Many of our readers have been buzzing about a transfer of former APOA President Lawrence Torres from the HR department back to APD. We've had our Eyes do a little digging and all of the rumors have been confirmed. On November 4th Lawrence Torres became a member of the Albuquerque Police Department... again.
Torres took a job in the Human Resources department about 3 1/2 years ago after serving as APOA President. According to our Eyes, his new (now old) job as Employee Relations Director was viewed as a reward for working with The Almighty Alcalde on union issues while serving as the APOA President.
The Eyes have it that Mayor-Elect Berry has been told expect a greater than $30 MILLION budget shortfall next year - despite Chavez administration claims of $12 MILLION. Torres' HR position was unclassified and with a looming deficit and a salary of over $82,000 a year... his job was certainly on the chopping block.
The problem for the Berry team is that Torres managed to take his $82,000 a year salary with him even though he's classified as a Patrolman 1st Class. P1Cs typically make between $48,000 and $51,000 a year.
There's yet another problem for the newly acquired patrolman, he may have let his state certification lapse. Our Eyes tell us that there has been some scrambling by The 5th Floor to make sure that Torres is still certified. They question whether or not Torres kept up his certification after his departure and note that his file down at the training academy suddenly grew after a hasty visit from Deputy Chief McCabe.
Torres isn't the first of Marty's Minions to be transferred from an unclassified position to a classified one and the Berry team is busy compiling a list of folks like Torres who have gotten special deals from the departing Alcalde. Some of these golden parachutes are going to be extremely hard to find and even harder to do anything about.
The Torres Transfer doesn't appear to be one of them even though Chief Schultz signed off on the transfer. Compensation for P1Cs is covered under the collective bargaining agreement and our Eyes tell us that sending Torres $82,000 salary with him is illegal.
Torres started his career as a member of the APOA. He left the union for the greener pastures of the Chavez administration - a move many members viewed with contempt. Now he's back in the union complete with an $82,000 a year parachute. Welcome back Lawrence!
Showing posts with label Mayor Martin Chavez. Show all posts
Showing posts with label Mayor Martin Chavez. Show all posts
Nov 10, 2009
Sep 3, 2009
Payoff?
In the land of Pay to Play, the pay is done by the taxpayers and the play by elected officials. The game is to cover each others, uh... backside and pick up some cash along the way. Wednesday, The Almighty Alcalde and the Queen of Root Beer Floats - Kari Brandenburg - held a news conference to announce that the city was going to pop for a couple of attorney's and a civilian staffer to work in the DA's office ostensibly to help prosecute those that have been prosecuted before.
Last Thursday the Journal quoted Brandenburg as saying...
The only way this makes any sense is in the context of a payoff. Brandenburg knows that she's facing a shrinking budget (No root beer floats for you!). Marty knows that an independent investigation of APD will turn up all sorts of embarrassing problems with The 5th Floor. The Almighty Alcalde simply can't afford to have a sitting elected official - particularly the DA - calling for an investigation of his administration.
The funny part is that we'll bet that Brandenburg has been had. The money ain't Marty's to blow and by the time the $275,000 doesn't show up the election will be over along with the mayor's incentive to fight the council for it.
Even more funny is that we're hearing rumors that outside parties are already poking around in the PD's past. Marty's move was most probably a payoff - one that Brandenburg will never receive.
The city of Albuquerque will start paying the District Attorney's Office $275,000 to prosecute repeat offenders.Of course Mayor For Life Marty didn't bother to get council approval he simply committed the money without all of that legal mumbo-jumbo required by the City Charter. More interestingly, the money comes almost a week to the day after Kari's major flip-flop on investigating APD.
At a joint news conference Wednesday, Mayor Martin Chávez and Bernalillo County District Attorney Kari Brandenburg announced that a team of prosecutors will be formed targeting suspects who have multiple convictions. The city will provide funding for the team for one year.
Last Thursday the Journal quoted Brandenburg as saying...
"I think it would be prudent for it to be turned over to an investigatory agency so they could look at it," she said. "We are interested in any injustice being done. I would certainly think the circumstances warrant for an independent investigation."By Friday...
District Attorney Kari Brandenburg said Thursday she will look at the cases her office prosecuted. She also said she feels APD can investigate the allegations involving the reserves making arrests.Perhaps Brandenburg was no longer interested in "justice being done" because Marty got out the city's checkbook in order to dump $275,000 into the cash strapped District Attorney's office. In the process Marty gets to go out and look like he's doing something to discourage repeat offenders.
She previously said an independent investigation was warranted, but clarified that APD should do its own independent investigation.
One of Chávez's opponents in the October mayoral election, Richard Berry, issued a statement after the news conference saying the announcement was "disingenuous."Of course none of this makes any sense. The city is going to provide two lawyers and a civilian for one year at a cost of $275,000 in order to get the DA's office to pursue repeat offender sentencing enhancements that they should be pursuing already. Exactly how does it cost more money and require three people to pursue a sentencing enhancement? The previous DA seemed to be able to do so.
"This is nothing more than a $275,000 smokescreen," Berry said in the statement. "In the last weeks of the campaign, Chávez is scrambling to appear tough on crime in the hope that voters will forget his record, but after 12 years as mayor, he has been unable to solve the problem."
The only way this makes any sense is in the context of a payoff. Brandenburg knows that she's facing a shrinking budget (No root beer floats for you!). Marty knows that an independent investigation of APD will turn up all sorts of embarrassing problems with The 5th Floor. The Almighty Alcalde simply can't afford to have a sitting elected official - particularly the DA - calling for an investigation of his administration.
The funny part is that we'll bet that Brandenburg has been had. The money ain't Marty's to blow and by the time the $275,000 doesn't show up the election will be over along with the mayor's incentive to fight the council for it.
Even more funny is that we're hearing rumors that outside parties are already poking around in the PD's past. Marty's move was most probably a payoff - one that Brandenburg will never receive.
Aug 29, 2009
Not Over Yet
Friday, The 5th Floor continued its campaign to shift the blame. The David Young debacle has the brass worried that the apparent multiple civil rights violations and repeated fraud will spur another law enforcement agency to take a long hard look at the department.
We told you that Sergeant, uh... Chief Schultz would try to shift the blame to someone. We just didn't expect that he'd shift it to an entire program. Somehow in the Chief's mind the problem with the program is the program not the paid, sworn supervisors in charge of using the reserve officers.
Meanwhile, the Root Beer Float Queen has flopped and flipped over whether or not it would be appropriate for an outside agency to do some digging on The 5th Floor.
The last thing Marty and his minions want is an independent investigation of APD. But we'll remind our readers on The 5th Floor and the City Attorney's office that there's plenty of reason to launch a criminal investigation and more than enough evidence to file a series of civil suits that will keep them busy for years to come.
Folks... It's not over yet. If for no other reason than attorney Mary Han isn't about to let it go. One of these days Marty's minions will go too far. Our Eyes tell us that they already have on more than one occasion. Stay tuned...
We told you that Sergeant, uh... Chief Schultz would try to shift the blame to someone. We just didn't expect that he'd shift it to an entire program. Somehow in the Chief's mind the problem with the program is the program not the paid, sworn supervisors in charge of using the reserve officers.
[Sidebar]The Chief's attempt to shift the blame to a bunch of volunteer officers who donate their time to the department in order to make us all just a little bit safer is simply reprehensible.
The 5th Floor has never, ever provided anyone with proof that it has 1,200 officers on its rolls. Our Eyes have contended for some time that their "count" included reserve officers. Now would be a good time to get a full accounting of all full-time, state certified, sworn officers on the payroll. What do you bet that Marty's claim of 1,200 evaporates along with the reserve program?
[End Sidebar]
Meanwhile, the Root Beer Float Queen has flopped and flipped over whether or not it would be appropriate for an outside agency to do some digging on The 5th Floor.
District Attorney Kari Brandenburg said Thursday she will look at the cases her office prosecuted. She also said she feels APD can investigate the allegations involving the reserves making arrests.It's not exactly surprising that Brandenburg would throw Marty and the Chief a bone - after all, she's carried Ray's water before. (Can you say Ben Kirby?) Besides, she's not exactly known for her prosecutorial prowess.
She previously said an independent investigation was warranted, but clarified that APD should do its own independent investigation.
The last thing Marty and his minions want is an independent investigation of APD. But we'll remind our readers on The 5th Floor and the City Attorney's office that there's plenty of reason to launch a criminal investigation and more than enough evidence to file a series of civil suits that will keep them busy for years to come.
