APD; Where the bad apples are the high hanging fruit.

We here at the Eye are constantly being sent information regarding the out of control corruption plaguing the city of Albuquerque. This time... we are only going to fill in the holes, while you, the reader, are given the information needed to form your own opinion, and see what is going on and why.

Attached, are documents outlining an attack on a woman, police officer, and mother, that occurred over three years ago. That case was dismissed on the grounds for a right to a speedy trial. Although everyone is believed to be innocent, until proven guilty, people do not get broken or swollen noses, lumped heads, fractured eye cavities, and bruised necks and arms, all at once, by sitting at home, watching their children.

The person accused of this crime was able to obtain a job as a hearing judge for Work Force Solutions, shortly after being charged with this felony. Funny thing is, he left the fact that he resigned, in lieu of being terminated from the Albuquerque Police Dept., for being indicted from his employment application for this job. Lying through omission? Now everyone in this state should know that this person has been hearing cases to decide wether or not former employees should be granted unemployment benefits.

An LEA-90 was filed on the defendant in this matter, back in 2013. The LEA board has been known for much disparity in their handling of cases concerning bias, and disparity in doled out discipline, based on who is the target, and who they are connected to, or know. Three years has gone by without any action on this person's certification, while other officers across the state have been revoked for much less, in a fraction of three years. This is interesting, because these hearings operate based on preponderance of the evidence, and APD's stance on the record in these matters is one in which they believe that you are still guilty civilly, and that merely having your criminal case dismissed, or not pursued, does not mean that what you were accused of did not happen. Obviously, not in this matter. Gordon Eden has stated that there are officers on the job that shouldn't be there, but he sits on his hands concerning certain cases. That is a fact. Do not be surprised to see where this is going people.

There is a pattern within APD of covering for those who promote the administration's agenda, are friends with high ranking city officials, OR WHO KNOW THINGS, ESPECIALLY BAD THINGS THAT COULD HURT THOSE ABOVE THEM. Knowing things is extremely helpful.

If you read the reports, you can see where the defendant was dropped off at Marble Brewery "with some friends" at 15:00 by the complainant. Those "friends" were Alex Catsis, who is a sergeant in APD SWAT, Troy Luna, who was with APD, but is now retired, and with HIDTA, a government drug trafficking enforcement agency, and Joseph Christman, who is currently a commander with APD, one of the next in line for a deputy chief position, and friends with CAO Robert Perry.

Our Eyes are telling us that individuals within the department have been very supportive of this individual, as they have been with Lieutenant Brachle, and officer Kieth Sandy.

Our Eyes are also telling us that the defendant in this case has a backup plan, in case he does not get his job back with APD. That backup plan involves obtaining employment with CIT inc., the counseling and training "non profit" that is operated by Troy Rodgers, and Leah Kelly Acata who is a current APD officer. That company was recently denied a contract with the city, for conflict of interest. This employment would have a job description of counseling officers, and training them in CIT (crisis intervention) matters. Again, read these reports, and see if you agree that this is how things are supposed to be.

The cozy relationship this twisted organization has had with certain reporters will soon be outed, as we here at the Eye continue to connect the dots. Standby, as we will be addressing some very disturbing issues in the not too distant future.

Some apples may be a little harder to reach, but our ladders are getting longer and longer.

Keep reading our humble Eye, and support the Albuquerque Free Press, the only paper not sanctioned by a bitter City CAO. Stop remaining silent. We encourage all employees to speak out, and post your comments. Let them all know that their behavior is over, by continuing to spread the damaging truth. It is not disrepute, when it is true, no matter how this dictatorship wants to spin it.

IN THE SPIRIT OF LEAKING MATERIAL CONCERNING THE LACK OF INTERGRITY WE ARE NOW POSTING JESSICA TYLER'S LEA-90 BECAUSE WE ARE TOLD SHE AND EDEN AND MAJ. MONTANO CONTACTED THE SHOOTING SUSPECT FROM THE PHO DOUBLE HOMICIDE AND WERE CLUELESS ON WHAT TO DO WHILE THEY WAITED FOR BACKUP AS THIS SUSPECT KILLED HIMSELF...

Pooof! It's 2016!

2015 is now history and our politicians will tell you all is just fine with Albuquerque. 

Fine for the top administration who just keep getting fatter off the work of the rest of us. Fat paychecks for all from a Mayor who gets caught in one lie after another to a Police Chief who can't even hold a press conference and has to have spokeperson hold them for him.

Good for top administration at the Police Department who took money away from the rank and file officers to feather their own overpaid nest.  It is a good year for Raymond Schultz that was never held accountable for Taser by the do nothing City Council.

