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. 

City Leaders prefer to blow your Tax Dollars: Berry MIA, as usual

The leaders of Albuquerque seem to be living in upside-down-land. Not only in how they spend our money, but in how they address challenges on the street…

Faced with spending about $10,000 compared to more than $500,000, the Albuquerque City Council openly revealed how they could care less about citizen tax dollars. A citizen initiated ordinance which would change the “viability” date of late term abortions from 24 weeks to 20 weeks, is prepared to go to the voters. But instead doing what they have the power to do and include the measure on October’s city ballot, city councilor’s are instead desiring to have a special election for the matter. At issue are to matters:

1) Can the city council approve an election resolution

2) Can city clerk Amy Bailey certify the 12,000 or so signatures of the approximately 28,000 turned into her by September?

Costs for a special election are anticipated to run between $500,000-700,000. But why spend $10,000 when you can spend over half-million?! Instead of moving forward with the necessary resolution and offering to supplement Amy Bailey’s staff to certify the necessary signatures by hiring people, the members of Albuquerque’s city council want to bilk tax payers for the cost of the special election. While they had no problem looking the other way on a “consulting fee” of $10,000/per month for recently departed chief of police Ray Schultz, city councilors can’t seem to assign a few people for $20/per hour to help count signatures. How many community centers could stay open a few extra hours each day if the council used that money for our kids?

But this kind of upside down thinking shouldn’t surprise us. Even though the current mayor, RJ Berry is supposed to be a “businessman” (we thought that meant making and saving money not wasting it…) under his administration, APD has shrunk and not grown. At latest report there are approximately 853 sworn officers. And his approach to dealing with crime in the city is also the inverse of what needs to be done. Instead of dealing with it, he hides from it then says it doesn’t exist.
Under Berry, gang violence has increased and now there are midday shootouts where recent gang violence spilled up to 70 bullets into the streets in gun fight last Sunday afternoon (Here: http://www.krqe.com/dpp/news/local/central/1-dead-1-arrested-in-benefit-shooting). This didn’t happen in some remote section of the “International District” or some destitute area of the South Valley, but in the busy intersection of Menaul NW & 4^th NW. But because of officer scarcity no dayshift officers responded to the call nor swingshift officers. Only an off-duty sergeant who was headed into work but whose shift wasn’t to start for another half hour.

When asked about this mess and the lack of officers, newly pressed APD Chief Allen Banks openly stated to City Councilor Ken Sanchez that APD’s Gang Unit has not been disbanded but merely “dispersed.” (By the way, even KRQE anticipated gang violence weeks ago: http://www.krqe.com/dpp/news/on_assignment/biker-gangs-moving-into-new-mexico and we at the Eye called it months ago)

Like STD’s the legacy of disgraced former Public Safety Director Darren White continues to give. Just recently the city settled a high profile case where he encouraged aggressive action on citizens back in 2010. In the fabled “4^th Street Mall” case, we got to see how litigation rich targets, also known as Leah Kelly and Jennifer Jara, pushed their badge around on citizens not violating any crime. (Here: http://www.krqe.com/dpp/news/central/city-settles-with-man-arrested-for-feeding-homeless.) And this is the second case in this incident that the city settled with the total tab running to about $100,000. The conduct of officer in this incident is really beyond comprehension. We’ll let you see this for yourself: http://www.youtube.com/watch?v=5I9RhVaW72E.But hey, when Public Safety Director Darren White says the gloves are off, he means it!

This is the same Leah Kelly who would be involved in a shooting a few months later which has yet to fully litigated. Will the city settle this one also or will they take it to court and risk another $10 Million? Given that the target of the shooting was found to have not committed any crimes and Kelly has, well, an endless discipline and complaint history we expect there to be a lot of fireworks in this mess. We'd like to see the lawyers involved in this matter grill White as to what personal liability does he have Kelly's actions against her victim/target. By failing to discipline Kelly and Jara for their behavior on the 4th Street Mall did he encourage and incite such aggressive behavior? If not for White's inaction to appropriately discipline Kelly and Jara did they not feel they were untouchable and fully empowered to go on their own shooting rampage?

The point is folks, just when we thought things couldn’t get worse, well they are. Then there is the matter of some discriminatory practices involving what is known as “The Kirk” (a predominately black neighborhood) that we at the Eye have uncovered.  We’ll leave that for next week though….

 

 

WHY CAN’T ANY TOP LEVEL PERSON AT THE CITY JUST DO THEIR JOB?

Working for the City has to be fairly simple. They train you, place you on OJT, give you directives, SOP’s, Policy and Procedural manual’s, training on legal and civil issues and the City gives you copies of the City Merit Ordinance.  Now armed with all that, why is it there are not one top level personnel who can simply do their job?

Let’s take for example the issue of the minimum wage and a local restaurant’s refusal to pay the higher wages that Channel 7 News reported on (Read it HERE).  The City council is demanding action. According to City Attorney, David Tourek, “…people who aren’t getting paid what they’re due hire private attorneys or call legal aid.” According to Berry who tried adamantly to avoid the issue and stated, “he believes the ordinance doesn’t have enough teeth and is difficult to enforce.”  Apparently someone (probably Berry) signed off on the law and which was sufficient then but now Berry states, “He is calling on councilors to craft new language.”  Wasn’t Berry a State Rep. before?  He should know how the language should read on an ordinance law.

What is going on? City Council is demanding one thing, the City Attorney, David Tourek, wants to dump it on private attorneys, Berry tried to avoid it all together, but when all else failed is blaming the Council. Now, “business owners are worried about the city sending mixed messages.”

Why doesn’t Berry tell the truth, he approved of the ordinance till now and since the public has placed pressure on him; now he is playing the “blame game.”  Why doesn’t Berry take responsibility for anything and own up to it? He wanted the job, why isn’t he responsible and accountable? Why hasn’t he earned his pay?