Folks... It's not over yet. If for no other reason than attorney Mary Han isn't about to let it go. One of these days Marty's minions will go too far. Our Eyes tell us that they already have on more than one occasion. Stay tuned...
Aug 25, 2009
Incompetence or Corruption?
So which is it? Chief Schultz would have you believe that no one knew that reserve officer David Young was out there making illegal arrests, yet the Journal reported Monday that Lieutenant Rob Smith recommended him for the "Civilian of the Month" award back in June (ABQ Journal - Subscription). The nomination included the little tidbit about Young making misdemeanor and felony arrests.
Apparently, in addition to not reading state law regarding powers and authority of reserve officers, and time sheets, he also doesn't read his mail.
Meanwhile, David Young is out getting paid to fondle perps and make illegal arrests with the full knowledge of his supervisors. He was even put up for an award.
Our Eyes tell us that The 5th Floor actively tried to shall we say... loose the memo but it surfaced and a copy was given to the Journal's T.J. Wilham. Remember folks it's illegal to destroy public documents. More importantly, it's a violation of someone's civil rights to arrest them illegally. At best, detaining someone against their will without the proper authority to do so is a crime - a crime called kidnapping.
All of this potentially illegal activity is bound to draw the attention of outside investigators like the FBI or the Attorney General's office - perhaps both. Neither investigation would be particularly welcome to a mayor seeking re-election.
Last time The Almighty Alcalde faced an APD scandal before an election there was enough time for him to fire the Chief and effectively bury the story. This time around the timing couldn't be worse. Absentee ballots go out September 1 and our Eyes tell us that Young playing cop at the behest of his sworn superiors is just the tip of the proverbial iceberg.
But let's be clear... Chief Schultz and his cronies either knew about Young and are lying or like Sergeant Schultz knew nothing, heard nothing, and saw noooothing! You choose... incompetent or corrupt. In either case, Marty is responsible and there's no one else to share the blame.
Schultz on Friday said that he receives "letters all of the time" nominating people for the award and that, when he received the letter from Smith, he turned it over to a nominating committee.The first thing this reminded us of was the Chief's reaction two years ago to the news that Albuquerque was indeed a dangerous city where Schultz opined "I feel safe" (read it here). Our second thought was of the character in the classic sitcom "Hogan's Heroes," Sergeant Schultz. That's when we realized that the real Chief's reactions were not too different from the fictional Sergeant's - "I hear nothing, I see nothing, I know nothing!"
Schultz said he didn't know Young was earning overtime to do police work.
Apparently, in addition to not reading state law regarding powers and authority of reserve officers, and time sheets, he also doesn't read his mail.
Meanwhile, David Young is out getting paid to fondle perps and make illegal arrests with the full knowledge of his supervisors. He was even put up for an award.
Our Eyes tell us that The 5th Floor actively tried to shall we say... loose the memo but it surfaced and a copy was given to the Journal's T.J. Wilham. Remember folks it's illegal to destroy public documents. More importantly, it's a violation of someone's civil rights to arrest them illegally. At best, detaining someone against their will without the proper authority to do so is a crime - a crime called kidnapping.
All of this potentially illegal activity is bound to draw the attention of outside investigators like the FBI or the Attorney General's office - perhaps both. Neither investigation would be particularly welcome to a mayor seeking re-election.
Last time The Almighty Alcalde faced an APD scandal before an election there was enough time for him to fire the Chief and effectively bury the story. This time around the timing couldn't be worse. Absentee ballots go out September 1 and our Eyes tell us that Young playing cop at the behest of his sworn superiors is just the tip of the proverbial iceberg.
But let's be clear... Chief Schultz and his cronies either knew about Young and are lying or like Sergeant Schultz knew nothing, heard nothing, and saw noooothing! You choose... incompetent or corrupt. In either case, Marty is responsible and there's no one else to share the blame.
Aug 5, 2009
Yet Another Airport Scandal?
We've got to hand it to KOB... They've been on their game of late. Wednesday, Eyewitness News reported that the new tower at the Double Eagle II Airport was not only years behind schedule but cost over 4 times the amount that of a similar tower in Denton, TX (KOB.com). Hat Tip: Eye Reader
This is far worse than the observation deck fiasco (read it here), that only cost us twice the original $1 MILLION no-bid contract. Is this yet another airport scandal and will The Almighty Alcalde have to pay a political price?
"There were six or seven years between the time those funds were allocated by the federal government and the time the tower was actually operational, which was just this year," said Derek Larson, the airport advisory board chairman.What is it with Marty and airports? It appears that his administration can't seem to do anything without obscene cost overruns. If the Double Eagle II tower should have cost $800,000 and cost $900,000, we wouldn't be too concerned. But when the tardy tower ends up costing $2.7 MILLION more we're a bit concerned that perhaps the money's not going where it's supposed to.
Another issue is the tower's price tag.
Larson says a similar tower in Denton, Texas was built in only three years, at a price of $800,000. The Double Eagle tower took $3.5 million to build.
This is far worse than the observation deck fiasco (read it here), that only cost us twice the original $1 MILLION no-bid contract. Is this yet another airport scandal and will The Almighty Alcalde have to pay a political price?
Aug 4, 2009
Once, Twice, Three Times the Security
Back in 2003 the City Council passed an ordinance with the explicit purpose of reducing false alarms. As you would expect, the legislation created a system of fines for businesses and homeowners whose alarms habitually went off in error.
Yesterday, KOB-TV ran a story on the Armed Response Team. ART was a business quite literally created by Albuquerque's Alarm Systems Ordinance. Their business model is simple. When an ART covered alarm goes off, the Armed Response Team sends out a trained, armed professional to investigate the alarm. If there's evidence of a break-in, the ART responder contacts APD and waits for them to arrive.
ART's responders are made up of retired APD officers. In fact, ART was founded by a retired APD officer - Larry Sonntag.
Here's where things get a little strange... The City of Albuquerque has hired ART to provide alarm monitoring for its buildings.
In fact, DMD is in charge of providing security for all city-owned buildings and facilities. Our question is... why is the city hiring an outside security firm to provide security at city-owned properties when they have their own security force?
Our Eyes tell us that one reason may be that ART was running ads telling prospective customers that APD's response time to alarms was up to 8 minutes. In an election year when we've just discovered that a SERIAL KILLER had been and still could be operating in Albuquerque, having a local business harping on slow APD response times isn't good for the bosses' election chances.
Besides, even that 8 minute number is misleading. That's the time that it takes for an officer to arrive after the call has been dispatched, not the time it takes for APD to arrive on scene following a call for help. Even more disturbing, Chief Schultz doesn't seem to care.
(B) An alarm user shall pay a service fee of $150.00 for each false intrusion/burglar alarm, duress/hold-up alarm, or manually activated emergency assistance alarm notification emitted from an alarm system that is in excess of three false alarms in a permit year; $300.00 for each false fire, smoke, carbon monoxide or heat alarm notification emitted from an alarm system in a business in excess of three false alarms within a permit year; and $150.00 for each false fire, smoke, carbon monoxide or heat alarm notification emitted from an alarm system in a residence in excess of three false alarms within a permit year.- § 9-3-13 City of Albuquerque Code of Ordinances
For those alarm systems that trigger more than 10 times in a year, the fine jumps to $500 per occurence. In addition, every alarm is required to have a permit.
Look, we don't have a problem with the fines. Those of us who use alarms have the responsibility to keep those alarms in good repair. However, we as taxpayers support the Albuquerque Police Department through our tax dollars. Charging $25 a year simply to have the use of an alarm regardless of whether it has ever been tripped is nothing but a money grab by the city. We get to pay extra taxes because we've taken steps to make sure our homes and businesses are more secure.
Look, we don't have a problem with the fines. Those of us who use alarms have the responsibility to keep those alarms in good repair. However, we as taxpayers support the Albuquerque Police Department through our tax dollars. Charging $25 a year simply to have the use of an alarm regardless of whether it has ever been tripped is nothing but a money grab by the city. We get to pay extra taxes because we've taken steps to make sure our homes and businesses are more secure.
Yesterday, KOB-TV ran a story on the Armed Response Team. ART was a business quite literally created by Albuquerque's Alarm Systems Ordinance. Their business model is simple. When an ART covered alarm goes off, the Armed Response Team sends out a trained, armed professional to investigate the alarm. If there's evidence of a break-in, the ART responder contacts APD and waits for them to arrive.
