The Eye, as many others in our community, are tired of the incompetence of our City’s Leadership. The Eye is asking that you tell ten people to VOTE “NO” on all bond issues and “NO” on the Red Light Cameras. What does this mean; it means no more new taxes and the City continues as it is now. It also means, no more supporting Redflex; a company who is not in Albuquerque, let alone in New Mexico.
We are in the worst economy that we will ever see in our lifetime and the City is demanding the citizens pay more and more to compensate for their incompetence. So many people are out of work, losing their homes and cannot put groceries on the table and the City leadership is still trying to “squeeze blood out of a turnip.” New Mexico is the second poorest state in the Country. According to Channel 7 News (see it here) the average yearly income is the same amount of money that Reflex donate to a local fly-by-night outfit to keep the Scamera’s in place. We are a struggling community and any new taxes hurt our kids and our families directly. This is wrong on many levels.
Until the City’s leadership is able to handle (budget) the money that we have already entrusted them with and are able to bring the City up to where it was prior to Berry; we do not trust giving this incompetent group another penny. Mayor Berry wants his Faire Berry Land on the Bosque with our tax dollars. Ask this question, if we don’t have the money to run the City now, how is the City going to pay for costs associated with Faire Berry Land? Where are the additional law enforcement personnel? Where are the maintenance and grounds keepers, supervisors and other required staff and equipment? Who is going to pay for it? This is going to cost the tax payers a fortune!
This is plain stupid. The City leadership needs to become competent and prove they can handle it. Maybe then the tax payers might consider more taxes. For now, we are in the “Great Depression of our era.” The City needs to learn to “live within its’ means; just like the rest of us.” No New Taxes!
And for those liberals who have stated, “Well, it will only cost this much more per household per year…” If you think the cost is “affordable,” then you can pay the tab and there should be no need for any tax increases.
Redflex who owns the Red Light Scamera’s donated $45,000.00 to Safe Streets Albuquerque in hopes of fooling the citizens of Albuquerque into keeping their “Gravy Train.” Don’t be FOOLED! Send a true message to Redflex and the City Leadership and VOTE “NO” on the Scamera’s!
One last thought, Berry owns a few goons on the City Council and it is time to create an equal playing field for the citizens. It is time to get rid of a few problems. The Eye is recommending that you do not vote for Brad Winter who has failed to do his job with the council and continues to wreck APS. The Eye also recommends that you do not vote for Trudy Jones; “Tutti Frutti” who has shown that she cannot handle the job or responsibilities of the position. We are not endorsing anyone and especially NOT endorsing Winter or Jones. Remember these two clowns have been covering Berry’s track, including blocking a federal investigation into the twenty police shootings. If nothing was done wrong why would they oppose an outside investigation? Think about it before you cast your vote. The Eye is not asking you to vote Republican or Democrat; the Eye is asking you to make a better choice. This is not a partisan issue but a logical one.
Please commit to tell ten people to VOTE “NO” on all bonds and the Scamera’s! Ask those ten to tell ten more people to VOTE “NO!”
Showing posts with label Councilor Brad Winter. Show all posts
Showing posts with label Councilor Brad Winter. Show all posts
Sep 25, 2011
May 26, 2009
Un-be-lievable!
The Albuquerque Journal reported Tuesday that (as we've been telling you) The Almighty Alcalde is back on track to build his choo choo. Like a child whose mind is set on a shiny new toy, Chavez is desperately trying to find an argument that will convince the public and the council that he should have the object of his desire.
If you're a parent these shifting arguments probably sound familiar. Next little Marty will probably argue that "everyone else is doing it." Uh, wait... never mind, he's doing that too.
Actually, we're talking about HUNDREDS OF MILLIONS OF DOLLARS not only to build it but to run it in perpetuity.
Even if Councilor O'Malley favors building a $400 MILLION money pit, errr... arena, she's got the right idea here. The Valley councilor is planning on introducing legislation to force the tracks of any trolley to go directly through the council chambers.
Any unnecessary expenditure that will obligate taxpayers to hundreds of millions of dollars of debt and operation costs should at the very least be approved by the people upon whom that obligation will be laid.