According to Tourek, “We cannot represent private people on a large scale.”  The sky is not falling, this is one case not a thousand.  Oddly enough, Tourek received a substantial amount of pay from the City of Albuquerque. Why does Tourek tell the truth; he is too lazy.

What we are saying is, Berry and Tourek are lazy and are refusing to do their jobs. Corruption starts at the top and trickles its way down.  This explains Tourek’s elitist attitude and the lousy management of other departments such as APD.  They see Mayor Berry slacking and clearly showing his staff that he does not care.  This is a learned behavior and they learned to be lazy and avoid responsibility and accountability from Berry. 

Speaking of lazy, lack of responsibility and accountability; Schultz sat in for a bit during the Ken Ellis III trial today and listened to how his incompetence is shining through.  We here at the Eye anticipate a huge award (unprecedented) in this case that will cause shock and deplete the City’s reserves.  The Ellis case is ONLY the second case in the U.S. history where a judge has granted a summary judgment of "excessive force" from the bench without a full trail.  By Berry retaining Schultz for all these years is a vote of approval from Berry on Schultz’s reckless behavior in how he has ruined and run APD into the trenches of hell and liability.  Berry will be forced to get rid of Schultz but this is clearly too little; way too late. Berry owns this mess and his Chief Schultz; vicarious liability has sunk its' fangs into the City. of Albuquerque.

Thanks Berry and Schultz. You two have ruined this City single handed.

VOTE BERRY AND HIS CRONIES OUT.

IRO William Deaton Gets a Vote of No Trust from City Council

The Albuquerque City Council voted unanimously on Monday night to have the IG (Inspector General) Office investigate the incident and circumstances involving former Public Safety Director, Darren White. White stands accused of several administrative violations and a long list of crimes ranging from impersonating a police officer to conspiracy to cover up his wife’s alleged DUI crash. The City Council voiced concerns that Deaton did not have the authority to conduct an investigation on non-sworn officer. Deaton’s findings were released on Friday, July 29, 2011.

The City Council’s vote to have the IG’s Office investigate is clearly a vote of “no trust” for Deaton. Immediately after releasing the report Deaton fled the country. Deaton knew before hand several facts; first, he did not have any subpoena powers, two, he knew that he had a personal and on-going friendship with White, and third, he knew the IG’s Office does have the investigative abilities with legitimate subpoena powers. The Eye sees Darren White bouncing and heading to Suffern, New York to “visit” family “again” now that he is in hot water again. The jester’s court of Berry’s fools has all the makings of a movie. Why would Deaton take off, to avoid being questioned about his poor shoddy investigation?

Deaton knew he did not have authority and should have refused to handle the case. Perhaps former Judge Deaton could have directed the City in the correct direction? According to the redacted report by Deaton, White was never interviewed, why? If White was interviewed, why was he not asked about the criminal allegations? If Deaton did interview White and failed to ask the important and relevant questions, doesn’t that make Deaton and his office guilty of conspiracy and a minimum of misfeasance, but more than likely malfeasance of duty? White was the cause of the investigation, he was at the center of the investigation and he was the primary target of the investigation. Now, how is it possible to clear everyone including White of wrong doing without interviewing the target? And if he was interviewed, how come none of the relevant questions asked, show any facts? On the other hand, how is it that Deaton dumped everything on Senior Officer Walck and then fled the country?

Deaton had a personal vendetta against Walck as did Chief Schultz. Both Deaton and Schultz appeared in Santa-Fe at the Law Enforcement Board several weeks ago in an attempt to have Walck decertified as a police officer on an un-related situation. The Law Enforcement Board in Santa-Fe refused to decertify Walck and unanimously voted in favor of Walck. This left both Deaton and Schultz angry and looking for anything to go after Walck in retaliation. They found their opportunity with Darren White’s blunders. Here again, when Deaton knew this case involved an officer that he held a personal vendetta against, Deaton should have refused to handle the case and recuse himself. Schultz knowing the situation should have voiced an objection if he had any integrity.

The Eye sees another huge settlement coming out of this case. The Eye is sure that Senior Officer Walck will welcome the big money but for the rest of us citizens paying out on incompetence, it is disheartening.

Deaton’s case is riddled with problems. For example; Schultz claimed there was no probable cause for a DUI investigation yet the IRO slams Walck for not conducting a DUI investigation. Does that mean that Deaton is calling Ray Schultz a liar? Deaton’s credibility has been ruined by his own actions and by the vote of no trust. The City should release Deaton from the City’s service. The person, who is chosen to replace Deaton, should be a credible person of good moral fabric.

Bravo to the City Council, especially the Honorable Ken Sanchez for stepping up to the plate and handling business!

Inquisition

If you watched the Albuquerque City Council for just about any amount of time during the trumped up "immigration debate," you were treated to an example of political grandstanding Albuquerque style. We're all used to this type of "debate" from Congress but the council's not usually quite as blatant in their pursuit of sound bites and political brownie points.

In Congress you can usually spot grandstanding when a senator or representative starts to question a witness, corporate executive, or bureaucrat with question like "don't you think that...?" Then follows those four words with a 10 minute speech about what the poor schelp testifying should be thinking.

Monday's little council melee' was an exercise in fear-mongering. Councilors Sanchez, Garduno, O'Malley and Benton were attempting to conjure up horrific images of citizens of Hispanic decent being dragged from their beds in the middle of the night to be handed over to ICE for interrogation and of victims of domestic violence who are here either legally or illegally being afraid to contact police because of a immigration status check.

The policy itself only applies to those who are arrested and taken into custody. Then it applies to everyone who is arrested regardless of race, creed, or color. Everyone is finger printed. Everyone is checked for immigration status. Just like everyone will be run through NCIC.

