well, yesterday the honorable 2nd Judicial District Court Judge Shannon Bacon found the city unforthcoming in their reasons to appeal Mr. Perea's reinstatement as ordered by the city's own Personnel Board. Where the city stated Dr. Reeves was "arbitrary and capricious," Judge Bacon found the city's own reasoning "specious." That's another way of saying the city was wrong. In fact, and even more directly, Judge Bacon wrote:

"The Court has reviewed the transcript of all three hearings—including those portions the City cites in support of its claim—and finds the City’s claim that the hearing officer acted arbitrarily is unfounded."

Where the city said Dr. Reeves considered evidence not part of the case, Judge Bacon pondered the city's reasoning when the city itself, through Kathy Levy's cohort Rebecca Wardlaw, raised the link between Mr. Perea and Mr. Chavez.

In short, Judge Bacon denied the city's appeal of the Personnel Board's order to reinstate Mr. Perea and she flat out rejected the Ms. Wardlaw's pathetic arguments that Dr. Reeves acted in an arbitrary and capricious manner. In closing, Judge Bacon ordered:

"The Court concludes: (1) the Hearing Officer’s determination is supported by substantial evidence; (2) the Hearing Officer did not act arbitrarily or capriciously; (3) the Board did not act arbitrarily or capriciously; and (4) the City has failed to demonstrate grounds for reversal. Accordingly, the decision of the City Personnel Board is AFFIRMED."

We at the Eye would like to remind our readers that the mess that will unfold because of the city's inept and illegal actions are the result of decisions made by none other than, yup the city's highest paid employee: Rob Perry.  One would think the city's CAO would know a little about contract law. Ooops, our bad.

None of this should really be surprising because if you recall, during this hearing we got a taste of the future as then DCOP Allen Banks was caught being untruthful while giving testimony under oath.  Here is an audio clip with "lowlights" from the Perea hearing:

http://www.youtube.com/watch?v=K5CaJaQ61tw

In it you can also hear the poor and incompetent testimony by then DCOP Paul "Crime Scene Tampering Expert" Feist and Commander Doug "Baby Huey" West.

Folks, this is but one of many chickens that are coming home to roost. Get ready for many more....  The Eye wishes to extend a hearty congratulations to Dr. Reeves for vindication from the city and Rob Perry's despicable acts. We wish him well it whatever course of action he pursues against Mr. Perry.

UPDATE

 Thanks to one of our Eyes.....It seems back when Perry terminated Dr. Reeves's contract, he made the following statement to KRQE: "We think its basically in the city's best interest this time to terminate the contract and proceed with future personnel hearings with a different personnel officer. “We have to be assured there is an absolutely fair and neutral process in place. I’m not asking for a stacked deck, but I’m certainly asking – and the citizens expect – a fair one.”

Dr. Reeves was already scheduled to hear former APD officer Rob Woolever's appeal of his termination. As Judge Bacon confirmed in her ruling yesterday, the city's appeal was unfounded and had no merit. In other words Perry was wrong again. This entire fiasco rests upon the decision personally made by Rob Perry. Please tell us Mr. Perry how unlawfully terminating a contract involving a nationally respected hearing officer is in the city's best interest? Please tell us how intimidating other hearing officers who are sworn to be objective and are quasi-judicial personnel is in the city's best interest? Please tell us how actions such as this and the endless other justify your existence as an employee nevermind your disgusting raise of $33,000?

APD Implosion: Outgoing APD Chief Schultz gives excuses interview

Yesterday all the major news stations reported about the termination of a female APD officer who allegedly had ties to the Eye On Albuquerque. REALLY? This is what APD is concerned about; a small time public opinion blog like the Eye On Albuquerque?

APD is not concerned with the many murdered women dug up on the Westside? All the police officer involved shootings? Manning levels down below 800 when the city is authorized 1,100? A department entrenched with infidelity? A former officer on trial for murder? A Chief of Police who lied to a United States Federal District Court? A newly appointed Interim Chief who was caught lying during a termination hearing? Small children dying in hot cars left unattended? How about the police officer we were told about yesterday who killed himself??The list goes on and on. But APD is not concerned with any of these issues; they are putting all their efforts into a person who may have exercised her First Amendment Rights.

According to Schultz, “It can be a very destructive tool. And when I say destructive, is when you challenge the credibility and the impartialness required of being a police officer.” If this is true, the most “destructive tool” has been Schultz. He lost all his credibility and impartialness when he lied in the Sam Costales case. This all amounts to just another excuse by Schultz to be a monster; a bully to a female officer.

What about transparency? If APD, the City of Albuquerque and Mayor Berry told the truth; the Eye On Albuquerque would not exist.  Due to the lies and cover-ups, the Eye On Albuquerque is thriving. Perhaps if Perry, Berry and Schultz were honest and up-front about City business; there would be no need for the Eye On Albuquerque.

What ever happened to First Amendment Rights?  Freedom of Speech? When a government and/or its’ agent tries to abridge the speech of a person or the people because it hurt their feelings it is simply wrong.

Why was this female officer terminated? What APD is accusing her of is not illegal and does not Per se violate APD’s social media policy as pointed out by the media. Was APD accusing this female officer of lying? Then the question becomes, what ever happened to Schultz’s new policy that makes it okay to lie? It must be nice to fire anyone who has a mind of their own just because you got your feelings hurt.

SIDEBAR

Ironically; Interim Chief Alan Banks personally called one of the Mayoral Candidates (Paul Heh’s) campaign workers and asked this worker to surrender a computer to him because he thought she had ties to the Eye On Albuquerque. Targeting civilians and now their own employees? Why would a Deputy Chief of Police of one of the Nation’s largest police departments personally try to steal a computer that belongs to the Heh campaign? Why would a deputy chief abuse his position and authority? Now a female officer is terminated during a politically charged year.  Why all the fanfare? Is it because the Eye On Albuquerque is supporting Heh for Mayor? Are these acts the independent acts of APD or have they been given marching orders by Mayor Berry who is headed to a run-off and eventually the loss of his position as mayor?

END SIDEBAR

The hypocrisy, nepotism, ignorance and fascism of APD’s upper echelon are disgusting. If the rules that APD has in place were followed none of the people at the top of APD would be there, including Schultz. “Do as I say; not as I do.”  And Schultz is wondering why Berry told him to leave?

The cure for APD is simple: True leadership is desperately needed at the top of APD. Leadership 101, check your ego in at the door. A police department that is run by one who acts childish is a recipe for ruining “the organization” and APD is proof of that. Be honest and tell the truth.  Give the facts as they are known. Stop lying!

Schultz is trying frantically to “get even” with everyone before he leaves like a disgruntled child on the playground. If Schultz would have looked in the mirror and realized he had become a tyrant, his time with APD would not have been filled with controversy but a legacy of an honest man who gave it his all. Schultz hit the destruct button a long time ago and the implosion started. Hopefully the new chief will have the knowledge, skills, ability and other attributes to lead APD out of the hell hole it is in now.  Currently, the only blessing is Schultz will be gone shortly.

Our apologies to our readers but this issue had to be addressed now.  Part three of our five part Expose will continue tomorrow.