For all of us nobodies, 2015 was not so good.  Violent crime has risen 10% while we have a shooting almost an a nightly basis.  People being murdered in their driveway trying to protect their property, or children being murdered in road rage or sitting in a home watching their friends play cards.  Children being abducted in car jacking and left alone in a cold parking lot. People being robbed while at shopping centers. Police Officers being shot while protecting us, such as Officer Golson. Police Officers murdered while protecting us such as Officer Webster (AND WE STILL WANT TO KNOW WHERE HIS BACKUP WAS ). 

Police Officers shot by his fellow Officer such as Officer Grant.  Officer Grant forced to file a lawsuit against The City to make them do the right thing to take care of his injuries.  Of course The City Attorney will tell you it was Officer Grant's fault.  We are number two in drug overdose death in the nation. In 2014 we were 49th in the nation for the economy, violent crime and jobs. In 2015 we improved by politician standards we dropped to number 50 in the nation.   There are not enough Police Officers on the street to protect us or to handle calls with seventy retiring now at the beginning of 2015.  Lies keep on coming from the politicians from a murder at a skate park that the video finally released shows a very different story from the one the politicians made up.  Lets not forget Renaldo Chavez in charge of releasing information to the media.  Mr.  Chavez was fired because he was not releasing information he was ordered not to by the politicians and he, how dare him, protested their lies and criminal actions! So now another lawsuit because the politicians are caught in yet another lie. But not to worry the politicians take care of themselves.  Look a Councilmen Winter. Appointed to take over at A.P.S. until a new top administrator was found. Now appointed Secretary Of State.  Wow what a retirement! We have heard that you're buying a home in Florida Mr. Winter. Is it true?  We have a Secretary Of State in jail, and a Governor who knows how to throw one hell of a party and is the laughing stock of the country.

Never fear all is well. We did have a hot air balloon raise a Civic Plaza to ring in 2016, but there were not hundreds in attendance as the politicians said, there were at most a few dozen. Perhaps it was the gunfire at midnight that kept people away.

duRAN!

Run Dianna Run!!!

As all of us nobodies know by now, former Secretary Of State Dianna Duran under a plea deal was allowed to run and plead guilty to six of sixty five criminal charges. 

Duran resigned, has to pay back $14,000 to political donors, and spend five years on supervised probation. Duran will escape a fine against her and will keep her State Retirement as part of the plea deal. 

What if you were accused of 65 criminal counts? Do you really think all but six be tossed out? Do you think you would get probation? Does anyone believe that Duran will sit in a waiting room for hours waiting her turn to meet with her probation officer. Does anyone believe that Duran will really pay back $14,000 donors?  

Have any of your family or friends been convicted of a crime? What happened to them?  Do you really think that if you had a State Retirement it would be protected? Ask any Police Officer that has been terminated on trumped up charges just to make the administration and lets not forget Schultz look good. Their lives have been turned upside down. They have lost everything including their retirement. Police Officers are just like the rest of us nobody's, no one to protect them or you. We at the EYE are sure Duran will receive a huge retirement, at least six figures.  

If anyone knows that number please let us know.  What about Ray Schultz?  We at the EYE know that a complaint was filed by a former Sergeant on A.P.D. regarding Taser well over a year ago with State Attorney General Office. Then another sergeant filed a LEA-90 against Schultz we are told. But nothing is coming from that we hear.

Bottom line, if your somebody, you will skate on anything. If you’re a nobody, you will get book thrown at you. Even Duran said she did a great job as Secretary Of State. What does this tell our children that when you are an office holder of one of the most important positions in the state's government and you use your office to violate the law, you get your hand slapped? Mayor Berry and his deputy Mayor Kent Walz want to blame Santa Fe for the turnstile justice of repeat offenders. Well this begins with law breakers like DuRAN, not the bottom feeders our officers deal with every day.

P.S. The Eye congratulates APD Officer Jeremy Dear for winning his appeal against the City and the Berry/Perry administration.

WELCOME TO ALBUQUERQUE! ENTER AT YOUR OWN RISK!!!

UPDATE. Here is a link for APD Officer Dan Webster's fund raising page: https://www.gofundme.com/e56yf4rt

If people know of one for APD Detective Jacob Grant Please let us know for his injuries injuries caused by the careless conduct of APD Lt. Greg Brachle.

Do you watch the local news?  We at the EYE  ask this question because if you do you will surely realize that CRIME in Albuquerque is out of control and that the Police can't protect you.  In fact you might be expected to act as the police.

A few examples as reported by local media, KRQE reports a police dispatcher tells the victim of a car  theft in which her stove top was contained in her car that was stolen.  After seeing the stove top for sale on the internet, the dispatcher to her to play detective and act as if she is interested in purchasing the stove top. Wait she should put herself in danger ?  Do we have a Police Department ?  

Sonic Restaurant , Montgomery at Eubank street racers getting in fights and raising hell to the point where surrounding businesses are in fear for the safety of their customers and employees.  These businesses had to go to the extreme of building fences to keep the hell raisers out.  