The fingerprinting policy alone could result in numerous arrests for outstanding warrants. The truth is most criminals tend to commit more than one crime. Those that have come here illegally have already committed a crime when they chose to ignore U.S. immigration law. How is checking immigration status any different than searching for wants and warrants?

Officers generally check to see if you're wanted for other crimes any time they make a stop. If you're speeding or your brake light is out, they're gonna check. The simple fact is - that information could save their life if they come into contact with someone suspected of a violent crime. Mayor Berry's new administrative policy won't go into effect unless and until a suspect is taken into custody.

[Sidebar]
Much of last night's debate involved whether or not the new "procedure" was a policy. Councilors Garduno and Sanchez were in a bit of a twist over the distinction. They claimed that if it was a "policy" then the city council should have been consulted.

The City of Albuquerque has a strong executive form of government. The mayor and his designees are charged with setting administrative policy. If the council wants to weigh-in they have the authority to do so through their charter granted legislative authority. Their efforts failed.
[End Sidebar]

As we've said before, Mayor Berry's new policy might have prevented the rape of a 6 year old girl. And oddly enough, Governor Bill Richardson agrees.

Gov. Bill Richardson on Monday told the New Mexico Children, Youth and Families Department to start reporting violent juvenile criminals who are foreign nationals to immigration authorities.

CYFD has not been reporting them to U.S. Immigration and Customs Enforcement since 2006, when Mary-Dale Bolson, then secretary of CYFD, suspended a state regulation requiring CYFD to do so, CYFD spokeswoman Romaine Serna said Monday.

But that regulation, which required CYFD to report all foreign nationals entering its system, was in place when Juan Gonzalez, a Mexican national who's now 20 years old, was accused in 2005 of raping a 6-year-old boy and molesting a 3-year-old girl.

(ABQ Journal - Subscription)

 Look... The idea that immigration should only be enforced at the border is an abrogation of responsibility. In fact it encourages illegal immigration by removing the threat of deportation if an illegal can just make it far enough into the country.

Monday night's council meeting reminded us of the Spanish Inquisition with Councilors Sanchez, Garduno, Benton, and O'Malley acting as Grand Inquisitors. All that was lacking was an order to tie Mayor Berry's representatives to a rock and throw them in Tingley Beach to see if they float. If they float, the policy's evil and can be burned at the stake. If they drown, then... well... oops.

Political Theater

Councilors Ken Sanchez and Rey Garduno are looking for their time in the political spotlight. The two have alerted the media that they plan to try and add Mayor Berry's new APD illegal immigration policy to tonight's council agenda. Their objective is to prevent the mayor from checking whether or not a criminal has already committed a crime by entering the country illegally.

In addition, the two intrepid councilors are proposing that the city join the few states, schools, and cities that are "boycotting" Arizona. Siding with Sanchez and Garduno is none other than Isaac Benton.

This isn't Benton's first foray into international affairs. Back in January of 2009, Benton characterized the Israeli conflict with Palestine as "genocide" (ABQ Journal - Subscription).

Look... Mayor Berry's new SOP, is no different than checking those who are arrested for wants and warrants. We'd argue that the policy doesn't quite go far enough, but the truth is Berry's policy could have prevented the rape of a six year old girl earlier this month.

Juan Gonzalez told police he has "problems touching little children" after he was arrested earlier this week on suspicion of sexually assaulting a 6-year-old girl at an Albuquerque gym, officials said.

Gonzalez, a 20-year-old Mexican national, was being held at the Metropolitan Detention Center late Thursday on a $200,000 cash-only bond, jail records show. He is charged with criminal sexual penetration, kidnapping and evidence tampering. 

- (ABQ Journal - Subscription)

Not all immigrants are criminals - not even illegal immigrants (except for that whole illegally being in the country thing). But what Sanchez, Garduno, and Benton are proposing is that police officers intentionally ignore the crime of entering the country illegally when performing a legal investigation.

This looks to us like a case of political "me toos" designed to garner support from a far left constituency. It certainly makes for good political theater, but in reality a majority the public wants a secure border and Mayor Berry's new policy is a step toward that goal.

A War on the Public

WAR! Screams the American Federation of State County and Municipal Employees. Apparently the union believes that its members will be irreparably harmed by Mayor Berry's proposal to cut city wages by a whopping 3%.

"Please understand that we are at war, a war of survival and a right to exist, and we will not go lightly into the night," [Andrew] Padilla wrote in a recent AFSCME newsletter. "Everyone must be prepared to assist the union in this most dire of situations."

- ABQ Journal (Subscription)

 Sounds a lot like a line from the movie "Independence Day." More importantly, the highly charged rhetoric is ill-advised and factually inaccurate. First and foremost, Mayor Berry is not challenging AFSCME's "right to exist." In point of fact, the union's existence isn't being challenged or threatened in the least, but rather public employees' ability to continue living as if the Great Recession didn't exist.

Three years ago, Albuquerque's unemployment rate was 3.4% according to Workforce Solutions. Now, the Albuquerque's unemployment stands at 9.2% (New Mexico Department of Workforce Solutions). In three years Albuquerque has gone from what is considered to be full employment to almost 10% unemployment. So what has been happening in the public sector workforce over the last 12 months?

Government added 1,100 new jobs for an increase of 1.3 percent. The lion’s share of the growth came from federal government, which was up 700. Local and state government gained 200 jobs each. Many of the new federal government jobs have come from the decennial census. 

- New Mexico Department of Workforce Solutions

Other winners during the current economic disaster are health care workers and you guessed it... teachers. Educational & Health Services added 600 jobs. Meanwhile, construction (-2,100); manufacturing (-1,500); professional & business services (-3,000); retail trade (-1,200); transportation, warehousing & utilities (-800); financial activities (-100); and miscellaneous other services (-200).