ART's responders are made up of retired APD officers. In fact, ART was founded by a retired APD officer - Larry Sonntag.
Here's where things get a little strange... The City of Albuquerque has hired ART to provide alarm monitoring for its buildings.
The city just hired the Armed Response Team (ART) to follow up on alarms at about 40 city-owned buildings, like community centers.Our Eyes tell us that one of the most frequent violators of the Alarm System Ordinance is the City of Albuquerque itself. So... In order to get a handle on their own violations, they brought in ART.
ART's system includes several tiny, infrared cameras set up around the property. When people enter the area, an ART dispatcher finds out and watches what is happening in real time, then dispatches an officer.
"For an Albuquerque police officer to respond to a burglar alarm is about $150. Our cost is significantly lower than that," said Sonntag.Gee... we wonder where he got that $150 number. Seems as if the city is racking up those $150 fines fast enough to make it economical for them to bring in outside help. But of course, when has spending our money ever been one of The Almighty Alcalde's concerns?
Security ServicesThe above is one of 12 services provided by the Department of Municipal Development. You'll note the heading reads "S-e-c-u-r-i-t-y S-e-r-v-i-c-e-s."
We provide uniformed security services at City-owned facilities in an effort to establish a safe and friendly environment for both visitors and employees.
In fact, DMD is in charge of providing security for all city-owned buildings and facilities. Our question is... why is the city hiring an outside security firm to provide security at city-owned properties when they have their own security force?
Our Eyes tell us that one reason may be that ART was running ads telling prospective customers that APD's response time to alarms was up to 8 minutes. In an election year when we've just discovered that a SERIAL KILLER had been and still could be operating in Albuquerque, having a local business harping on slow APD response times isn't good for the bosses' election chances.
Besides, even that 8 minute number is misleading. That's the time that it takes for an officer to arrive after the call has been dispatched, not the time it takes for APD to arrive on scene following a call for help. Even more disturbing, Chief Schultz doesn't seem to care.
"Folks when I started this job [2]7 years ago, we were stacking calls. When Joe Bowdich started his job they were stacking calls. Who cares? Who cares if calls are waiting? I don't care if calls are holding."It all boils down to this... The taxpayers of Albuquerque are paying not once, not twice, but three times to secure their public buildings. We're paying for APD. We're paying for DMD security. And now - thanks to a bad ordinance and mayor worried about yet another public safety embarrassment - we're paying for ART.
Aug 3, 2009
The Alcalde Files: Bad Observation
After occupying the city's mayoral throne for almost 12 years, one would expect a few scandals and Marty's unprecedented reign is no exception. In fact, The Almighty Alcalde's tenure is replete with scandals but Marty has always managed to cover his scandals much like he covers the signs of gang activity - with a layer of paint just thick enough to hide the graphitti below.
After all, if the public can't see it - it's not really there. And that's the operational model Marty subscribes to. If it's bad news hide it and act like it never happened. Governance through public perception - it's a great formula to get re-elected but it doesn't lead to good government.
In campaigns perception is reality and the mayor knows that if he can hide his scandals or shift the blame, he'll more than likely spend another 4 years on the Throne of the Alcalde. Unfortunately, the public seems to suffer from some sort of collective amnesia every time Marty's on the city ballot.
So... In an effort to remind you just who it is that occupies the 11th floor, we're taking you on a trip down memory lane called the Alcalde Files. This week features one of The Almighty Alcalde's early scandals - The Sunport Observation Deck debacle.
Bad Observation
It was late in the Almighty Alcalde's first term as mayor. The re-renamed Albuquerque International Sunport was in the process of creating a food court for travelers spending their layover in the Duke City. Then and now Mayor Martin Chavez wanted an brand new observation deck for people to view the majestic planes taking off and landing against the beautiful New Mexico sky.
The only problem... the food court plans didn't include an observation deck. That little obstacle was easily overcome through the simple expedient of having the contractor who was already building the food court build the observation deck. It didn't seem to matter to Marty that doing so violated the law.
Most of you have probably forgotten that in the late '90s Marty was an up and coming star in the Democratic party. His ability to pull Rs and his connections through wife Margaret Aragon de Chavez to the powerful (now convicted felon) Manny Aragon, made him a force to be reckoned with.
So it's no surprise (especially in New Mexico) that Democrats of all stripes either ignored or buried Marty's bad observation. He had the connections. He had the promising future. And he had more than likely broken the law. But we'll never know will we? Because in New Mexico that's just the way it's done.
After all, if the public can't see it - it's not really there. And that's the operational model Marty subscribes to. If it's bad news hide it and act like it never happened. Governance through public perception - it's a great formula to get re-elected but it doesn't lead to good government.
In campaigns perception is reality and the mayor knows that if he can hide his scandals or shift the blame, he'll more than likely spend another 4 years on the Throne of the Alcalde. Unfortunately, the public seems to suffer from some sort of collective amnesia every time Marty's on the city ballot.
So... In an effort to remind you just who it is that occupies the 11th floor, we're taking you on a trip down memory lane called the Alcalde Files. This week features one of The Almighty Alcalde's early scandals - The Sunport Observation Deck debacle.
Bad Observation
It was late in the Almighty Alcalde's first term as mayor. The re-renamed Albuquerque International Sunport was in the process of creating a food court for travelers spending their layover in the Duke City. Then and now Mayor Martin Chavez wanted an brand new observation deck for people to view the majestic planes taking off and landing against the beautiful New Mexico sky.
The only problem... the food court plans didn't include an observation deck. That little obstacle was easily overcome through the simple expedient of having the contractor who was already building the food court build the observation deck. It didn't seem to matter to Marty that doing so violated the law.
Among the policies that were broken, the city failed to put construction work for the project out for bid and neglected to get City Council approval. The case led to a grand jury investigation that nearly culminated in criminal indictments against city employees. The only thing that saved the city from criminal prosecution was a Stipulated Disposition Agreement that was signed by the city and the District Attorney's Office in 1999 that conceded the mistakes made by the city and amended the city's Purchasing Ordinance.You'll notice the settlement was in 1999, two years after Marty left his chair to Jimmy Baca - Albuquerque's Jimmy Carter. The agreement was crafted by a contract lawyer for the District Attorney's office, former City Councilor and current Chief Public Safety Officer, Pete Dinelli. Also involved - or rather not involved as usual - was then Attorney General Tom Udall who chose not to investigate.
Most of you have probably forgotten that in the late '90s Marty was an up and coming star in the Democratic party. His ability to pull Rs and his connections through wife Margaret Aragon de Chavez to the powerful (now convicted felon) Manny Aragon, made him a force to be reckoned with.
So it's no surprise (especially in New Mexico) that Democrats of all stripes either ignored or buried Marty's bad observation. He had the connections. He had the promising future. And he had more than likely broken the law. But we'll never know will we? Because in New Mexico that's just the way it's done.
Taking Leave out of Administrative Leave
Administrative leave has always been an annoying. A city employee is accused of wrong-doing or even criminal behavior and we tax payers get to pay them for doing nothing. Officer Levi Chavez is the most famous admin leaver. After his wife's untimely demise, Chavez was placed on administrative leave. As of last May, Chavez was still collecting a paycheck while the investigation into his wife's suspicious death continues.
Apparently, the Chavez administration has decided that if they're paying an employee then they ought to be doing some work. According to our Eyes, they've decided that when a city employee is placed on administrative leave they'll be expected to pull weeds or even clean out kennels even if pulling weeds or cleaning kennels are not part of their job description.
The Chavez administration has never been too concerned about due process. To wit, Marty's red light Scam-era program. Now the mayor wants to expand his guilty until proven innocent theory to administrative leave.
Let's say that you're an administrative assistant, a cop, a bus driver, or any other city employee whose job doesn't include weeding or cleaning kennels. If you were placed on administrative leave, you probably wouldn't appreciate having to muck out a kennel or be seen on the street pulling weeds. You might even consider it a form of punishment.
Now don't get us wrong... we need people to pull the weeds and clean the kennels and they're honest jobs. But forcing someone on administrative leave to join the city chain gang doesn't make sense and may not even be legal.
We doubt very seriously that the employment contracts of those not hired to pull weeds or clean kennels include that kind of service to the city. So, forcing city employees into alternate service in a different department is probably not going to happen.
Our Eyes Behind the Badge believe that the new policy is targeted directly at men and women of APD. Police officers deal with people on a regular basis and no matter where they're needed there's generally at least one person who's less than happy to see them arrive. As a result, police officers more than any other city employee generate complaints that can result in administrative leave.