The Almighty Alcalde up on his perch on the 11th floor simply doesn't get it. It's unbelievable that an elected official would so blatantly ignore the wishes of his constituents. Of course, that can be fixed this October.
The streetcar would run along Central Avenue, then by Isotopes Park on its way to the airport.Previously, Marty was arguing that the trolley would service the throngs of mythical riders along Central Avenue and provide another way to get across the river. Now, he's arguing that tourists need a $130 MILLION way to get to the ballpark!
Adams said the project would help tourists get around the Rio Grande Valley without stepping into a car. They could fly in, take the streetcar to Downtown Albuquerque, then ride the Rail Runner to Santa Fe. Or someone from Santa Fe could come down for a ballgame without having to drive.
If you're a parent these shifting arguments probably sound familiar. Next little Marty will probably argue that "everyone else is doing it." Uh, wait... never mind, he's doing that too.
Chávez said cities across the country are launching rail projects. He predicted Albuquerque will join them, even if it doesn't happen while he's in office.Fortunately, there seem to be some adults on the council who have rightfully determined that the public isn't all that hot on the idea of spending over $130 MILLION to ferry tourists to ballgames.
"Unless somebody drops $300 million on us, it's going to go to the voters some day," City Council President Isaac Benton said in an interview. But "I don't see any immediate movement on it."Councilor Winter brings up a good point - one that we have maintained for some time. Even if $300 MILLION should fall from Obama on high, it should be spent on transportation issues like the Paseo del Norte I-25 interchange that services hundreds of thousands of Albuquerque taxpayers on a daily basis not some tourist trolley for people who don't pay to keep the city afloat.
Councilor Sally Mayer said her Northeast Heights constituents are "angry that we're even considering it." She said that even if the federal government gave Albuquerque $50 million, that wouldn't pay for two miles of track.
"This is extraordinarily expensive, and I don't see a need for it," Mayer said.
Councilor Brad Winter said the city should focus on other transportation needs, such as the reconstruction of the Paseo del Norte and Interstate 25 interchange.
"I don't think we need another study," Winter said of the streetcar. "It ought to be dead."
O'Malley said the route of the system shouldn't be "subject to somebody's whimsy. We're talking about millions of dollars."
Actually, we're talking about HUNDREDS OF MILLIONS OF DOLLARS not only to build it but to run it in perpetuity.
Even if Councilor O'Malley favors building a $400 MILLION money pit, errr... arena, she's got the right idea here. The Valley councilor is planning on introducing legislation to force the tracks of any trolley to go directly through the council chambers.
Any unnecessary expenditure that will obligate taxpayers to hundreds of millions of dollars of debt and operation costs should at the very least be approved by the people upon whom that obligation will be laid.
The Almighty Alcalde up on his perch on the 11th floor simply doesn't get it. It's unbelievable that an elected official would so blatantly ignore the wishes of his constituents. Of course, that can be fixed this October.
Dec 11, 2007
Dumb and Dumber
Two of the Foolish Four were back at it today claiming that Councilor Winter made some sort of back room under-handed deal with the devil to gain his seat as President of the City Council. According to Harris, Winter sold the three water authority appointments to the "liberals" in order to obtain their support for his presidency (ABQ Journal - Subscription).
Meanwhile Dumb's sidekick Councilor Mayer was busy insisting that there was some nefarious scheme afoot since Councilor Winter's wife Nan Winter works for the Water Authority and has for some time. Mayer is quoted as saying "I don't think it passes the sniff test... It just doesn't seem right" (ABQ Journal - Subscription).
Meanwhile Dumb's sidekick Councilor Mayer was busy insisting that there was some nefarious scheme afoot since Councilor Winter's wife Nan Winter works for the Water Authority and has for some time. Mayer is quoted as saying "I don't think it passes the sniff test... It just doesn't seem right" (ABQ Journal - Subscription).
(Sidebar)Granted, the appointments to the Water Authority are important but their claims make the two Capo's Councilors look foolish and petty... again. Councilor Winter made them look even dumber-er when he named his first appointment - newly elected councilor and founding (and hopefully ex) member of the Foolish Foursome Trudy Jones.