Adams at Zuni , three people run down by a hit and run driver and sent to the hospital in critical condition. 

Central at Tramway, one person run down by a hit and run driver and sent to the hospital in critical condition.  KOAT reports that violent crime is up 15%  in Albuquerque. KOB reports  that women are the victims of robberies while sitting in their cars at shopping centers.  Bodies are being found across the city, in driveways, along the roadside, in vacant lots, and in allies, almost on a daily bases. 

Even the bike paths are not safe. The city has even had signs put up on the bike paths from 12th Street to Rio Grande along I-40:  RIDE AT YOUR OWN RISK.  

Barbara Taylor, city spoke person tried to spin it saying similar signs have been put up in other cities and showed examples. No other sign said ride at your own risk. Well Barbara this is not other cities, this is our city.  By the way, our brand new sign was covered in graffiti.  What is next ? Are we going to give up parts of the City to the criminals? Looks like we already have.  

Here is the TRUTH, The Police can not protect you , all they can do is respond and pick up the pieces.  You must protect yourself.  Mayor Berry lies about staffing problems but we will look at that in another story. If you didn't vote you are partly to blame.  Things will never change until we nobody's force a change by using the power of the vote. It has gotten to the point that signs need to be erected along I40 and I 25 stating:

  "WELCOME TO ALBUQUERQUE! ENTER AT YOUR OWN RISK!!!"

VoteLESS

Did you know there was a recent local election? We at the EYE told all of you. We guess you didn't hear us.  

 

Are you happy that now for every one hundred dollars you spend you will now be taxed forever thirteen cents to fund the zoo?  If the money even ever finds its way to the zoo that is. 

 

Are you happy about the fact that The City Council has a say in the hiring of a Police Chief ?   

 

Are you happy with The City Council Election? 

 

Do you even know who ran or was elected?   

 

We at the EYE do hope you are all happy, you must be, you must like things as they are, because 92%  of you didn't vote ( as reported on KOAT CH7 ).  We saw the interviews and heard the excuses...I had to work, I forgot, what's next, I  to wash my car , or vacuum my rug?  

 

As you know we at the EYE seldom agree with The City ,but in this case they have it right.  There is early voting, absentee voting, and voting on election day 7am to 7 pm. Come on folks really.  If the  92% of you that didn't vote would of voted, who knows what the outcome would of been.  The same held true to form in the last Mayor Election,  13%  of you voted, that left  87% that did not vote.

 

Albuquerque is allowing the special interest groups to  run this City just by voting they control you. You allow them to control you by not voting. There are far more of us nobody's than there are of the special interest. The difference is the special interest votes and the nobody's don't. Do you want to change Albuquerque?  You want politicians to be held accountable?  Do you want to end corruption?  All of us nobody's have the power to change things.  All it will take is a half hour of your time. All you have to do is vote.

 

Nothing scares a politician more than a huge turnout at the polls. For the 8% that did vote, thank you.

The Honorable Chief, Bob V. Stover

It is truly with a heavy heart and sincere sorrow we must all say our goodbye's to Chief Bob V. Stover, who recently passed.

Our senior Eyes tell us Chief Stover was the BEST Chief of Police the Albuquerque Police Department has had in the past 35 years. We are told Chief Stover was a no nonsense type leader. Stover was not a politician's political appointee and pawn like many others such as Joe Polisar who's wife was related to Marty Chavez; or Gil Gallegos who was only appointed because of his political ties to the FOP; or Ray Schultz who was brought in by Chavez to rescue APD but instead ruined the Department; and recently the newest political appointee, the inepter and incompetent Gordon Eden who was appointed by the same type of incompetence, RJ Berry.

For many of us who have lived in Albuquerque all of our lives we have seen chief's come and go. Only one chief has ever stood out as a real Chief of Police; a real leader; that person was Bob V. Stover. One can only imagine in the ruins of APD being able to say Chief and real Leader in the same sentence; because right now that is impossible.

Our sincere condolences to the Stover and Garcia families. We know what a tragic loss you have suffered.

For the coppers who knew Chief Stover and to all the law enforcement family; you also have our condolences for you will soon hear the Alert Tone. PD to ALL UNITS; 10-3!

Is this the Start of the END for APD?

Below is the official complaint filed against APD, the APD Academy and the rest of what some refer to as incompetent leaders.  Please read on to see the "Piercing Truth."  It appears the City, APD and their leaders did knowingly, willingly and unlawfully allow these illegal acts to take place.  Here comes another 4.5 million dollars in liability.


But Berry continues to hold and embrace his inepter choices...Berry, you are your worst enemy; forget the run for Governor.  You have ruined your own chances.

STATE OF NEW MEXICO




COUNTY OF BERNALILLO


SECOND JUDICIAL DISTRICT COURT

JOHN CORVINO,




Plaintiff,


No.:


v.