The move makes it easy for The 5th Floor to punish officers without bothering to investigate or even finding a reason for administrative action. APD already has a track record of using never ending IA's as a weapon against officers who aren't in favor with the administration. Now they're going to have one more tool in their toolbox and this one can be used against any city employee.
Apparently, the Chavez administration has decided that if they're paying an employee then they ought to be doing some work. According to our Eyes, they've decided that when a city employee is placed on administrative leave they'll be expected to pull weeds or even clean out kennels even if pulling weeds or cleaning kennels are not part of their job description.
[Sidebar]We're pretty sure that the move would be generally popular with the public... at least until they think about it. Admin leave is used to get an employee out of the way until the allegations against them can be fully investigated. You know the whole innocent until proven guilty thing.
You may have read some of our posts about Levi Chavez. Our argument that Mr. Chavez should be terminated stemmed from the evidence found at the scene - in particular, a stash of marijuana which the last time we checked was an illegal substance. At the time, Chavez was a probationary officer and we'd call possession of a controlled substance a violation of that probation.
[End Sidebar]
The Chavez administration has never been too concerned about due process. To wit, Marty's red light Scam-era program. Now the mayor wants to expand his guilty until proven innocent theory to administrative leave.
Let's say that you're an administrative assistant, a cop, a bus driver, or any other city employee whose job doesn't include weeding or cleaning kennels. If you were placed on administrative leave, you probably wouldn't appreciate having to muck out a kennel or be seen on the street pulling weeds. You might even consider it a form of punishment.
Now don't get us wrong... we need people to pull the weeds and clean the kennels and they're honest jobs. But forcing someone on administrative leave to join the city chain gang doesn't make sense and may not even be legal.
We doubt very seriously that the employment contracts of those not hired to pull weeds or clean kennels include that kind of service to the city. So, forcing city employees into alternate service in a different department is probably not going to happen.
Our Eyes Behind the Badge believe that the new policy is targeted directly at men and women of APD. Police officers deal with people on a regular basis and no matter where they're needed there's generally at least one person who's less than happy to see them arrive. As a result, police officers more than any other city employee generate complaints that can result in administrative leave.
The move makes it easy for The 5th Floor to punish officers without bothering to investigate or even finding a reason for administrative action. APD already has a track record of using never ending IA's as a weapon against officers who aren't in favor with the administration. Now they're going to have one more tool in their toolbox and this one can be used against any city employee.
Jul 6, 2009
Abating the Abaters
The City of Albuquerque has an aggressive policy designed to get rid of substandard properties and unruly businesses. The idea is to use city resources and departments to basically harass a business or property owner until they either clean up their act, close their doors, or sell the property. The city's nuisance abatement team is a combination of code inspectors and law enforcement working together to become a nuisance to the nuisance purveyors headed by Chief Public Safety Officer Pete Dinelli.
Back in April, the Journal reported that three detectives and two inspectors had been suspended for passing around a "distasteful montage of pictures." We know what immediately springs to mind - a bunch of photos ala Abu Grab.
That sounds right. Everyone who's ever watched a cop show knows that the police need a warrant to search a private property - unless of course the officers are invited in by someone who has the authority to allow a search - someone like a tenant.
In fact, the unit has always obtained search warrants in any case where they had not been allowed to search the premises by a party who had the authority to do so. In cases where an authorized party allowed a search, officers carried a form and only performed a search after obtaining the signature of an authorized party.
According to our Eyes, Dinelli wanted the unit to put the kibosh on the authorized but non-search warrant searches because it's an election year. Apparently, the Chief Public Safety Officer didn't have a problem with the searches until his boss' (and his) job is on the line.
Our Eyes tell us that the photo montage suspensions are just an excuse to let the officers know that they're to tow the line. More importantly, the Eyes have it that Dinelli knew about the photos which were of a card placed in a strategic location after a successful abatement.
Look, the whole nuisance abatement concept bothers us for many reasons - the most important of which is that it's far too easy for a unit designed to clean up crack houses and prosecute slum lords to be used to harass law abiding property owners. It can also be used to steal MILLIONS of dollars from motorists through red light scam-eras... but we digress.
If we're going to have a nuisance abatement unit, it better have strict procedures and be monitored closely for potential abuse. That being said, the process should not be determined by the calendar. More specifically, it should not be determined by whether or not The Almighty Alcalde is up for re-election (to his 4th term).
If the unit is operating effectively, within the law, and not being used to harass, bully, or blackmail property owners then its operation should not change simply because the boss is up for re-election. Abating the abaters for political purposes is an abuse of the system and just as wrong as misusing the city's nuisance abatement process to harass an innocent property owner.
Back in April, the Journal reported that three detectives and two inspectors had been suspended for passing around a "distasteful montage of pictures." We know what immediately springs to mind - a bunch of photos ala Abu Grab.
"We are taking extremely aggressive action," said Albuquerque Chief Public Safety Officer Pete Dinelli, who directly oversees the Safe City Strike Force. "The alleged conduct was inappropriate and unprofessional, but in no way was it criminal."The short story didn't really come to our attention until just recently when a different version of events reached us through our Eyes. Apparently, the Safe City Strike Force had a meeting back in April where the leader of the group Pete Dinelli instructed officers to obtain search warrants in every situation where they were conducting searches of "nuisance" properties.
Police officials said Dinelli was informed about the montage of pictures after a meeting Tuesday. Police officials would not discuss specifically what was in the photographs.
That sounds right. Everyone who's ever watched a cop show knows that the police need a warrant to search a private property - unless of course the officers are invited in by someone who has the authority to allow a search - someone like a tenant.
In fact, the unit has always obtained search warrants in any case where they had not been allowed to search the premises by a party who had the authority to do so. In cases where an authorized party allowed a search, officers carried a form and only performed a search after obtaining the signature of an authorized party.
According to our Eyes, Dinelli wanted the unit to put the kibosh on the authorized but non-search warrant searches because it's an election year. Apparently, the Chief Public Safety Officer didn't have a problem with the searches until his boss' (and his) job is on the line.
Our Eyes tell us that the photo montage suspensions are just an excuse to let the officers know that they're to tow the line. More importantly, the Eyes have it that Dinelli knew about the photos which were of a card placed in a strategic location after a successful abatement.
Look, the whole nuisance abatement concept bothers us for many reasons - the most important of which is that it's far too easy for a unit designed to clean up crack houses and prosecute slum lords to be used to harass law abiding property owners. It can also be used to steal MILLIONS of dollars from motorists through red light scam-eras... but we digress.
If we're going to have a nuisance abatement unit, it better have strict procedures and be monitored closely for potential abuse. That being said, the process should not be determined by the calendar. More specifically, it should not be determined by whether or not The Almighty Alcalde is up for re-election (to his 4th term).
If the unit is operating effectively, within the law, and not being used to harass, bully, or blackmail property owners then its operation should not change simply because the boss is up for re-election. Abating the abaters for political purposes is an abuse of the system and just as wrong as misusing the city's nuisance abatement process to harass an innocent property owner.
May 28, 2009
If Only...
It's the type of story that makes "good" news. Readers and viewers can't seem to get enough of the "Baby Angel" story.
Thursday, the local media was all a twitter about the latest development - Tiffany Toribio had tried to turn herself in at a Coronado Mall substation. With her was her three year old son Tyrus - "Baby Angel." (ABQ Journal - Subscription)
Apparently, Toribio had been notified that a warrant had been issued for her arrest for failing to pay a $259 fine for not having insurance. When APD's CAD system was checked for a warrant, the search came up empty.
Here's where the media plays the implicit game of "if only." If only they could have found a warrant. If the officer involved had looked a little harder. If only APD had arrested Toribio, then Tyrus would still be with us.
The truth is that even if a warrant had been found, there's a pretty good chance that without any indication of danger they would have told Toribio to take care of her fine and let her walk. Believe it or not, it's hard to take a mother from their child on a traffic warrant when there's no indication of danger.
What really gave this story "legs" is that APD apparently tried to keep the substation visit under wraps. They wanted to avoid the types of questions that now (thanks to their own horrible media skills and aversion to bad press) theyhave to answer.
To make matters worse, the Eyes have it that it was the Almighty Alcalde himself that let the cat out of the bag on his weekly I Love Me some Marty Gov TV show. Marty had Chief Schultz on for a chat and trying to capitalize on tragedy, the two discussed what Toribio should have done and the services that were available to her. They even went as far as saying that she should have shown up at a police station. Turns out she did.