The councilor ought to know something about stinky situations as her admitted ex-boyfriend and real estate partner continues to receive $50,000 a year contracts from the False Alarm Reduction Unit to do... well, something anyway. If you'll remember, the false alarm ordinance was sponsored by none other than The Mayer herself.
(End Sidebar)
(Sidebar)Let's face it folks, there's a reason that Mayer and Harris faced recall uprisings in their respective districts - they don't seem to be able to learn from their mistakes. You'll notice that Councilors Sanchez and Jones aren't out making themselves look like idiots (again) by giving legs to a story that had essentially gone away. You can also bet that neither of these two brain donors will be serving on the water board anytime soon.
As we've noted before, we don't think there should be a Water Authority. This quasi-governmental agency has an awful lot of authority to bond debt, set rates, punish water evildoers, and stymie economic growth. Councilor Cadigan said just last week that the board should stop extending service to new areas even when water wasn't an issue (read our take here).
Not to be out-done, last month former Councilor and Congressional Candidate Heinrich wanted to use aerial photography and drive by inspections to tell consumers the amount of water that they should be using (ABQ Journal - Subscription). Heinrich insists that the $20,000 pilot program would simply be giving advice on how much a particular household could save (ABQ Journal - Subscription), but it's a short step from should to must and we don't want any government agency peeking over our wall telling us the amount of water we are allowed to use.
(End Sidebar)
Nov 27, 2007
Scam-era Suspension: Update
We just got our eyes on a copy of the bill being proposed by Councilor Winter (read it here). As we suspected, the legislation is a moratorium on STOP operations based on indications that scam-eras don't save lives, are not "scientifically reliable," the program is for revenue generation, equipment operation (calibration or the lack thereof), and due process concerns (Marty-roo court).
The bill also talks about Marty's Task Farce that was created to cover... uh, "study" the STOP program and uses the task force as part of the reasoning for suspending the program "until the council has reviewed and independently considered and analyzed any report of the Mayor's task force and has acted to authorize the continuation of the program."
Certainly the move is welcome if long overdue and it does protect the public from a continuing red light scam. We also like that it requires the council reauthorize the program before Marty can start raking in the dough again regardless of Marty's Task Farce report.
However, we're concerned that the council will be too addicted to the revenue stream to enact the moratorium in the first place; much less act on it at the December 3rd meeting. After all Marty and crew have already been caught balancing the budget on the backs of scam-era victims.
The bill also talks about Marty's Task Farce that was created to cover... uh, "study" the STOP program and uses the task force as part of the reasoning for suspending the program "until the council has reviewed and independently considered and analyzed any report of the Mayor's task force and has acted to authorize the continuation of the program."
Certainly the move is welcome if long overdue and it does protect the public from a continuing red light scam. We also like that it requires the council reauthorize the program before Marty can start raking in the dough again regardless of Marty's Task Farce report.
However, we're concerned that the council will be too addicted to the revenue stream to enact the moratorium in the first place; much less act on it at the December 3rd meeting. After all Marty and crew have already been caught balancing the budget on the backs of scam-era victims.
Suspend the Scam-eras!
We received an email earlier today from Councilor Brad Winter. According to the email, the councilor plans to introduce legislation to suspend scam-era operations. He also indicates that he would like to introduce the legislation at the next council meeting December 3rd. We've asked for more details on the councilor's bill and will post them as soon as we get them.
It certainly looks like a step in the right direction, but before you get too excited it's only a suspension not a discontinuation. We'll be much happier when we find out that this scam is headed for the scrap heap.
It certainly looks like a step in the right direction, but before you get too excited it's only a suspension not a discontinuation. We'll be much happier when we find out that this scam is headed for the scrap heap.
Nov 17, 2007
Deficits and Deception
Since Marty announced his red light scam-era marketing, uh... "task force," the city's photo money makers have been almost constantly in the news. First we find out that of the $10.6 MILLION in total revenue, $5.8 MILLION was dumped straight into the city's general fund. The Almighty One characterized the bounty as "excess money," we'd call it a tidy profit for the city.