It's clear that the private sector has been hemorrhaging jobs while the public sector not only enjoys job stability but increases. Now, instead of being thankful for relative stability of their members' jobs - the organization charged with representing these lucky workers is marching to "WAR!"

Hmmm... we wonder just how well AFSCME's "war" will go over with the public when almost 1 in 10 of them are out there trying to find a job?

Like it or not, government workers do not create wealth. Government workers consume wealth created by others in the private sector. Each government job depends on the healthy existence of hundreds of private sector jobs. At a time when the private sector is shrinking, it's morally wrong and fiscally unsustainable to increase the burdens placed on a shrinking number of private sector workers and businesses.

They say it's wise to pick your battles. With 9.2% unemployment and 18 months of negative job growth, AFSCME is simply outnumbered. Mayor Berry and the City Council would do well to stand with the public that elected them and pass the mayor's proposed budget. This is a battle that AFSCME is unlikely to win in a "war" that should never be fought.

Dumbsticks

One of the more bizarre stories to hit the air this week was KOB TVs Monday story about Councilor Don Harris' pilfering of drummer David Garibaldi's drumsticks (see it here). According to the story, Harris left with his pilfered prize after inviting himself back to the band's dressing room prior to the Hispano Chamber's La Noche Encantada.

Garibaldi gave his tepid approval for the councilor to make off with the sticks but later was troubled enough by the encounter to write a scathing letter to every member of the Albuquerque City Council. KOB's story included a few excerpts from Garibaldi's letter, but we managed to get our Eyes on a complete copy of the missive.

Don,

David Garibaldi here. I'm the drummer with the Tower of Power,and we met Saturday evening at The Albuquerque Hispano Chamber of Commerce gathering. Ever since our meeting I was troubled by what transpired, so I thought I'd drop you a line and express my thoughts to you.
Just to recount the events surrounding our meeting...

Prior to our show, you and your son came into our dressing room without asking and introduced yourselves to me, our guitarist Jerry Cortez, and trumpet player Mic Gillette. You wanted your son to meet us, which we were more than happy to do. We spoke for a few minutes and you mentioned that you were a lawyer and a politician and that you played saxophone at one time, had studied music and when you began to play after graduating, you said music wasn't a very good life.

You expressed this to some folks who have been very successful musicians all their lives. I'm 63 years old and have been playing the drums since the age of 10, and a working musician since the age of 17. As a boy, my dream was to travel the world playing the drums...I'm living my dream. My work is well documented and my reputation speaks for itself.

After the show I again saw you and your son backstage, and you showed me a pair of drum sticks that you had taken off of my drum set. I was pretty surprised and said that your taking them wasn't a good idea. i didn't want to make a scene and allowed your son to keep them...you said something about not knowing what the "protocol" was. Then, in the dressing room in front of most of the band members, you asked me why that wasn't ok...I replied "because you didn't ask".

Again, I didn't want to make a scene and embarrass you in front of your son and said he could keep them, but in retrospect, I should have asked for the sticks back and said what I'm saying now. Our dressing room is our sanctuary before shows where we can relax and focus on our performance, so I wasn't expecting to have to deal with you in that way.

That "protocol" you mentioned isn't really protocol...it's my property, and you had no right whatsoever to to my property. You're a lawyer and should know this. Obviously, the rules don't apply to you. The dressing room was our private area, and you had no right to be there without permission. Again, I guess you thought because you're a city council member, you can go where you want, and take what you want. Sorry. You took my property without my permission, and thought it was ok. Your now son thinks it's ok too. Where did you get this idea that you could take what's mine without asking?

You came into our dressing room without an invitation, ate our food without asking, and also took my drumsticks without my permission as a prize for your son. Yes, it only a pair of drumsticks, but sir, they're my drumsticks and they mean something to me...they represent my life and all I've worked for.

I hope we don't meet again...you're what wrong with politicians today. You represent yourself and your own interests and definitely showed how little respect you have for what I do. You're not welcome at our shows. We've been doing this for 42 years, and are serious about our craft. We're also serious about the impression we leave behind.

Your bio says you studied the saxophone with the late Jackie McLean...one of the greats. I'm a fan of his and often listen to his recordings. You studied with someone who understood the tradition of the instrument and respected it. Based on your behavior, I wouldn't include him on your bio...if he knew what you were up to, he probably wouldn't approve of it.

It was an embarrassing moment, totally unacceptable and I have no recourse but to write you, and to Cc your colleagues on the city council, so they'll know what kind of person they're working with, if they don't already. If I knew any media people there in Albuquerque, I'd be including them here as well.

Aside from this, it was a tremendous event, staffed and attended by some very nice people...my compliments to a very professional Joe Bufalino and his crew for making us feel welcome.

Respectfully,

David Garibaldi
Drummer - Tower of Power

You really have to read the full letter to understand how strange Saturday's councilor meets drummer encounter really was. We don't know what the councilor was thinking but his spokesman - Councilor Ken Sanchez - told KOB that Harris would be sending the drumsticks back while Councilor Harris refused requests to go on camera.

Our bet is that for his service above and beyond the call of being president of the city council, Ken Sanchez will be owed a very important favor.

Impact Tax

The imposition of an Impact Tax began July 1, 2005. The tax was part of the Planned Growth Strategy - a scheme primarily designed to promote in-fill development on Albuquerque's Eastside rather than promote growth in the city as a whole.

Impact Taxes - or Impact Fees as they are more inaccurately labeled - were sold to the public as a way of making developers pay their "fair share" of infrastructure costs associated with extending infrastructure to undeveloped areas of the city and discourage "sprall" among other things. Never mind that developers were already paying for their development's internal infrastructure. Never mind that developers were also paying for external infrastructure through a system of exactions.

"[E]xactions" — [required] that developers build roads, intersections, drainage works and other facilities off-site to support their subdivisions. The improvements eventually become city property.