What's readily apparent is that the mayor and the chief have absolutely no idea how to handle the media and that their fear of facing negative press leads them to try and bury it. Their actions make the department look foolish and partially responsible for the death of "baby angel." Nothing could be farther from the truth.
No one knows the answer to all of the "if only" questions. But one thing is sure - Tiffany Toribio killed her son with her bare hands. It's too bad that Chief Schultz didn't come clean at the outset then APD wouldn't look partially responsible. If only...
Thursday, the local media was all a twitter about the latest development - Tiffany Toribio had tried to turn herself in at a Coronado Mall substation. With her was her three year old son Tyrus - "Baby Angel." (ABQ Journal - Subscription)
Apparently, Toribio had been notified that a warrant had been issued for her arrest for failing to pay a $259 fine for not having insurance. When APD's CAD system was checked for a warrant, the search came up empty.
[Sidebar]Contrary to popular belief in some circles, police officers generally don't arrest members of the public without a warrant and without reason. In this case, the officer involved didn't have a warrant and didn't have any reason to believe that young Tyrus was in any danger.
Our Eyes down at APD tell us that it's not exactly surprising that a warrant search didn't find Toribio's arrest warrant. Tiberon APD's new CAD system is known to regularly miss outstanding warrants. In this case, it might have prevented a death. In the future, it may cause one.
[End Sidebar]
Here's where the media plays the implicit game of "if only." If only they could have found a warrant. If the officer involved had looked a little harder. If only APD had arrested Toribio, then Tyrus would still be with us.
The truth is that even if a warrant had been found, there's a pretty good chance that without any indication of danger they would have told Toribio to take care of her fine and let her walk. Believe it or not, it's hard to take a mother from their child on a traffic warrant when there's no indication of danger.
What really gave this story "legs" is that APD apparently tried to keep the substation visit under wraps. They wanted to avoid the types of questions that now (thanks to their own horrible media skills and aversion to bad press) theyhave to answer.
To make matters worse, the Eyes have it that it was the Almighty Alcalde himself that let the cat out of the bag on his weekly I Love Me some Marty Gov TV show. Marty had Chief Schultz on for a chat and trying to capitalize on tragedy, the two discussed what Toribio should have done and the services that were available to her. They even went as far as saying that she should have shown up at a police station. Turns out she did.
What's readily apparent is that the mayor and the chief have absolutely no idea how to handle the media and that their fear of facing negative press leads them to try and bury it. Their actions make the department look foolish and partially responsible for the death of "baby angel." Nothing could be farther from the truth.
No one knows the answer to all of the "if only" questions. But one thing is sure - Tiffany Toribio killed her son with her bare hands. It's too bad that Chief Schultz didn't come clean at the outset then APD wouldn't look partially responsible. If only...
May 17, 2009
Eye Poll: Keep Your Arena
Not surprisingly, Eye readers overwhelmingly rejected the idea of a downtown arena in our most recent Eye Poll. It's a project that would certainly pay tribute to the mayor of Albuquerque but would do it's citizens little good and shackle them with an almost unending drain on their tax dollars.
69% of Eye readers said no to an arena (a few said "hell no") in our unscientific poll while only 28% said yes (view it here). As usual, a few people (3%) didn't know.
This week we're looking at what seems to be the interminable years of the Chavez administration. As expected for so long a reign, there have been a number of scandals involving The Almighty Alcalde. Pick your favorite in this week's Eye Poll!
Which gives us an idea... If you've got a favorite Chavez administration scandal, send it to us at editor@eyeonalbuquerque.com. We'll publish our favorites in the coming weeks.
69% of Eye readers said no to an arena (a few said "hell no") in our unscientific poll while only 28% said yes (view it here). As usual, a few people (3%) didn't know.
This week we're looking at what seems to be the interminable years of the Chavez administration. As expected for so long a reign, there have been a number of scandals involving The Almighty Alcalde. Pick your favorite in this week's Eye Poll!
Which gives us an idea... If you've got a favorite Chavez administration scandal, send it to us at editor@eyeonalbuquerque.com. We'll publish our favorites in the coming weeks.
May 13, 2009
The Trolley that Won't Go Away
After almost 12 years of the Chavez administration, one thing we've all gotten used to is the Almighty Alcalde's increasing inability to get along with the council. He's also displayed a disturbing single-mindedness that reeks of ego.
There are countless examples of Marty's increasing desire to build a legacy on the backs of city taxpayers. Wading lagoons, downtown arenas, balloon museums, trolleys, even Pandas have all been on the mayor's personal agenda. Some have been realized while it took the Red Chinese to kill other.
Our point? No matter how many times the council or the public says no, The Almighty Alcalde will continue to pursue his agenda either overtly or covertly. "No" is simply a temporary inconvenience to be endured.
Marty's choo choo train has a long history of trying to slip past the public. Monday, November 6th 2006 - the day before the hotly contested 2006 election - the mayor tried to slip his trolley by the public with the aid of the council. Since that time we've been treated to task farces and propaganda designed to make a trolley with the capacity to serve a very small number of people at a price tag of $240 MILLION plus look cost effective and environmentally friendly.
At least it seems that the council has started to get the message. Last week the council sent up a resolution to the mayor directing him not to use Obama's spending, uh... stimulus money on a trolley (read it here). Unbelievably, the measure was sponsored by none other than our socialist in chief, Councilor Isaac Benton.
Third and worst of all, even if the trolley were free it creates a long term operational drain on the city's general fund. This is exactly the wrong kind of project to waste borrowed money on. If we're gonna spend Obama's money, we're far better off spending it on projects like the I-25 / Paseo Del Norte interchange - a project that serves tens of thousands of people daily. Something Marty's Tiny Trolley will never be able to do.
Meanwhile the council plans on sticking an extension of the Transportation Infrastructure Tax on the October ballot without funding for a trolley. Here's the problem... that 1/4 cent tax can be easily reprogrammed by the council at anytime. So what's sold to the taxpayers as roads, bike paths, and buses magically becomes a source of revenue for a 19th Century Streetcar.
It doesn't seem to matter who pays for it or how much it costs, Marty will have his trolley. Of course if voters decide to send him packing after 12 years, maybe, just maybe we can put a stake in the heart of the Trolley that Won't Go Away.
There are countless examples of Marty's increasing desire to build a legacy on the backs of city taxpayers. Wading lagoons, downtown arenas, balloon museums, trolleys, even Pandas have all been on the mayor's personal agenda. Some have been realized while it took the Red Chinese to kill other.
Our point? No matter how many times the council or the public says no, The Almighty Alcalde will continue to pursue his agenda either overtly or covertly. "No" is simply a temporary inconvenience to be endured.
Marty's choo choo train has a long history of trying to slip past the public. Monday, November 6th 2006 - the day before the hotly contested 2006 election - the mayor tried to slip his trolley by the public with the aid of the council. Since that time we've been treated to task farces and propaganda designed to make a trolley with the capacity to serve a very small number of people at a price tag of $240 MILLION plus look cost effective and environmentally friendly.
At least it seems that the council has started to get the message. Last week the council sent up a resolution to the mayor directing him not to use Obama's spending, uh... stimulus money on a trolley (read it here). Unbelievably, the measure was sponsored by none other than our socialist in chief, Councilor Isaac Benton.
[Sidebar]What The Almighty Alcalde actually did was to use his line item veto to take out language that modified the Transportation Improvement Plan so that a 19th Century Street Car - no matter where the money came from - would have to go to the voters before the city started railroading the public.
Obama and his accomplices insist on calling the $750 BILLION spending package ARRA - the American Recovery and Reinvestment Act. In reality it's the American Repugnant Redistribution Act. It's bad enough when these yahoos in Washington wastefully spend our tax dollars but it's simply repugnant to be blowing tax dollars that haven't even been collected yet. In other words... borrowed.