Last night KOAT Target 7 broke the story that despite promises that the PROFIT would be used for public safety, the PROFIT was instead used to balance the city budget. This morning the Journal carried the same story (Subscription). It seems that Councilors Mayer and Winter aren't too happy that the red light green has been used by the city to make ends meet.
As far as we know this money was always set to be dumped into the general fund. Frankly, it doesn't make a bit of difference which fund the money is headed for. All of the money is sent to the city and its use is ultimately their responsibility. That means the Almighty Mayor and the council.
The councilors go on to complain that they were deceived stating that administration has been "misleading from the beginning." We couldn't agree more. Chavez and his minions claimed that the program was about public safety - it wasn't. They claimed that accidents went down - they didn't. They said the money would be used for the program and public safety - it hasn't been. They say that they'll create a fund for the PROFIT - it won't matter.
We're also wondering just how it is that the city found itself needing to play games with scam-era money in order to balance the budget. We know that spending has gone through the roof since Marty took over, but how did we end up running a deficit that needed to be covered by scam-era revenue?
Last week APD spokesman John Walsh told KRQE News 13 that Marty's scam-eras had caught APS bus drivers running red lights at intersections. The implication was that without the program we wouldn't know that APS bus drivers were endangering our children by running red lights.
We'd like you to think about this a bit... As you know, no one on a school bus (except for the bus driver) is wearing a seat belt. We're pretty sure that a school bus weighs substantially more than your average Prius making it more than a little difficult to stop one on a dime. Do you really want bus drivers stopping short? We can just picture APS students learning to fly - over the seats, their classmates, past the bus driver, and through the front windshield - just so APS and a bus driver avoid a scam-era citation.
We've talked about this before, but we still believe that there are times when it's safer for everyone if a vehicle "runs" a red; particularly when stopping short would endanger lives. These are times when a driver must use their judgment and when it's absolutely imperative that a police officer is present to use their judgment in determining whether or not the driver was correct. Scam-eras will never be able to judge a situation and Marty's Kangaroo Courts are designed to make money not hear cases.
Our Eyes tell us that the 11th floor is putting pressure on Chief Schultz and APD to make the case that the cameras are necessary and blames them for the current situation. We'd think that if Marty and crew were really serious about a "task force" he wouldn't be pressuring Ray, and Ray wouldn't be using John Walsh to bash APS bus driver in the name of our children's safety.
The Mayer (Councilor Mayer) claims that she supports the system but would like lower fines. When thieves break into your house and steal everything but your brand new TV - you're happy they missed the TV but still pissed that they got the rest of your stuff. Mayer's typical idiocy fails to recognize that the whole system is based on deceit and has been an utter failure.
Meanwhile, Councilor Winter has held his town hall and heard the vehement complaints of constituents and the general public, but has failed to act. We generally like the councilor, but this is a time for action not compromise.
The Mayor and his CEO Bruce Perlman have created a corrupt system designed to bring in revenue. Remember, these are the guys that brought us ABQ PAC, a political action committee created to fill Marty's political coffers and his pockets too. If there was ever any doubt that this whole thing is about money (which there shouldn't have been considering Marty's track record), even the most naive, deaf, dumb, and blind supporter of the Almighty Mayor should be having second thoughts.
Last night KOAT Target 7 broke the story that despite promises that the PROFIT would be used for public safety, the PROFIT was instead used to balance the city budget. This morning the Journal carried the same story (Subscription). It seems that Councilors Mayer and Winter aren't too happy that the red light green has been used by the city to make ends meet.
As far as we know this money was always set to be dumped into the general fund. Frankly, it doesn't make a bit of difference which fund the money is headed for. All of the money is sent to the city and its use is ultimately their responsibility. That means the Almighty Mayor and the council.
The councilors go on to complain that they were deceived stating that administration has been "misleading from the beginning." We couldn't agree more. Chavez and his minions claimed that the program was about public safety - it wasn't. They claimed that accidents went down - they didn't. They said the money would be used for the program and public safety - it hasn't been. They say that they'll create a fund for the PROFIT - it won't matter.