-ABQ Journal (Subscription)

Developers at the time felt that the exaction system was often arbitrary and inequitable. As a result, they actually supported the idea of imposing Impact Taxes on themselves (and consumers) believing that Impact Fees would correct the arbitrary nature of exactions and make development costs more predictable.

What developers got was a system of expansion fees, arbitrary exactions, and onerous Impact Taxes designed to social-engineer development. The cost of a new home went up by $10,000 overnight. Many commercial developments were simply made too expensive to build. With the stroke of a pen and the imposition of a tax, homes - the places where people live - moved to Rio Rancho, Los Lunas, and the unincorporated areas of Bernalillo County, and commercial development - the places where jobs live - followed suit.

Tonight, citing the current economic crisis and the dramatic drop in new development in Albuquerque the City Council will readdress Impact Taxes, uh... Fees through a series of 1 year reductions (O-09-70, O-09-71, O-09-72). The idea is to reduce the Impact Taxes for roadways, drainage, and parks by at least 50% and 100% for "green path" developments. Bernalillo County has already reduced their impact fees recognizing the need for development and growth.

We have never approved of regressive taxation for the purposes of social engineering. We'd much rather see the complete abolition of the current Impact Tax scheme. But, we'll take a 50% reduction in any tax even if it's just for a year.

Understand, the kind of taxes imposed by Impact Fees punish those seeking to get better value for their dollar by making the areas where their dollar goes farther less affordable. In addition, Impact Taxes make nearby jobs less available by making the developments that house said jobs less likely to be built. In short, Impact Fees raise the price of housing, reduce the number of nearby jobs, and move needed goods and services out of the area.

More importantly, developers do not pay these taxes - consumers do. If consumers are unwilling to pay the additional amount artificially added by government, then developers stop developing. But make no mistake, developers are businessmen and women. They must make money here or they will take their developments where they can make money. Wouldn't you?

At a time of high unemployment, we need to encourage growth not impede it. Many arguing against the temporary moratorium on Impact Taxes believe that doing so is some kind of gift to developers. Nothing could be further from the truth.

Developers provide jobs, buildings for jobs, and homes for those who have jobs. When we stop developing, we stop creating new jobs. When we stop creating new jobs, we start to lose people. When we lose people, we lose tax revenue. When we lose enough tax revenue, we lose city services. Eventually, tax revenue will drop to the point where the basic city services of police, fire, sanitation, and infrastructure are threatened.

The monies collected through Impact Fees aren't collected from developers, rather they are fees collected by developers from consumers. We need lower taxes across the board not just temporary relief from Impact Fees. But even temporary relief is better than no relief at all. And who knows? Maybe we'll create a few jobs in the process.

----- Update -----
The very first question asked an important question:

"what am I missing here? someone has to pay for roads and sewers and water and ...

why not the people who create the need by sprawling instead of infilling?"

To borrow an Obamaism, let's be clear. Every development whether commercial or residential does pay for itself and more even without Impact Taxes. It has always been in the interests of municipalities to encourage growth not only within its boundaries, but to annex developable land and adjacent developed areas whenever possible.

Growing the city likewise grows the tax base. Each home, each retail center, each office complex, each factory, is like a tax revenue generator that not only pays for itself but pays for needed infrastructure projects in other parts of the city.

Traditionally, the existing tax base has paid for the relatively small additional costs not covered by the developer. That's how the Eastside grew from a small group of businesses and homes along Central Avenue to the distant boundary of the Sandia reservation.

The imposition of additional "fees" - particularly the way the City of Albuquerque imposed them - is simply another way for the city to put more money in its coffers.

But like many such tax schemes, Impact Taxes didn't achieve their objective. Surrounding communities benefited from our onerous tax policy because developers simply move their developments to their more profitable environments. Those communities now benefit from their small initial investment through the taxes paid by these businesses and residents who now reside in their communities.

Impact "Fees" are another example of governmental short-term thinking that create negative consequences in the long run. Couple bad policy with an economic downturn and you've a formula for drastic drops in revenue collected by the city.

It is absolutely in the city's best interests to pass a moratorium on Impact Fees - even considering the silly green enhancement. More importantly, it's in all of our best interests for the city to encourage growth and economic activity.

Metro Tyrant

The chasm between the council and the mayor's office is widening once again. It seems that the Almighty Alcalde has decided that the lawful actions of the council are not to his liking and has decided to simply ignore them.

Mayor Martin Chávez might get a lagoon at Tingley Beach after all.

He notified city councilors on Tuesday that the bond projects they approved this month aren't the ones scheduled to go on the Oct. 6 ballot. Instead, it's his proposals that would go before voters.

-ABQ Journal (Subscription)

The mayor claims that the council failed to act on his proposal in the time required by the Albuquerque Code of Ordinances. According to § 2-12-3, council has 60 days to take action on the mayor's proposed capital plan.

(D) The Council shall approve the Capital Improvements Program as proposed or shall amend and approve it. Council action shall be within 60 days after it has been submitted by the Mayor. This period begins on the date of introduction of the CIP bill at a City Council meeting. The Council shall hold at least one public hearing on the proposed program.

-City of Albuquerque Code of Ordinances

The controversy comes from the word "action." The council argues that it took action on the measure by referring it to committee and subsequently deferring the issue until April 6th. Of course the City Attorney, Bob White disagreed interpreting the ordinance in a way that benefits his boss.

[Sidebar]
Kind of reminds us of the sham that was the defense of Albuquerque's mayoral term limits. Marty's lawyers sued the city. Marty's lawyers at the city chose "independent" council to defend the city charter provision that Marty was challenging. Yeah, we know... it's shocking that Marty prevailed.
[End Sidebar]

What's most humorous about this whole affair is that the Almighty Alcalde - after blatantly ignoring council authority - talks about negotiations. City Ordinances clearly define the process by which the Capital Improvements Program is approved and the role each branch of municipal government plays. Having your city attorney provide an "opinion" that invalidates the work of the legislative branch simply because you don't get your wading pool is a sign of just how overbearing and tyrannical this mayor has become. It's behavior that's expected from third world dictators, not from elected officials in the United States.