THE CITY OF ALBUQUERQUE ex rel


THE ALBUQUERQUE POLICE DEPARTMENT,


GORDEN EDEN, Jr., JOSEPH WOLF, and


MICHAEL ARCHIBEQUE (in his




official and individual capacity),


Defendants.

COMPLAINT FOR DAMAGES FOR


WHISTLEBLOWER PROTECTION ACT VIOLATIONS,


PRIMA FACIE TORT, AND EMOTIONAL PAIN AND SUFFERING


I. CONCISE STATEMENT OF THE CASE



Plaintiff John Corvino ("Corvino") is a thirty-year veteran police officer with over twenty-five years as an officer of the Albuquerque Police Department ("APD"). With decades of service as an experienced patrol officer, Corvino retired from APD in December, 2005 whereafter he was rehired by APD in January 2007 and assigned to the department’s police academy—specifically its Advanced and Basic Training Units. While assigned to such units, Corvino provided thousands of hours of instruction to hundreds of APD cadets, APD officers, and to personnel from other law enforcement agencies from across the county. As a police instructor, Corvino holds numerous New Mexico Department of Public Safety ("NMDPS") certifications to teach police cadets and police officers specialized and high risk subject matter including Use of Force, Verbal Defense and Influence, and Emergency Vehicle Operations.



FILED IN MY OFFICE DISTRICT COURT CLERK 5/7/2015 11:16:28 AM James A. Noel Patricia Serna D-202-CV-2015-03865Page 2 of 17



Corvino also holds NMDPS Master Instructor Certification to teach Basic Police Instructor Training and Intermediate Force Instructor Training (defensive tactics). Unlike basic or specialized certification, Master Instructor certification authorizes Corvino to provide NMDPS accredited instruction and to certify upcoming instructors.


As an APD Academy police instructor, Corvino was bound to follow and comply with his department’s Professional Accountability Bureau standard operating procedures and rules of the New Mexico Administrative Code ("NMAC") concerning such police instruction. Such requirements include being the department’s lead instructor in specialized matters, maintaining and updating training records, and ensuring compliance with NMDPS requirements. In October 2013, while the Academy operated at the direction of its civilian director, Joseph Wolf, and its sworn officer commander, Lieutenant Michael Archibeque, nearly two-dozen officers attended two separate defensive tactics instructor certification classes to wit "Intermediate Force Instructor Certification" and "Ground Control Instructor Certification" at the academy. At Defendant Archibeque’s direction, these classes were held as instructor classes whereafter graduates would be NMDPS certified instructors authorized to teach defensive tactics to students including APD police cadets. In order for the classes to be accredited whereby graduates received valid instructor certifications, pursuant to the rules of the NMAC governing such classes, only instructors certified as defensive tactics Master Instructors could teach such classes. Instead of having Corvino teach the classes, who is certified as a Master Instructor in defensive tactics, Wolf and Archibeque brought in personnel from outside APD’s academy who were not certified Master Instructors in any police training subject matter.

Upon learning of this deficiency in the instructors’ qualification, and thereby in violation of NMAC rules, Corvino informed Archibeque, Wolf, and personnel at the New Mexico Law Page 3 of 17



Enforcement Academy ("NMLEA") that because the courses were not compliant with the NMAC, none of the graduate’s certificates were valid. Despite Corvino’s obligations as a police officer to uphold the law, and his assignment related responsibilities to ensure proper compliance with APD procedures and NMAC rules, Corvino was told by at least Wolf and Archibeque to cease all contact with NMLEA personnel and was further told that there was no defect in the October classes or their graduates. Additionally, Corvino was then presented a letter to sign, fabricated by Wolf (but in Corvino’s name), that falsely stated Corvino provided oversight of the October classes and that they complied with NMDPS requirements. Corvino refused to sign the letter. Recognizing that failing to correct the invalid instructor certifications posed to invalidate the instruction of police cadets and other students, Corvino informed and communicated with NMLEA personnel of Archibeque and Wolf’s actions in personal conversations and written documents.

In response to Corvino contacting NMLEA personnel concerning the actions and inactions of Archibeque and Wolf, Archibeque spoke with APD Deputy Chief William Roseman who advised Archibeque to initiate an APD Internal Affairs unit ("IA") investigation of Corvino, which Archibeque did. In the months following Archibeque’s contact with IA, Corvino was ostracized and excluded from social and professional activities at the Academy and, among other retaliatory actions, barred from providing instruction to police cadets. With IA concluding the investigation of Corvino in July 2014, APD Chief Gorden Eden imposed an eighty-hour unpaid suspension as final discipline upon Corvino because of his alleged violations of APD procedures which included insubordination, bringing the department into disrepute, and releasing confidential department material. Page 4 of 17



In fact, during a period whereby the United States Department of Justice was investigating APD and its officers for a pattern and practice of excessive force, Corvino sought to intervene to correct invalid training and certification in order to keep the department from disrepute and further harm. As a consequence of his efforts to ensure defensive tactics training was compliant with state rules, and thus the instructor’s certification to teach and cadets’ certifications as police officers valid, Eden, Wolf, and Archibeque retaliated against Corvino by adversely affecting his employment by suspending him without pay, making his working conditions unenjoyable and intolerable, and subjecting him to emotional harm and mental anguish. Eden, Wolf, and Archibeque additionally failed to remedy the invalid certifications for instructors who, upon information and belief, continue to teach defensive tactics instruction to cadets to this day. Additionally, the of the validity of as many as one-hundred police officer’s certifications remain in question and in doubt because of the invalid training provided to them.