We're also wondering just how it is that the city found itself needing to play games with scam-era money in order to balance the budget. We know that spending has gone through the roof since Marty took over, but how did we end up running a deficit that needed to be covered by scam-era revenue?
Last week APD spokesman John Walsh told KRQE News 13 that Marty's scam-eras had caught APS bus drivers running red lights at intersections. The implication was that without the program we wouldn't know that APS bus drivers were endangering our children by running red lights.
We'd like you to think about this a bit... As you know, no one on a school bus (except for the bus driver) is wearing a seat belt. We're pretty sure that a school bus weighs substantially more than your average Prius making it more than a little difficult to stop one on a dime. Do you really want bus drivers stopping short? We can just picture APS students learning to fly - over the seats, their classmates, past the bus driver, and through the front windshield - just so APS and a bus driver avoid a scam-era citation.
We've talked about this before, but we still believe that there are times when it's safer for everyone if a vehicle "runs" a red; particularly when stopping short would endanger lives. These are times when a driver must use their judgment and when it's absolutely imperative that a police officer is present to use their judgment in determining whether or not the driver was correct. Scam-eras will never be able to judge a situation and Marty's Kangaroo Courts are designed to make money not hear cases.
Our Eyes tell us that the 11th floor is putting pressure on Chief Schultz and APD to make the case that the cameras are necessary and blames them for the current situation. We'd think that if Marty and crew were really serious about a "task force" he wouldn't be pressuring Ray, and Ray wouldn't be using John Walsh to bash APS bus driver in the name of our children's safety.
(Sidebar)Look... if the esteemed councilors want to fix the problem with the scam-era system they have the power to do so. All they have to do is convince four other councilor's that Marty's scam has gone on long enough. To date all they've done is hold town halls and make minor reductions in fines. We've compared it to rearranging the deck chairs on the Titanic and so it is.
Our B.S. meter always goes off when politicians start using children to prove a tangential point. It's usually a distraction and a deception.
(End Sidebar)
The Mayer (Councilor Mayer) claims that she supports the system but would like lower fines. When thieves break into your house and steal everything but your brand new TV - you're happy they missed the TV but still pissed that they got the rest of your stuff. Mayer's typical idiocy fails to recognize that the whole system is based on deceit and has been an utter failure.
Meanwhile, Councilor Winter has held his town hall and heard the vehement complaints of constituents and the general public, but has failed to act. We generally like the councilor, but this is a time for action not compromise.
The Mayor and his CEO Bruce Perlman have created a corrupt system designed to bring in revenue. Remember, these are the guys that brought us ABQ PAC, a political action committee created to fill Marty's political coffers and his pockets too. If there was ever any doubt that this whole thing is about money (which there shouldn't have been considering Marty's track record), even the most naive, deaf, dumb, and blind supporter of the Almighty Mayor should be having second thoughts.
Sep 9, 2007
Eye Poll: Recall Councilor Harris
In our second poll involving Councilor Harris, the results turned out to be almost the same. 69% of Eye readers felt that the councilor should be recalled, 21% felt that he should continue, 4% didn't know, 6% didn't care. (View the full results here.)
Remember, this is an unscientific poll and the only real poll that counts is the one in October and it only includes the registered voters in his district. However, it never bodes well to see even an unscientific poll that's this lop-sided. It also mirrors our earlier approval poll which indicated a 60% disapproval rating.
This week we're taking a look at the council race in district 4 where incumbent Brad Winter is being challenged by Paulette de'Pascal. Don't forget to vote.
Remember, this is an unscientific poll and the only real poll that counts is the one in October and it only includes the registered voters in his district. However, it never bodes well to see even an unscientific poll that's this lop-sided. It also mirrors our earlier approval poll which indicated a 60% disapproval rating.
This week we're taking a look at the council race in district 4 where incumbent Brad Winter is being challenged by Paulette de'Pascal. Don't forget to vote.