[End Sidebar]
I have exercised my authority as Mayor of Albuquerque to line item veto the portion of R-09-229 that prohibits the use of federal monies to build a modem rail system in Albuquerque. I believe that Albuquerque should no longer remain one of only a handful of D.S. cities without a diverse transportation portfolio including modem rail. I have agreed that a city funded system should be a matter for the voters of Albuquerque. I disagree that either the Regional Transportation District or the federal government with their own funds should be similarly restricted.There are a number of problems with Marty's logic here. First of all, nothing is free even if it comes from the federal government. Second, using that borrowed money to build a tiny trolley to serve a few people moving from downtown to the airport. A trolley that would make an already congested area worse by taking up space needed for vehicle traffic.- Mayor Martin Chavez Veto Message
Third and worst of all, even if the trolley were free it creates a long term operational drain on the city's general fund. This is exactly the wrong kind of project to waste borrowed money on. If we're gonna spend Obama's money, we're far better off spending it on projects like the I-25 / Paseo Del Norte interchange - a project that serves tens of thousands of people daily. Something Marty's Tiny Trolley will never be able to do.
Meanwhile the council plans on sticking an extension of the Transportation Infrastructure Tax on the October ballot without funding for a trolley. Here's the problem... that 1/4 cent tax can be easily reprogrammed by the council at anytime. So what's sold to the taxpayers as roads, bike paths, and buses magically becomes a source of revenue for a 19th Century Streetcar.
It doesn't seem to matter who pays for it or how much it costs, Marty will have his trolley. Of course if voters decide to send him packing after 12 years, maybe, just maybe we can put a stake in the heart of the Trolley that Won't Go Away.
Apr 15, 2009
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 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.
Mayor Martin Chávez might get a lagoon at Tingley Beach after all.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.
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.
(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.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.-City of Albuquerque Code of Ordinances
[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.
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]
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.
Mar 18, 2009
1/4 Cent for Your Thoughts
November 6th, 2006... the day before the election where Democrats took over both the House and Senate, the Albuquerque City Council passed an extension to the Transportation Infrastructure Tax. The Council and the Almighty Alcalde used the cover of the election to rail road the public and shove a tax hike through for the primary purpose of building Marty's little train.
The move outraged the public and a huge political brouhaha ensued. Months later bowing to public pressure, the council pulled the extension and created a marketing, uh... "task force" to sell, uh... "study" the trolley. All of that took place almost exactly two years ago.
Now like some particularly annoying and chronic condition, the Transportation Infrastructure Tax extension is back on the radar. The original voter approved tax is set to sunset at the end of this year, which means gross receipts taxes in the City of Albuquerque would go down by 1/4 cent at the end of this year.
The Chavez Administration and some on the council would have you believe that the revenue generated by the Transportation Infrastructure Tax is critical to maintain basic transportation services. First of all the public has spoken on this tax not once, but twice - once at the ballot box and once through the public outrage that resulted in the last extension's demise.
Second, it's not as if the end of this particular source of revenue was unforeseen. Ten years ago it was included in the original legislation. Two years ago, it was extensively discussed during the Trolley fiasco. We have little sympathy for the administration's or the council's cry of poverty - particularly in light of the current economic situation.
You see the administration and the council plan to put the Transportation Infrastructure Tax on the October ballot. However, since the tax ends at the end of this year they're claiming that they'd lose approximately $18 MILLION for the first half of next year due to the way the city receives money from the State Taxation and Revenue Department. Here they assume that the extension will pass and cry us a river - they knew this was coming and should have planned for it.
More annoyingly, it appears that the city has been collecting the tax and not using it. In fact, Councilor Cadigan seems to have found some $26 MILLION in "excess" revenue.
So here it is... The voters voted for a tax that ends this year. They reaffirmed their position two years ago by raising hell with the council and forcing them to repeal the previous extension. The city probably isn't using the money it actually spends appropriately and they have "large excess balances" of more than $26 MILLION.
What's stunning to us is that there's actually any question how even the most whacked out big government liberal should vote. If the administration wants an extension they should put it on the ballot and make their case to the public. If it passes, they may lose $18 MILLION but thanks to their mismanagement they can cover the shortfall by using the $26 MILLION they've already collected. If it doesn't pass - which we suspect (and hope) will be the case - they spend the $26 MILLION on the projects they were supposed to spend it on in the first place and call it a day.
Two years ago, Councilor Mayer held a meeting to discuss this very issue. Just like the tax itself, history is repeating itself. The councilor is holding a meeting tonight (Thursday) at the newly remodeled Sheraton Uptown - 7 pm. She's asking for your thoughts on the 1/4 cent. She promises to have the Council Budget Director and Transit Director, Greg Payne. If nothing else, it should be a lively meeting since our Eyes tell us that at least a few disgruntled taxpayers plan to attend.
The move outraged the public and a huge political brouhaha ensued. Months later bowing to public pressure, the council pulled the extension and created a marketing, uh... "task force" to sell, uh... "study" the trolley. All of that took place almost exactly two years ago.
Now like some particularly annoying and chronic condition, the Transportation Infrastructure Tax extension is back on the radar. The original voter approved tax is set to sunset at the end of this year, which means gross receipts taxes in the City of Albuquerque would go down by 1/4 cent at the end of this year.
The Chavez Administration and some on the council would have you believe that the revenue generated by the Transportation Infrastructure Tax is critical to maintain basic transportation services. First of all the public has spoken on this tax not once, but twice - once at the ballot box and once through the public outrage that resulted in the last extension's demise.
Second, it's not as if the end of this particular source of revenue was unforeseen. Ten years ago it was included in the original legislation. Two years ago, it was extensively discussed during the Trolley fiasco. We have little sympathy for the administration's or the council's cry of poverty - particularly in light of the current economic situation.
You see the administration and the council plan to put the Transportation Infrastructure Tax on the October ballot. However, since the tax ends at the end of this year they're claiming that they'd lose approximately $18 MILLION for the first half of next year due to the way the city receives money from the State Taxation and Revenue Department. Here they assume that the extension will pass and cry us a river - they knew this was coming and should have planned for it.
More annoyingly, it appears that the city has been collecting the tax and not using it. In fact, Councilor Cadigan seems to have found some $26 MILLION in "excess" revenue.
WHEREAS, since the inception of the Transportation Infrastructure Tax, large excess balances have accumulated which could be used to provide transportation improvements City-wide as well as provide an economic stimulus to the local economy;Large excess balances?! Apparently, they've been collecting money and not using it for the projects they were directed to use the money for. In fact, the Eyes have it that Councilor Mayer has voiced concerns that the money hasn't been used properly.
So here it is... The voters voted for a tax that ends this year. They reaffirmed their position two years ago by raising hell with the council and forcing them to repeal the previous extension. The city probably isn't using the money it actually spends appropriately and they have "large excess balances" of more than $26 MILLION.
What's stunning to us is that there's actually any question how even the most whacked out big government liberal should vote. If the administration wants an extension they should put it on the ballot and make their case to the public. If it passes, they may lose $18 MILLION but thanks to their mismanagement they can cover the shortfall by using the $26 MILLION they've already collected. If it doesn't pass - which we suspect (and hope) will be the case - they spend the $26 MILLION on the projects they were supposed to spend it on in the first place and call it a day.
Two years ago, Councilor Mayer held a meeting to discuss this very issue. Just like the tax itself, history is repeating itself. The councilor is holding a meeting tonight (Thursday) at the newly remodeled Sheraton Uptown - 7 pm. She's asking for your thoughts on the 1/4 cent. She promises to have the Council Budget Director and Transit Director, Greg Payne. If nothing else, it should be a lively meeting since our Eyes tell us that at least a few disgruntled taxpayers plan to attend.
Mar 6, 2009
Tense Times, a Job Search, and Lack of Leadership
It's amazing. Every four years or so something happens over at APD - right at the start of an election year - that threatens the, shall we say... job security of the city's top cop. Last time it was the evidence room scandal where the folks over in the evidence room were helping themselves to valuables being held by APD and BCSO. This time it's a serial killer that has been - and perhaps still is - operating in the metro area.
Last time the Almighty Alcalde was embaraced right before an election, Chief Gil Gallegos found himself out of a job. Our Eyes tell us that in light of his predecessor's fate, Chief Schultz isn't waiting for Marty's pink slip he's simply looking for a new job.
It seems that the Chief and his honor the mayor aren't on exactly good terms these days. The mayor is a bit peeved that he can't travel around the country talking up the city when he's toting a serial killer in his wake. Meanwhile, Ray can't seem to carry out the Almighty Alcalde's directive that there shall be no serial killer in Albuquerque even though there are 13 witnesses testifying to the contrary.
Meanwhile, our Eyes tell us that Marty has already collected his 3,200 plus $5 contributions and is ready to announce his bid for an unprecedented third consecutive term - perhaps as early as today. Not that it's any surprise that Marty would run for the office that he sued the city to be able to continue to hold. But, there have been numerous rumors that the Alcalde was headed to Washington to take jobs with the Greens or even with the big Hill - Secretary of State Clinton.