Mayor Chavez has provided yet another argument for term limits - particularly for the executive branch. Executives have far too much power over taxpayer money. They negotiate contracts with vendors and determine compensation for city employees.

After almost TWELVE years in office, it's far too easy for those who are either employed by or who do business with the city to believe that their only avenue for advancement is through Martin Chavez. That kind of power leads directly to corruption in big ways and in small.

We hope the council has the fortitude to follow through with their threat to sue the administration. It's time that the council provide a check on what is increasingly becoming a city government ruled by the Almighty Alcalde. The best check of all would to pass the position on to someone else and do so regularly. Otherwise, we'll all be under the thumb of our own little Metro Tyrant.

Dipping Into Obama's Well

President-elect Obama hasn't wasted any time drilling yet another well into taxpayer pockets. Before he's even placed his hand on Lincoln's bible the candidate for change is relieving all of us of more than our change - all in the name of stimulating the economy.

Before we get started, understand that government does not create wealth it moves it from one pocket to another. Whether it's President Bush or incoming President Obama, you can't spend yourself out of debt any more than you can drink yourself sober.

Obama has promised to spend over a TRILLION DOLLARS in a misguided attempt to better the Bush administration's $750 BILLION bailout boondoggle.

(Sidebar)
If the definition of insanity is doing the same thing and expecting a different result, what exactly is doing the same thing - only more - and expecting a better result?
(End Sidebar)

With all of that said, last Thursday the Almighty Alcalde met with the Anointed One's transition team in Washington D.C. in order to stick his bucket as deep into Obama's well as he possibly can.

The city is seeking about $2 billion for solar-power plants, a wind farm, a streetcar down Central Avenue and a Downtown events center, among other things. It might not be clear until February what projects will make the federal list.

-ABQ Journal (Subscription)

You'll note two of the items on Marty's wish list are the Trolley and the Downtown Arena - both of which require ongoing taxpayer subsidies and can never turn a profit. Of course, that's no surprise since - as you'll remember - government doesn't create wealth.

Our extended Eye Poll on the Downtown Arena couldn't have been clearer - 70% of the 717 participants in our Eye Poll said "No Way," while only 28% thought it was a good idea (view it here).

It's distressing enough that Obama wants to spend a TRILLION DOLLARS of our money on projects that can't sustain themselves, the Almighty Alcalde wants to blow a couple of BILLION on projects like the 19th Century Street Car and the Downtown Money Pit, uh... Arena when the city has more pressing - albeit less sexy - infrastructure needs. Things like sewers, water mains which seem to be bursting regularly these days, and rebuilding the I-25/Paseo interchange.

Meanwhile the council's Finance and Government Committee will meet Monday on extending the Transportation Infrastructure Tax to pay for Marty's toy trolley. Yep, that's the same tax that was shouted down by taxpayers two years ago and the same one that was supposed to sunset at the end of this year.

Look, an empty arena and a trolley that serves a miniscule portion of the city's population just don't make any sense. If we're to dip into Obama's well, at least let it be for projects that have long lasting benefits and don't create additional burdens on Albuquerque taxpayers.

Forfeiture

Last week the New Mexico Supreme Court threw out a challenge to Albuquerque's vehicle forfeiture ordinance because the challenger lacked legal standing (ABQ Journal - Subscription). The ordinance (O-05-113) sponsored by (thankfully) former City Councilor Craig Loy was passed by the council back in 2005, and allows police officers to seize a vehicle upon arrest of that vehicle's driver for driving under the influence of "drugs or intoxicating liquor." Upon passage it was immediately challenged by the ACLU.

(Sidebar)
We don't usually agree with the folks over at the American Civil Liberties Union. They're usually trying to strip someone of an explicit right or freedom in favor of their own interpretation of the code of political correctness. In this case, they actually took up for a right explicitly guaranteed by the Constitution and should be commended for their action. Doesn't mean we'll be joining any time soon, but we'll give credit where credit is due.
(End Sidebar)

Loy's forfeiture ordinance incorporates many of the quasi-legal proceedings that are found in many of the city's more detestable law/code enforcement gimmicks and is not surprisingly based on the concept of nuisance abatement. The idea is that if you run a red light, own a crack house, or now - thanks to the New Mexico Supremes - are accused of driving while intoxicated, your property is a nuisance and can be seized and sold with the profit going to the city.

Of course in an attempt to cover their... uh hind quarters, the ordinance provides for a semblance of due process through a provision for the vehicle owner to appeal the seizure and subsequent forfeiture order by appearing before one of Marty's Mini-Magistrates. Yep, the very same "hearing officers" we've all come to know and loath in the Red Light Scam-era proceedings.

In addition to appearing in the Almighty Alcalde's Kangaroo Court, these "hearings" are deemed "informal and not bound by the technical rules of evidence." Further, "the city hearing officer shall only determine whether the law enforcement officer had probable cause to seize the vehicle. (read the complete ordinance here)[emphasis added]"

PROBABLE CAUSE - A reasonable belief that a person has committed a crime. The test the court of appeals employs to determine whether probable cause existed for purposes of arrest is whether facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime. U.S. v. Puerta, 982 F.2d 1297, 1300 (9th Cir. 1992). In terms of seizure of items, probable cause merely requires that the facts available to the officer warrants a "man of reasonable caution" to conclude that certain items may be contraband or stolen property or useful as evidence of a crime. U.S. v. Dunn, 946 F.2d 615, 619 (9th Cir. 1991), cert. Denied, 112 S. Ct. 401 (1992).