Aug 21, 2007
Upping the Ante
Looks like Councilor Brad Winter is upping the ante on the Chavez Cabal. According to a press release from Councilor Winter, his resolution clarification of City Council Resolution R-00-151 will be accompanied by a binding ordinance "requiring APD to endeavor to determine the immigration status of any individual arrested for a crime, and report that information to federal authorities if that person is found to be in the country illegally."
The move comes after an email misinformation campaign and the Almighty Alcalde's Saturday 770 KKOB AM radio show where he and Transit Director Greg Payne spent the closing moments of the show blaming APD's SOP change on a council resolution from "2001." (We're working on getting a copy of the show and when we do we'll post the section here.)
According to the mayor and director Payne who was councilor Payne at the time, the resolution was all the Republican's fault. It is true that Republican Councilor Hess Yntema sponsored the bill. It is also true that then President of the Council Winter voted for the bill (along with 8 other councilors including Payne). What isn't true is that the council tied the hands of APD and the mayor with the resolution. After all, council resolutions are non-binding and as a result are routinely ignored by the Chavez administration.
One other thing to remember here is that despite all of the intentional descriptions of Resolution R-00-151 being from 2001; it was passed by the council and sent to the mayor December 18, 2000. Mayor Baca signed it January 12, 2001. It technically belongs to 2001 but it is certainly a product of a Pre-9/11 world.
On to the email campaign... On the Friday just prior to this particular 770 KKOB Mayor Marty spin-o-rama, an email was blasted out from a number of gmail accounts. The email appeared to target Republicans and attacked councilor Winter and Sheriff Darren White calling them hypocrites and accusing them of "stooping to new political lows."
We thought at first that the email was the product of Winter's current political rival Paulette de'Pascal; but the inclusion of Sheriff White didn't fit and the email was obviously too professional for the Honey Bee. After Saturday's KKOB performance we suspect that The Captain (Greg Payne) had something to do with the targeted email.
Payne's involvement makes sense. He's almost certainly captaining the Honey Bee pleasure cruise, Winter is his bosses arch enemy, and White has been mentioned numerous times as a potential mayoral candidate in the next election. Granted all of this is speculation, but it sure does seem to fit.
In this Post-9/11 world, it simply makes no sense to welcome those who have already shown their contempt for our laws by giving them special treatment and access to our tax dollars through social programs. The attempt by Chavez to shift the blame for an out-dated council policy is disingenuous at best and contemptible at worst. It's his administration that is responsible for current APD SOP, mis-information emails and radio shows notwithstanding.
The move comes after an email misinformation campaign and the Almighty Alcalde's Saturday 770 KKOB AM radio show where he and Transit Director Greg Payne spent the closing moments of the show blaming APD's SOP change on a council resolution from "2001." (We're working on getting a copy of the show and when we do we'll post the section here.)
According to the mayor and director Payne who was councilor Payne at the time, the resolution was all the Republican's fault. It is true that Republican Councilor Hess Yntema sponsored the bill. It is also true that then President of the Council Winter voted for the bill (along with 8 other councilors including Payne). What isn't true is that the council tied the hands of APD and the mayor with the resolution. After all, council resolutions are non-binding and as a result are routinely ignored by the Chavez administration.
One other thing to remember here is that despite all of the intentional descriptions of Resolution R-00-151 being from 2001; it was passed by the council and sent to the mayor December 18, 2000. Mayor Baca signed it January 12, 2001. It technically belongs to 2001 but it is certainly a product of a Pre-9/11 world.
On to the email campaign... On the Friday just prior to this particular 770 KKOB Mayor Marty spin-o-rama, an email was blasted out from a number of gmail accounts. The email appeared to target Republicans and attacked councilor Winter and Sheriff Darren White calling them hypocrites and accusing them of "stooping to new political lows."
We thought at first that the email was the product of Winter's current political rival Paulette de'Pascal; but the inclusion of Sheriff White didn't fit and the email was obviously too professional for the Honey Bee. After Saturday's KKOB performance we suspect that The Captain (Greg Payne) had something to do with the targeted email.