Corvino brings this complaint under NMSA 1978, §10-16C-1 et seq, the Whistleblower Protection Act, and New Mexico common law for damages resulting from the illegal retaliation against him for engaging in protected activities while employed by the City of Albuquerque.







II. JURISDICTION AND VENUE



1. Jurisdiction and venue are proper in state court pursuant to NMSA 1978, §10-16C-4. All of the parties reside in New Mexico and the acts and inactions complained of occurred in Bernalillo County and the State of New Mexico.

III. PARTIES



2. Plaintiff John Corvino ("Corvino") was employed by the City of Albuquerque as a police officer and was assigned positions at APD’s Police Academy from January 2007 through April 2015. Page 5 of 17



3. Defendant City of Albuquerque is a municipality in the State of New Mexico and a public


employer.


4. Defendant Gorden Eden is employed by the City of Albuquerque as the chief of the Albuquerque Police Department and was the department’s highest ranking sworn police officer during the period of the allegations contained herein.


5. Defendant Joseph Wolf was employed by the City of Albuquerque and was the civilian Director of Training at the Albuquerque Police Department Police Academy and Corvino’s civilian supervisor during the period of the allegations contained herein.


6. Defendant Michael Archibeque is employed by the City of Albuquerque and is the sworn police officer commander at the Albuquerque Police Department Police Academy "Chief of Staff" overseeing Corvino during the period of the allegations contained herein.

IV. FACTUAL ALLEGATIONS



7. Corvino re-alleges and incorporates herein the allegations referenced as if set forth herein.


8. Corvino was hired by the City of Albuquerque and employed as an officer of the Albuquerque Police Department in 1988 and retired as a police officer in December 2005. Corvino was an APD Reserve Police Officer during his brief period of separation from the city after retirement.


9. Corvino was rehired by the City of Albuquerque in January 2007 as a police officer whereby he was assigned to APD’s Police Academy and remained there until his resignation in April 2015.

10. Assigned to APD’s Police Academy, Corvino held positions as an instructor in the academy’s Basic Training Unit as well as its Advanced Training Unit. As an instructor in those units, Corvino provided thousands of hours of instruction to department cadets, non-Page 6 of 17



department cadets, and sworn law enforcement officers from APD as well as other in state and out of state agencies.


11. Corvino holds NMDPS instructor certifications in general police instruction, use of force, emergency vehicle operations, Taser, law enforcement fitness, and defensive tactics among others. With these certifications Corvino is able to teach NMDPS accredited classes of those and other subject matters to police cadets and police.


12. Corvino holds NMDPS Master Instructor certifications in Basic Police Instructor and Intermediate Force Instructor subject matters. With these certifications Corvino is able to teach NMDPS accredited classes to students who upon successful completion of the instruction are approved and certified to teach classes of those subject matters to police cadets and police officers.


13. "Intermediate Force" instruction is referred to generally as defensive tactics instruction and is recognized by the NMLEA and 10.29.4.10(C)(1) NMAC as a high-risk subject matter of instruction.


14. Defendant Wolf, upon information and belief, holds no NMLEA certifications to teach police officers or police cadets any subject matter of instruction.


15. As Director of the APD Academy, Defendant Wolf’s responsibilities were outlined in APD standard operating procedures ("SOP"). Such responsibilities included:


A. "Executive oversight of the Police Academy and Training staff and compliance with Department Standard Operating Procedures, city personnel regulations, collective bargaining agreements, and city, state, and federal laws and regulations."

Page 7 of 17

　




B. "Liasion with the Department of Public Safety, regarding training standards/requirements, and establishing and enforcing appropriate contracts and other operating agreements."


C. "Direction, quality, discipline and administrative control of all training staff; review and approval of performance evaluations/feedback, commendations, and disciplinary recommendations."


16. Defendant Archibeque holds several NMLEA certifications to teach police officers or police cadets a variety of subject matter including firearms, use of force, and emergency vehicle operations among other subject matter areas. Upon information and belief, Defendant Archibeque has not led one class of instruction to any police cadets or police officers.


17. As the APD Academy Lieutenant, Defendant Archibeque’s responsibilities are outlined in APD SOPs. Such responsibilities include:


A. "Ensuring compliances with Standard Operating Procedures, city personnel regulations,


collective bargaining agreements, and city, state, and federal laws and regulations."