- Lectlaw.com

In other words, an officer can impose punishment (there's no other way to look at loosing thousands of dollars through a vehicle forfeiture) simply because a "prudent person" would believe that a "suspect has committed, is committing, or is about to commit a crime." This is precisely the type of limitless governmental power that the framers of the Constitution were worried about.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. [emphasis added]

- The 5th Amendment to the Constitution

You might want to read the italicized portion again... "nor be deprived of life, liberty, or property, without due process of law." The Constitution doesn't give an exception for nuisance abatement or driving under the influence. Put simply, punishment cannot be meted out by government until after you are found guilty of an offense - until after you receive due process. It's simply laughable to believe that at the time of an arrest the accused has received any form of due process worthy of the name.

For those of you who were worried about providing access to U.S. Courts to unlawful combatants (a.k.a. terrorists) held in Guantanamo (who were not afforded the protection of our Constitution before their capture and certainly wouldn't extend similar protections to anyone under any circumstances), our city has passed an ordinance that deprives the accused of property upon issuance of an official accusation. Hell, under this ordinance it's not even important whether you're guilty or innocent. All that's required for you to be deprived of your vehicle - for you to receive punishment - is for an officer to have probable cause to accuse you!

(Sidebar)
There's also an argument that the City of Albuquerque doesn't have the authority to seize anything valued over $1,000. New Mexico Statute 3-17-1 limits convictions under a municipal code for DWI to not more than $1,000 and/or 364 days in jail (read it here). These days, even the most heinous junker is worth a thousand bucks. As a result, forfeiture of most vehicles would exceed the maximum penalty allowed under state law.
(End Sidebar)

Granted, DWI is a serious problem in this state. However, it's hard to justify denying a fundamental and explicit Constitutional right even when addressing a serious problem. If the city wants to book the vehicle into evidence and return the vehicle to the owner upon a finding of not guilty or a case dismissal... fine, as long as the city bears the cost of storage and liability for damage. Stopping DWI should not come at the price of the forfeiture of our guaranteed Constitutional rights.

----- Post Script-----
Just in case we weren't clear above, we have no problem with the seizure of property for evidentiary purposes. What we have a problem with is forfeiture prior to adjudication. An administrative hearing officer cannot be considered impartial as he/she is employed by the executive branch of government. The hearing process is not bound to the rules of evidence and a hearing only determines probable cause not guilt or innocence.

Comparing seizing a vehicle to the seizure of illegal substances is an invalid comparison because in most cases the property in question was legally obtained and is in all cases legal to possess. Law enforcement regularly seize property associated with criminal investigations. Property is returned to its rightful owner following adjudication except in the case of illegal substances which are destroyed or upon conviction whereupon seized property is routinely deemed forfeit.

There's absolutely no justification for a misdemeanor offense to circumvent the Fifth Amendment. Property involved in DWI cases should be treated exactly like evidence from any other crime.

Rallys and Charter Fights

This coming Monday, June 30th at 4:00pm, city employees are organizing a rally at city hall to ask for the full 3.5% raise appropriated by the city council in this year's budget. Our Eyes tell us that The Almighty Alcalde is planning to dole out a 2.65% raise for FY 2008-2009 despite the council appropriation.

It's beginning to look more and more like the mayor and the council are living in two very separate towns - The Almighty Alcalde running his fiefdom and the council starting their own in an attempt to reign in the autocratic alcalde. It seems that Marty believes that the charter has granted him the authority to ignore the binding resolutions of the council whether it's pay raises or land purchases like the Osuna balloon "landing site" (ABQ Journal - Subscription).

(Sidebar)
The Balloon Fiesta landing site is nothing but a city park. Sure balloons would be able to land on the site if the wind happens to deposit the balloons over the 22 acre site. But lets be clear about this, the site is only useful when the winds blow balloons toward it and for the two weeks of the year when the fiesta is in full swing. The other 50 weeks of the year it's a park paid for and maintained by the taxpayers so that a couple of politicians could pander to Vista Del Norte.

Admittedly, that's all to often how government works but it doesn't make it any less fiscally irresponsible or any more of a balloon landing site. Besides, what kind of implied liability is the city taking on by creating a balloon landing site right next to high voltage power lines?
(End Sidebar)

The cold war that has been the the relationship between 11th floor and council seems to be heating up and the battlefield will likely be a courtroom. It's possible that council has overreached their charter authority on occasion. However, it's clear the the mayor regularly takes liberties with his authority believing the council to be impotent when it comes to enforcing their directives. Just how much latitude either side has yet to be determined.

Separation of Powers?

Like our Federal Constitution the Albuquerque City Charter contains a separation of powers. The mayor exercises executive authority and the city council is the legislative body that among other things authorizes spending, taxation, and city indebtedness.

From a budget perspective, the mayor's job is to spend the money appropriated by the council for the uses approved by the council. The council's job is to create the legislation authorizing the expenditures and collection of revenue. The charter provides for very specific roles with the idea that each branch would work with the other.

Apparently, the mayor and the council have decided that their opposite coequal branch isn't fit to perform the duties assigned to by the charter and have jumped over the barrier separating the two. The council empowering Council President Brad Winter to purchase land on behalf of the city (ABQ Journal - Subscription) and the mayor signing a budget with specific spending instructions vowing to spend the money how he sees fit (ABQ Journal - Subscription).

We can almost understand the council's frustration with the Chavez administration. The Almighty Alcalde doesn't exactly have a sterling reputation for truth and his attitude toward the council has become increasingly hostile since his election in 2005. His most recent announcement that he intends to spend council appropriations without regard to council approved budget provisions is a direct violation of the city charter and can only lead one place... court.