Payne's involvement makes sense. He's almost certainly captaining the Honey Bee pleasure cruise, Winter is his bosses arch enemy, and White has been mentioned numerous times as a potential mayoral candidate in the next election. Granted all of this is speculation, but it sure does seem to fit.
(Sidebar)As we said at the top, Winter is now upping the ante by making referral to immigration mandatory. That's a good step; we might also suggest that the original resolution (R-00-151) be altered to exclude illegal immigrants from inclusion in city services and programs. We don't mind being an "immigrant friendly" city. However we do mind being an "illegal immigrant friendly city."
It's interesting to watch politicians work when they've been pushed into a corner. If they can't find a way to spin the information they will engage in misinformation campaigns. Too bad they don't spend as much time governing as they do worrying about their political careers.
(End Sidebar)
In this Post-9/11 world, it simply makes no sense to welcome those who have already shown their contempt for our laws by giving them special treatment and access to our tax dollars through social programs. The attempt by Chavez to shift the blame for an out-dated council policy is disingenuous at best and contemptible at worst. It's his administration that is responsible for current APD SOP, mis-information emails and radio shows notwithstanding.
Aug 9, 2007
A Step in the Right Direction?
If you've read any of our red light scam-era posts you know that one of our chief concerns with Marty's scam-eras is the lack of due process that is inherent in the program. Last Monday, Councilor Brad Winter introduced a bill to create an Independent Office of Hearings (O-07-81); which in true City Council fashion, was substituted and postponed until August 20th.
A review of the proposed ordinance (before the substitute) reveals that Councilor Winter understands the due process problem that we've been talking about, at least as far as the separation of interests and the appearance of conflict of interest. The basic idea is to create an appointed position of Chief Hearing Officer, who would be selected by the mayor and approved by the council. He would be responsible for hiring all of the hearing officers in the department. The Chief Hearing Officer could only be removed for "malfeasance" or "misfeasance."
In the State of New Mexico it is required that misdemeanor charges such as speeding are witnessed by a sworn law enforcement official. The creation of a parallel civil justice system by the City of Albuquerque circumvents this requirement.
You are probably thinking... so what? We've all seen someone hauling @%$ down the street and thought where's a police officer when you need one?! There's certainly a crime and a witness; but for the pesky state law that requires an officer to witness the crime that jerk would be doin' time. Ok... maybe not a trip to the big house, but at least their wallet would be a little lighter.
Remember, running red lights and even speeding are considered petty misdemeanors. The requirement that a law enforcement official witness this type of crime protects everyone from being the victim of harassment on a regular basis. Without it, anyone with an axe to grind could make an accusation against anyone they dislike without regard to the allegations validity. Further, these accusations wouldn't be known by the accused until well after the alleged crime.
We don't know about you, but we drive the Eye Mobile down a lot of roads with a lot of different speed limits and go through a lot of different intersections. We can't specifically remember ANY of them from today, much less a few days ago. If some miscreant decided that they wanted to see us punished for something, anything we'd be an easy target because, while we make every attempt to obey all traffic laws, we can't tell you the exact speed limit on every street, or tell you for sure that we haven't accidentally run a red light in the last few days.
Mayor Marty and his minions over at RedFlex count on this, in fact they even go so far as to limit the defenses that you have to just three.
In other words, if your vehicle has not been stolen or sold to someone else, you have to rely upon the evidence provided by the prosecution (the city and RedFlex) to prove your innocence because you have been denied the opportunity to gather independent evidence by the fact that most drivers don't know about the "violation" until at least 10 days after it occurs.
Don't get us wrong, we're not criticizing the councilor's attempt to do something to fix the program it's more than anyone else has done thus far. In fact The Mayer (Councilor Mayer) withdrew her proposal O-07-87, that would have lowered fines before it was heard Monday. Of course that would be like putting lipstick on pig, but she didn't even have the courage to follow through on that miniscule attempt to make the scam-eras more palatable.