B. "Assisting the Director of Training with liaison responsibilities with the Department of Public Safety, regarding training standards and/or requirements."


C. "Ensuring direction, quality, discipline and administrative control of all training staff; review and approving performance evaluations/feedback, commendations, and disciplinary recommendations."


D. "Serve as the Police Academy’s principal subject-matter-expert (SME) on APD organization and operations."

Page 8 of 17


18. The APD Police Academy is recognized as a NMLEA authorized satellite academy pursuant to 10.29.5 et seq. NMAC and among its responsibilities is to provide basic training to APD police cadets who upon successful graduation become APD police officers.




19. In October 2013, at the direction of Defendant Archibeque, two classes were held at APD’s Police Academy to increase the number of APD’s defensive tactics instructors. From October 7-11, 2013, sworn officers attended the Intermediate Force Instructor Certification ("IFIC") class, and from October 14-18, 2013, sworn officer attended the Ground Control Instructor Certification ("GCIC") class. Successful graduates of both courses desired to be NMDPS certified defensive tactics instructors.


20. The primary and lead instructor for the two classes referenced in Paragraph 17 was Vicente Alvarado. Mr. Alvarado is a former APD officer and does not possess a NMDPS Master Instructor certification in any police training subject matter.


21. Alvarado had previously been denied issuance by NMDPS of Master Instructor certification in defensive tactics as recently as August 3, 2011.

22. Under 10.29.4 et seq. NMAC, the rules by which personnel interested in becoming law enforcement instructors may be certified by NMDPS as general instructors, specialized instructors, and master instructors is defined. The NMDPS follows the higher education model whereby general and specialized instructors receive their certifications to teach by attending, and successfully completing, classes led and administered by NMDPS certified master instructors.

23. As Alvarado was not a NMDPS certified Master Instructor in defensive tactics, all attendees of both October 2013 classes were not in compliance with NMLEA and NMAC rules and as such, all attendees who were issued certifications were issued certifications that were void. Page 9 of 17



24. Upon information and belief Alvarado has previously provided invalid defensive tactics instructor training to other APD personnel as early as April 1, 2011 when Alvarado did not possess Master Instruction certification then either. Upon information and belief, such personnel have thereafter provided invalid defensive tactics instruction to police cadets since April 2011.


25. Upon information and belief, attendees of the two October 2013 classes have provided defensive tactics instruction to police cadets and police officers. As the certifications of these attendees are void, any such training rendered to other personnel is as a direct consequence, also void.


26. Pursuant to NMLEA rules, police cadets must complete at least sixty-hours of defensive tactics instruction as part of their basic police training program. Such instruction requires cadets to be instructed and evaluated for proficiency by NMDPS certified defensive tactics instructors.


26. Pursuant to 10.29.9.18(A) NMAC, only students who successfully complete a basic police training program and have completed all requirements under the minimum standards of training are allowed to take the New Mexico law enforcement officer certification exam.

27. Pursuant to 10.29.5 et seq.NMAC, the NMLEA has authority over the APD Police Academy to ensure, among other things, its instructors and curriculum are accredited. Such requirements concerning instructions includes that high risk instruction, such as defensive tactics, must be instructed by personnel certified by NMDPS in those areas of instruction. Furthermore, pursuant to 10.29.5.13 NMAC, the director of the NMLEA has direct authority to monitor and evaluate the APD Police Academy and initiate decertification proceedings. Page 10 of 17



28. Upon information and belief, cadets from at least APD’s 105-110 cadet classes who received voided defensive tactics instruction have taken the New Mexico law enforcement officer exam.


29. During the time APD IA was investigating Corvino for alleged SOP violations, and before the filing of this complaint, Defendant Eden issued orders to APD employees forbidding them from meeting with or communicating with United States Department of Justice officials.


30. Since disciplining Corvino, Defendant Eden stated on about April 15, 2015, that his "duty as a police chief is to protect the person who came forward with that information to make sure there is no retaliation" regarding a cadet who alerted APD personnel of alleged misconduct by an APD officer. With such a statement, Eden acknowledges and confirms that APD personnel can be subject to retaliation and need protection.


31. Defendant Eden also said on about April 15, 2015, that referring investigations of misconduct by APD personnel to outside agencies is, "for the protection of whistleblowers because such persons are less likely to face retaliation if the investigation is handled outside of APD."


32. With respect to personnel who have alerted APD personnel of misconduct by other APD personnel, Defendant Eden said on about April 14, 2015, that he "is worried for the safety of the employee who made the report. If we provide any further information, it may put that employee in jeopardy. We are not going to do that."