What's going on here? What happened to separation of powers? Marty's arrogance may have frustrated the council but it doesn't justify their dabbling in executive authority. Likewise, The Almighty Alcalde has a legal obligation to implement the provisions of the council budget that he signed into law.

Eye Poll is Back with a Burning Question

As you have probably noticed by now, we've taken a bit of an Eye Poll hiatus... Well this week the Eye Poll is back and we're taking on the issue of Councilor Cadigan's most recent foray into private businesses O-08-29 (read about it here).

Apparently the Dee Johnson Clean Indoor Air Act that bans smoking (a legal activity) just about everywhere humans can go except outside, isn't enough for the fiery councilor who has tried no less than five times to remove any kind of designated smoking areas in "public" places. We have a problem with this concept of a "public place" being anywhere the public is invited to do business in a private establishment. In our opinion the definition is just another way for government to regulate private property and transactions, but I digress.

Since Councilor Cadigan is attempting to insert his legislative nose in private businesses yet again, it's time to let everyone know what your thoughts on the issue are. Don't forget to vote!

APD Contract Rally

Off Duty Officers to Rally in Front of City Hall

The recent brouhaha has APD in an uproar. Monday night at 5:30, off duty officers will be exercising their rights to free speech and assembly by rallying in front of city hall. Our Eyes tell us that the idea is to ask the City Council to reject Marty's proposal that divides the department and is detrimental to any officer that stays with the department. As we understand it, since the contract is a multi-year deal it requires council approval.

Our Eyes tell us that sergeant Paul Heh is organizing the event as part of his quest to have the contract reviewed by the entire membership. If you're an officer that would like to be part of the event show up at 5:30pm at city hall and let the council know how you feel.

Money Money Money

If there was ever any doubt that the City of Albuquerque's Red Light Scam-era program was all about the money (there wasn't) it's completely gone now. According to KOB-TV Marty's former treasurer and perhaps closest political ally on the council has had the bright idea to shutdown the scam-eras in intersections that aren't turning the profit that they used to (KOB-TV).

Apparently, Councilor Sanchez spent a little time reading a report on MSNBC.com about the city of Dallas' plan to turn off their scam-eras (read it here). The city council in the lone star state has figured out that while the public safety benefits are negligible not to mention in dispute, the monetary benefit is that was initially substantial starts to dwindle if for no other reason than people are generally smarter than the council and simply avoid the stationary revenue generators.

At the heart of the discussions taking place in city councils and county commissions is tension between the twin benefits that were touted when local governments began installing cameras about a decade and a half ago. Officials were promised that the cameras — which take snapshots of busy intersections, capturing the license plates of any cars that are running the light — would simultaneously save lives and generate millions of dollars in extra fines. [emphasis added]

-MSNBC.com

Now that revenue is down - way down - the City of Dallas is considering shuttering as many as a quarter of their installed cameras and Councilor Sanchez wants to look at following their lead. We also don't think it's a coincidence that Sanchez's move comes just after the legislature voted to confiscate the profit from The Almighty Alcalde's scam.

What is particularly alarming here is that people like Councilor Sanchez will shutdown the cameras in a second if they fail to bring home the bacon but could care less about the little things like due process, liberty, justice, and The Constitution for that matter. They claim that their overriding concern is public safety, but when the crash reduction efficacy of the scam-eras cannot be proven those same politicians continue to support its continuation - right up until the revenue dries up.

It has always been about the money. It will always be about the money. And now these yahoos in the city councils of both Dallas and right here in Albuquerque are all but admitting that the only thing that will end the scam is a lack of... money. They should be ashamed of themselves and we should think twice before we send them back their respective legislative bodies.

Appeasement

What we needed was freedom. What we got was appeasement. Monday night the city council voted to reduce fines for dastardly Dodges and frenetic Fords who run one of Albuquerque's 20 scam-era intersections (ABQ Journal - Subscription). Remember it's not drivers who run through red light scam-era intersections - it's their vehicles that are the motorized miscreants.

In general the council brought the fines associated with both the scam-eras and the scam-vans in line with their criminal counterparts.

Councilor Don Harris said city residents are beginning to accept the cameras, adding that making the fines equal to officer-issued citations was a step in the right direction.

"We have to accept that we have this technology and make sure it is fair and (that) due process is protected," Harris said.

- ABQ Tribune

We beg to differ with the councilor from district 9... We certainly do not have to "accept" this technology and the tweaks the council made last night do nothing to address the program's inherent due process problems. Technology has never been the issue except in its implementation that necessitates a delay in notification and a reliance on the state's "evidence" for your defense.

Right now, it is possible to put GPS tracking devices in every vehicle registered in the City of Albuquerque. These devices could continuously monitor our vehicles every move - more specifically every mile per hour over the posted speed limit. That data could automatically generate a citation that would be sent to the vehicle under the STOP Ordinance scheme. Not only would the city be a safer place, but the city could keep tabs on each and every one of us so that we were never in any danger. Little brother Marty would always be there to protect you.

You can bet that a system like that would make money for the city and The Almighty Alcalde at an astronomical rate. It might even be more effective at "changing driver's habits" than the current Redflex system. But even if it increased overall traffic safety by over 50%, would you want it?

Last night's action by the council only makes the STOP program appear more equitable by reducing the penalty. Offending vehicles and their owners will never, we repeat never get their day in court because they will never have the opportunity to appear in one.

(Sidebar)
What a difference a year makes. Marty, after claiming that there's no way to keep the program operating with these fine reductions is now in favor of them. Hmmmm... Seems that His Honor agrees with us (read it here).
(End Sidebar)

Now there are rumblings in Santa Fe that Big Bill and the Legislature have their collective eyes (no relation) on the scam-era green. Since the fines have been reduced, it's likely that it'll be the state that's taking Marty's "excess money" from now on. How long do you really think it'll be before scam-era revenue is just another income stream for the state to waste?