It appears that the enmity between the Chief and his boss centers on the very real possibility that he will lose the upcoming election. Look, neither Chief Schultz nor Mayor Chavez can be held responsible for the actions of a serial killer. However, they certainly can be held responsible for how they have handled the tragic revelations from the southwest mesa.
Claiming that Albuquerque doesn't and never had a serial killer, throwing out non-suspects in an attempt to mislead the public into a false sense of security are desperate, political acts that could actually place the public in danger. These are acts that can and should be held against the Chief and the current administration... and the Chief knows it. In fact, our Eyes tell us that Schultz will be gone either before or after the October election.
Four years ago, Marty promised that heads would roll over the evidence room scandal. Of course, only one head rolled and his buddy AG Patricia Madrid couldn't find enough evidence - or lack thereof - in the evidence room to pursue charges. Make no mistake, anything that embaraces the mayor especially during an election year, will at the very least result in a job search.
It's a disturbing pattern, brushing real problems under a rug made from the hide of a scapegoat. It's a pattern devoid of leadership, and one that we have come to expect from Chavez and his administration.
Last time the Almighty Alcalde was embaraced right before an election, Chief Gil Gallegos found himself out of a job. Our Eyes tell us that in light of his predecessor's fate, Chief Schultz isn't waiting for Marty's pink slip he's simply looking for a new job.
It seems that the Chief and his honor the mayor aren't on exactly good terms these days. The mayor is a bit peeved that he can't travel around the country talking up the city when he's toting a serial killer in his wake. Meanwhile, Ray can't seem to carry out the Almighty Alcalde's directive that there shall be no serial killer in Albuquerque even though there are 13 witnesses testifying to the contrary.
Meanwhile, our Eyes tell us that Marty has already collected his 3,200 plus $5 contributions and is ready to announce his bid for an unprecedented third consecutive term - perhaps as early as today. Not that it's any surprise that Marty would run for the office that he sued the city to be able to continue to hold. But, there have been numerous rumors that the Alcalde was headed to Washington to take jobs with the Greens or even with the big Hill - Secretary of State Clinton.
It appears that the enmity between the Chief and his boss centers on the very real possibility that he will lose the upcoming election. Look, neither Chief Schultz nor Mayor Chavez can be held responsible for the actions of a serial killer. However, they certainly can be held responsible for how they have handled the tragic revelations from the southwest mesa.
Claiming that Albuquerque doesn't and never had a serial killer, throwing out non-suspects in an attempt to mislead the public into a false sense of security are desperate, political acts that could actually place the public in danger. These are acts that can and should be held against the Chief and the current administration... and the Chief knows it. In fact, our Eyes tell us that Schultz will be gone either before or after the October election.
Four years ago, Marty promised that heads would roll over the evidence room scandal. Of course, only one head rolled and his buddy AG Patricia Madrid couldn't find enough evidence - or lack thereof - in the evidence room to pursue charges. Make no mistake, anything that embaraces the mayor especially during an election year, will at the very least result in a job search.
It's a disturbing pattern, brushing real problems under a rug made from the hide of a scapegoat. It's a pattern devoid of leadership, and one that we have come to expect from Chavez and his administration.
Mar 3, 2009
Second Site
Some of you may remember the scene from the movie Animal House where Kevin Bacon in a ROTC uniform stands screaming "all is well!" as pandemonium breaks out around him. Not to be out-done, Albuquerque's Chief of Police is busy trying to "reassure" the public by insisting that there's not an "active" serial killer operating in the metro area as the evidence and the bodies continue to pile up around him.
So far Marty and Ray have been somewhat successful in their endeavor. The public is treating the site at 118th and Dennis Chavez, SW as more of a curiosity than a concern. After all, the murders are at least four years old and they're just prostitutes... right?
We'd argue that APD should be concerned when anyone is found dead regardless of whether the remains are new or old, or whether they're from a prostitute or an upstanding member of the community. No one should be a throw-away person for law enforcement.
Who knows, perhaps the two sites are unrelated. Maybe there have been two serial killers working the area or maybe people have been going to these two locations, digging a hole and dying on their own. Certainly Marty and the Chief would prefer that you believe the latter.
Instead of being honest with the public, instead of doing their jobs, the Almighty Alcalde and Chief Schultz have chosen to spin this as positively as they can. In fact, our Eyes tell us that the Chief has issued a gag order. Under threat of termination, no one is allowed to speak "negatively" about the investigation.
We don't expect the chief to divulge information from an on-going investigation. However, it's stupid and dangerous to assert that there isn't a serial killer operating in Albuquerque. They've thrown out two conveniently dead non-suspects as red herrings in an attempt to "reassure" the public, but our Eyes tell us that there is no forensic evidence linking either of the dead men to the recovered remains.
Through this whole thing Mayor Chavez has been a no show and Chief Schultz has been living in fantasy land. Leadership means leveling with the public particularly when it could save lives. If the body count continues to grow and evidence shows that the killer is still working the area, there will be two people responsible for the inept handling of the case - Mayor Martin Chavez and Chief Ray Schultz.
So far Marty and Ray have been somewhat successful in their endeavor. The public is treating the site at 118th and Dennis Chavez, SW as more of a curiosity than a concern. After all, the murders are at least four years old and they're just prostitutes... right?
We'd argue that APD should be concerned when anyone is found dead regardless of whether the remains are new or old, or whether they're from a prostitute or an upstanding member of the community. No one should be a throw-away person for law enforcement.
[Sidebar]Now our Eyes tell us that Marty and the Chief have a bigger problem. Apparently, the Bernalillo County Sheriff's Office is working another site where more bodies have been found. Further, the Eyes have it that Sheriff White - not Chief Schultz - brought in the FBI.
Our Eyes tell us that the Missing Persons Unit is little more than a database. When an officer receives a missing persons report, that report is sent to the Missing Persons unit where it is filed away and promptly forgotten.
Missing Persons is manned by civilians and has no investigative authority. They only come into play when a body is found somewhere and authorities are looking to narrow the identity search down to more manageable numbers.
[End Sidebar]
Who knows, perhaps the two sites are unrelated. Maybe there have been two serial killers working the area or maybe people have been going to these two locations, digging a hole and dying on their own. Certainly Marty and the Chief would prefer that you believe the latter.
Instead of being honest with the public, instead of doing their jobs, the Almighty Alcalde and Chief Schultz have chosen to spin this as positively as they can. In fact, our Eyes tell us that the Chief has issued a gag order. Under threat of termination, no one is allowed to speak "negatively" about the investigation.
[Sidebar]Look, these are the facts. There are at least 13 bodies that ended up in a field on the Southwest Mesa. They are four to nine years old. There is now a second site where multiple bodies have been found. Just based on the evidence released to the public, there has been at least one serial killer operating in the metro area.
This business about portraying the city in the best possible light is nothing new. Marty threw out TV shows like COPS because he didn't want Albuquerque to look crime-ridden to a national audience.
Our Eyes tell us that two detectives from the Homicide Unit told incoming Chief Ray Schultz that there was a serial killer operating in Albuquerque. Chief Schultz refused to act on the information because he was more concerned about the city's image (or maybe Marty's image), than he was about a serial killer.
With the department's history of fudging numbers and cooking books, we wouldn't be surprised if the 5th Floor decided not to count these deaths as homicides. After all, we'd hate to tarnish our image.
[End Sidebar]
We don't expect the chief to divulge information from an on-going investigation. However, it's stupid and dangerous to assert that there isn't a serial killer operating in Albuquerque. They've thrown out two conveniently dead non-suspects as red herrings in an attempt to "reassure" the public, but our Eyes tell us that there is no forensic evidence linking either of the dead men to the recovered remains.
Through this whole thing Mayor Chavez has been a no show and Chief Schultz has been living in fantasy land. Leadership means leveling with the public particularly when it could save lives. If the body count continues to grow and evidence shows that the killer is still working the area, there will be two people responsible for the inept handling of the case - Mayor Martin Chavez and Chief Ray Schultz.
Feb 28, 2009
Serial Spin
Body Count: 13 - There's No Serial Killer on the Loose, APD Chief Says
That's the above the fold headline in today's Albuquerque Journal (subscription). The bodies are quite literally stacking up in a field on Albuquerque's West Side. According to the Journal and Chief Schultz, the remains appear to have been interred from 2000 to 2005.