CORVINO’S PROTECTED ACTIVITY



33. Upon awareness of the October 2013 defensive tactics instructor classes, Corvino contacted NMLEA personnel to ascertain the certification credentials of Alvarado whereby he was Page 11 of 17



told Alvarado was not certified as a NMDPS Master Instructor in any law enforcement subject matter.


34. Upon being informed of Alvarado’s certification deficiency, Corvino told Defendant Archibeque and Defendant Wolf of invalidity of the October 2013 defensive tactics instructor classes. Corvino was told by Defendants Wolf and Archibeque, and APD Police Academy Sergeant David Jaramillo, not contact or talk with NMLEA personnel regarding APD personnel certifications any more for any reason.


35. As part of his APD Police Academy position, and as a NMLEA certified defensive tactics Master Instructor, Corvino spoke with and was in contact with NMLEA personnel on a weekly basis. After being told not contact NMLEA personnel by Defendants Wolf and Archibeque, Corvino continued to contact NMLEA personnel in compliance with responsibilities of his position.


36. On about December 4, Corvino told and informed personnel at the NMLEA of his concerns of the October 2013 defensive tactics instructor class up to and including the director of the NMLEA. Corvino informed NMLEA personnel that the harmful consequences of the invalid certifications upon APD and the cadets who were given the invalid instruction would be immeasurable because it was unclear if the cadets were receiving training compliant with NMLEA accreditation requirements.

37. On about December 11, 2013, Defendant Wolf wrote a letter on APD letterhead fabricating facts relating to Corvino overseeing the October 2013 defensive tactics instructor classes and approving of the instruction [Attached herein as Exhibit #1]. Defendant Wolf’s letter was presented to Corvino for him to sign as if he had written it. Corvino refused to sign the letter or otherwise endorse it or the facts alleged in it. Page 12 of 17



38. After refusing to the sign the letter, Corvino was advised by APD Academy Sergeant James Collins that there was a copy of Defendant Wolf’s letter in his mailbox and that Corvino could take the copy. Corvino took a copy and made a digital image of it.


39. On about December 18, 2013, after informing Defendants Wolf and Archibeque of his concerns about APD Police Academy continuing to have personnel uncertified to teach defensive tactics to police cadets and his discussions with NMLEA personnel, Corvino was ordered by Sergeant David Jaramillo not to contact NMLEA regarding APD personnel certifications.


40. While again up at the NMLEA on about February 5, 2014, Corvino showed and provided NMLEA personnel a copy of Defendant Wolf’s letter alerting them to his concerns that not only did he refuse to sign such a letter but that if such a letter were to be sent to NMLEA he did not endorse it.

RETALIATION



41. In February 2014, Defendant Archibeque became aware of Corvino’s actions of informing NMLEA personnel of the invalidity of the October 2013 defensive tactics class and providing them with a copy of Defendant Wolf’s letter. Defendant Archibeque spoke with APD Deputy Chief William Roseman concerning the matter and then wrote a memorandum on about February 21, 2014 requesting an IA investigation into Corvino and his actions.

42. In his memorandum to IA, Defendant Archibeque alleged Corvino’s behavior had been "detrimental to the APD academy and now the department as a whole." Defendant Archibeque further alleged that Corvino, "…constantly [has] done all that he can do to bring a negative image to the Academy and the Albuquerque Police Department[.]" Page 13 of 17



43. In the weeks and months following Defendant Archibeque’s memorandum to APD IA, Corvino was excluded and ostracized from APD Academy events. Such exclusion included Defendants Wolf and Archibeque disallowing Corvino from teaching police cadets entirely and discontinuing other training opportunities with cadets such as scenarios.


44. Corvino was excluded from APD Academy personnel events including birthday or promotion celebrations, denied issuance of Academy physical fitness apparel, given the silent treatment, was subjected to increased scrutiny, denied use of the APD Academy gym, was excluded from providing training to other personnel while other non-academy personnel were brought in, excluded from providing instruction to APD Police Service Aids, was criticized publicly by supervisors in front of other non-department officers, had his office removed and was ordered to relocated to a cubicle, had his department issued car replaced with an older used model, was disallowed to go home early on occasions where others were allowed to leave early, and additionally found his office tampered with the morning following evening training scenarios.


45. At no time did Defendant Wolf protect Corvino, or act in opposition of such actions upon Corvino, from any such adverse actions upon Corvino’s employment or working conditions.

46. During the course of the IA investigation, Corvino was interviewed three times. Upon the conclusion of the investigation, the file was issued up to Defendant Eden who concluded Corvino had violated APD SOP’s concerning insubordination on the basis of his contact with NMLEA personnel, had engaged in conduct that could bring APD into disrepute based off of his contact with NMLEA personnel regarding the content of his contact with NMLEA personnel, and had not treated the official business of APD as confidential based off of Corvino’s disclosure of Defendant Wolf’s letter to NMLEA personnel. Page 14 of 17



47. During the course of the APD IA investigation, Defendant Wolf was also identified as a target for misconduct and was issued a letter of reprimand for his fabricated letter he sought to have Corvino sign and endorse.