A step in the right direction... maybe. But we're still of the opinion that the scam-eras and their accompanying quasi judicial system have got to go. Until drivers have the opportunity to know they've committed a crime at the time of the crime's commission they will continue to have to rely upon the state and their contractors for their defense; both of whom have a direct financial interest in providing evidence that the "violator" is guilty. The scam-eras aren't justice, they don't even improve safety... it's time that the Almighty One and the council admit that they screwed up instead of continuing to screw the public.
A review of the proposed ordinance (before the substitute) reveals that Councilor Winter understands the due process problem that we've been talking about, at least as far as the separation of interests and the appearance of conflict of interest. The basic idea is to create an appointed position of Chief Hearing Officer, who would be selected by the mayor and approved by the council. He would be responsible for hiring all of the hearing officers in the department. The Chief Hearing Officer could only be removed for "malfeasance" or "misfeasance."
(Sidebar)Councilor Winter's approach seems to fix the problem of the Almighty Mayor having influence over hearing officers however; it doesn't address all of the problems associated with receiving a fair hearing. The most obvious problem is that the accused is denied the ability to present a viable defense, particularly in the case of speeding violations.
Perhaps Councilor Harris would like to apply for the job after October. Although there seems to be mounting evidence that Mr. Harris might qualify for removal on those terms as well.
(End Sidebar)
In the State of New Mexico it is required that misdemeanor charges such as speeding are witnessed by a sworn law enforcement official. The creation of a parallel civil justice system by the City of Albuquerque circumvents this requirement.
You are probably thinking... so what? We've all seen someone hauling @%$ down the street and thought where's a police officer when you need one?! There's certainly a crime and a witness; but for the pesky state law that requires an officer to witness the crime that jerk would be doin' time. Ok... maybe not a trip to the big house, but at least their wallet would be a little lighter.
Remember, running red lights and even speeding are considered petty misdemeanors. The requirement that a law enforcement official witness this type of crime protects everyone from being the victim of harassment on a regular basis. Without it, anyone with an axe to grind could make an accusation against anyone they dislike without regard to the allegations validity. Further, these accusations wouldn't be known by the accused until well after the alleged crime.
We don't know about you, but we drive the Eye Mobile down a lot of roads with a lot of different speed limits and go through a lot of different intersections. We can't specifically remember ANY of them from today, much less a few days ago. If some miscreant decided that they wanted to see us punished for something, anything we'd be an easy target because, while we make every attempt to obey all traffic laws, we can't tell you the exact speed limit on every street, or tell you for sure that we haven't accidentally run a red light in the last few days.
Mayor Marty and his minions over at RedFlex count on this, in fact they even go so far as to limit the defenses that you have to just three.
1. The vehicle was stolen or otherwise being driven without your knowledge or permission at the time of the violation. You must have a police report or other reliable evidence to avail yourself of this defense.
2. The ownership of the vehicle had lawfully been transferred and conveyed from you to another person before the time of the violation. To assert this defense, you must identify the transferee and provide proof of conveyance.
3. The evidence does not show that a violation was committed involving the subject vehicle.- City of Albuquerque Notice of Violation
In other words, if your vehicle has not been stolen or sold to someone else, you have to rely upon the evidence provided by the prosecution (the city and RedFlex) to prove your innocence because you have been denied the opportunity to gather independent evidence by the fact that most drivers don't know about the "violation" until at least 10 days after it occurs.
Don't get us wrong, we're not criticizing the councilor's attempt to do something to fix the program it's more than anyone else has done thus far. In fact The Mayer (Councilor Mayer) withdrew her proposal O-07-87, that would have lowered fines before it was heard Monday. Of course that would be like putting lipstick on pig, but she didn't even have the courage to follow through on that miniscule attempt to make the scam-eras more palatable.
A step in the right direction... maybe. But we're still of the opinion that the scam-eras and their accompanying quasi judicial system have got to go. Until drivers have the opportunity to know they've committed a crime at the time of the crime's commission they will continue to have to rely upon the state and their contractors for their defense; both of whom have a direct financial interest in providing evidence that the "violator" is guilty. The scam-eras aren't justice, they don't even improve safety... it's time that the Almighty One and the council admit that they screwed up instead of continuing to screw the public.
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