48. During the course of the APD IA investigation, NMLEA personnel are interviewed by APD personnel. On about March 19, 2014, APD IA personnel are advised by NMLEA personnel that:


A. Corvino informed them of Alvarado’s October 2013 defensive tactics classes.


B. Personnel who took Alvarado’s October 2013 classes are not permitted to instruct police


cadets.


C. Alvardo’s application for Master Instructor certification was denied.


D. Defensive tactics is recognized as a high risk field of training.


E. Cadets who received training by attendee’s from Alvarado’s class would not have


certifications recognized by NMDPS.


F. Cadets who graduate from APD’s Police Academy technically would not be certified as


police officers because they technically would not have valid police officer certifications


in defensive tactics training.


49. During the IA investigation Defendant Wolf referred to NMLEA Master Instructor certifications as simply "honorary."


50. Defendant Wolf was named a target of the IA investigation of Corvino was issued a disciplinary letter of reprimand for the fabricated letter he wrote in Corvino’s name on APD letterhead.

51. Corvino’s discipline consisted of receiving an eighty-hour suspension whereby he lost forty Page 15 of 17



paid hours of work and a formal record of discipline was entered into his personnel file. In support of his effort to appeal his discipline through city administrative avenues, Corvino incurred significant legal fees and time spent in support of his appeal.

V. CLAIM I



52. Corvino re-alleges and incorporates herein the allegations referenced as if set forth herein.


53. Defendant City of Albuquerque is a public employer as defined by NMSA 1978, §10-16C-2C.


54. Plaintiff Corvino was a public employee of the City of Albuquerque as defined by NMSA 1978, §10-16c-2B.


55. Corvino had a reasonable basis to believe Defendants Wolf and Archibeque had acted unlawfully or improperly; when he reported their misconduct to NMLEA he acted in good faith.


56. Corvino’s actions and reporting supports good public policy.


57. Corvino’s actions and reporting of Defendants Wolf and Archibeque’s conduct with the NMLEA are activities expressly protected by sections §10-16C-2E and §10-16C-3A and B of the Whistleblower Protection Act.


58. The City of Albuquerque, by and through its employees Defendants Eden, Wolf, and Archibeque, violated the Whistleblower Protection Act by retaliating against Corvino for his activities by adversely affecting his employment, his working conditions, and disciplining him.

59. As a direct result of the City of Albuquerque’s illegal retaliation against Corvino, he was, and continues to be, damaged in an amount to be proved at trial, which includes, but is not Page 16 of 17



limited to: lost wages, lost overtime, humiliation including loss of professional reputation and standing, emotional distress and anguish, and other compensatory damages.

VI. CLAIM II—PRIMA FACIE TORT & INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS



60. Corvino re-alleges and incorporates herein the allegations referenced as if set forth herein.


61. Defendant Archibeque’s conduct in retaliation against Corvino was intentional and motivated by an intent to injure and harm Corvino, or was in reckless disregard of the fact that he would be injured and harmed.


62. As the APD Academy’s "Chief of Staff," Defendant Archibeque’s conduct and actions upon Corvino was extreme and outrageous under the circumstances and duration.


63. Corvino was in fact injured and harmed by Defendant Archibeque’s actions. As a direct and proximate result of Defendant Archibeque’s actions, Corvino experienced, and continues to experience, severe emotional distress.


64. Defendant Archibeque’s conduct was unjustified, or was without sufficient justification.


65. Defendant Archibeque’s conduct was outside the scope of his duties and responsibilities as defined by SOPs thus prohibiting application of the New Mexico Tort Claims Act.


66. Defendant Archibeque’s reckless and intentional conduct was such that imposition of punitive damages is justified.


WHEREFORE Plaintiff John Corvino respectfully requests this Court grant judgment in his favor and against Defendants based on the violation of the New Mexico Whistleblower Protection Act, common law violations, award actual damages, attorney’s fees and costs, special damages, and punitive damages against individual Defendant Archibeque.

VII. JURY DEMAND Page 17 of 17



Plaintiff respectfully requests a jury on all issues so triable.

VIII. REQUEST FOR RELIEF



WHEREFORE, Plaintiff seeks the following relief:


I. Actual and compensatory damages sufficient to make Plaintiff whole;


II. Punitive damages against Defendants sufficient to punish and deter their wrongful conduct;


III. Attorney’s fees, costs, and expenses;


IV. Such other and further relief as the Court deems just and proper.


Respectfully submitted,

/s/ Thomas R. Grover



Thomas R. Grover

GROVER LAW, LLC
9400 Holly NE, Bldg. 4


Albuquerque, NM 87122


Office: (505) 695-2050


Fax: (505) 944-1073


thomas@grover-law.com

Attorney for Plaintiff