We're not trying to alarm anyone but we're getting tired of the Chief of Police spinning everything from crime stats to scam-era stats to serial killers. There is no evidence - none - that there's not an active serial killer operating in Albuquerque. If there was, the Chief would and should indicate that such evidence exists.
As it stands we do know is that there was a serial killer on the loose between 2000 and 2005. We do know that they dumped at least 13 of their victims in a field at 118th and Dennis Chavez SW. What we do not know is why or if they stopped and we do not know for sure that there aren't more recent victims that either haven't been found or who ended up under a house or road somewhere in the nearby developments.
In fact, our Eyes tell us that there are indications that there may be as many as 12 bodies that have yet to be found bringing the body count to as high as 25. The facts are they don't know who killed these people, as yet they don't know who many of them are, and they don't know whether or not the killer or killers are still out there plying their sick trade.
That's the above the fold headline in today's Albuquerque Journal (subscription). The bodies are quite literally stacking up in a field on Albuquerque's West Side. According to the Journal and Chief Schultz, the remains appear to have been interred from 2000 to 2005.
On Friday, the chief sought to put Albuquerque residents' minds at ease, saying detectives don't believe whoever is responsible for the deaths is still killing. He said the "best investigative team in New Mexico history" is looking into numerous leads.Sorry Chief... the fact that the remains appear to be from the 2000 to 2005 time period does not indicate that whoever was responsible isn't still killing. It only indicates that the person or persons responsible haven't been dumping bodies in a field at 118th and Dennis Chavez SW since around 2005.
"The remains are all old; they've been there a number of years," he said. "Had we been finding fresh bodies, I'd be much more concerned. Everybody can be reassured that there's not an active serial killer in Albuquerque actively killing and preying on people."
We're not trying to alarm anyone but we're getting tired of the Chief of Police spinning everything from crime stats to scam-era stats to serial killers. There is no evidence - none - that there's not an active serial killer operating in Albuquerque. If there was, the Chief would and should indicate that such evidence exists.
As it stands we do know is that there was a serial killer on the loose between 2000 and 2005. We do know that they dumped at least 13 of their victims in a field at 118th and Dennis Chavez SW. What we do not know is why or if they stopped and we do not know for sure that there aren't more recent victims that either haven't been found or who ended up under a house or road somewhere in the nearby developments.
In fact, our Eyes tell us that there are indications that there may be as many as 12 bodies that have yet to be found bringing the body count to as high as 25. The facts are they don't know who killed these people, as yet they don't know who many of them are, and they don't know whether or not the killer or killers are still out there plying their sick trade.
Police have not identified any suspects in the deaths but have said they are looking into two cases in particular: one involving a prostitute who was slain in late 2006 in a southwest Albuquerque trailer a few miles from where the remains have been found. The suspected killer was fatally shot as he was moving the woman's body. They are also looking into the case of a well-known pimp who died of natural causes in January and who had pictures of missing prostitutes in his home.The Almighty Alcalde and Chief Schultz would like you to believe that the danger has passed. Throwing out the names of two non-suspects who pose no threat to the community due to their previous demise is simply meant to reassure the public. Unfortunately, there's no foundation for reassurance and plenty of reasons - 13 and counting - to be concerned.
Feb 25, 2009
Trouble in the Air
Wednesday, the Albuquerque Journal ran a story on a recently filed lawsuit. Apparently, the city and Bode Aero aren't playing well in the Double Eagle Airport sandbox. Among other things, the lawsuit alleges that the Almighty Alcalde made some shall we say... inappropriate demands last year when he was running for Gov, uh... Senate.
In any case, a few weeks back we received documents from the Delaware bankruptcy proceedings involving Eclipse Aviation. A little disclaimer here. We have been unable to independently verify these documents but they appear to be authentic and if they are the city and the Almighty Alcalde have a lot of splainning to do. (You can view the documents here.)
You see according to these court documents, Eclipse Aviation is holding a large amount of property owned by the City of Albuquerque. What's most disturbing is that much of the listed items seem to our admittedly untrained eyes to be specialized equipment that the city has no business owning. For example a $128,496 MTS for fatigue and metals testing, a $56,472 LPT laser projection system, and the coup de gras, three paint booths worth over $2.5 MILLION. And those aren't even the highlights.
From these documents it appears there are millions of dollars of equipment in the possession of bankrupt Eclipse Aviation that appear to be owned by the city - much of it specialized equipment.
It looks to us like there are two possibilities here. One is that Eclipse is using a whole bunch of specialized equipment courtesy of the City of Albuquerque (that's all of us who pay taxes in Albuquerque) or two, Eclipse is using the city to shelter assets from creditors in a bankruptcy proceeding. The latter could be criminal, the former... could be criminal -either way, there's a lot of trouble in the air and a lot of splainning to do.
----- Update -----
This is the best explanation that we've heard (or shall we say read):
Bode Aero Services claims the retaliation occurred after it "declined to provide free or discounted air service" to Mayor Martin Chávez for his brief senatorial bid in 2007. The suit doesn't provide any specifics about the claim.All of the Bode hubbub got us thinking about other Aerospace legal proceedings. In this case bankruptcy proceedings involving Eclipse Aviation. You know we've always wondered about the viability of a company built on the concept of selling personal jets. It's not like jets were ever an everyday purchase for your average family. But hey, if there's a market... But apparently there really isn't.
In any case, a few weeks back we received documents from the Delaware bankruptcy proceedings involving Eclipse Aviation. A little disclaimer here. We have been unable to independently verify these documents but they appear to be authentic and if they are the city and the Almighty Alcalde have a lot of splainning to do. (You can view the documents here.)
You see according to these court documents, Eclipse Aviation is holding a large amount of property owned by the City of Albuquerque. What's most disturbing is that much of the listed items seem to our admittedly untrained eyes to be specialized equipment that the city has no business owning. For example a $128,496 MTS for fatigue and metals testing, a $56,472 LPT laser projection system, and the coup de gras, three paint booths worth over $2.5 MILLION. And those aren't even the highlights.
From these documents it appears there are millions of dollars of equipment in the possession of bankrupt Eclipse Aviation that appear to be owned by the city - much of it specialized equipment.
It looks to us like there are two possibilities here. One is that Eclipse is using a whole bunch of specialized equipment courtesy of the City of Albuquerque (that's all of us who pay taxes in Albuquerque) or two, Eclipse is using the city to shelter assets from creditors in a bankruptcy proceeding. The latter could be criminal, the former... could be criminal -either way, there's a lot of trouble in the air and a lot of splainning to do.
----- Update -----
This is the best explanation that we've heard (or shall we say read):
Those are the items purchased with Industrial Revenue Bonds (gross receipts tax free). The City has "bare legal" title to them under the IRB system, but does not really own them. They will likely be sold to pay off Eclipse's creditors.All of which makes perfect sense, except... we don't see the bond repayment listed in the creditors section. If the city has "bare legal" title, then the city has ultimate responsibility for repayment of the bond.-Anonymous
Jan 21, 2009
Eco-Folly Update
A couple weeks ago we told you of the tossing of the green - APD's move to run good ol' unleaded in all of their E85 vehicles (read it here). It turns out that running the corn fed fuel ruins fuel pumps at an alarming rate, even if the engines were supposed to run on the stuff.
Our Eyes have given us a little more details regarding the eco-debacle. The Ford Crown Victorias that comprise a large percentage of APD's fleet are the vehicles popping their fuel pumps. In fact, fuel pumps are failing every 2,000 miles or so.
To put that in context, the average mileage for an average driver is about 12,000 miles per year. If you owned one of the vehicles in question and decided to save the world one E85 tank at a time, you'd end up replacing your fuel pump 6 times a year - that's every couple of months!
APD vehicles can't be considered average under any circumstances. They generally receive far more mileage and run more continuously than your average mini-van, SUV, or eco-friendly hybrid. As a result, APD's mechanics are kept quite busy replacing fuel pumps. So busy in fact, that the switch to carbon spewing petrol became an absolute necessity.
You're probably thinking that there has to be some kind of warranty, right? Well there is, except that the Almighty's edict from the 11th floor ordering APD to burn the eco-fuel voided that warranty. You see, Ford requires that a tank of regular unleaded fuel be run every third tank. Running E85 all of the time apparently ruins the fuel pump and voids the warranty.
Politicians know how to manipulate fear in all of its forms for their own political gain. Marty's eco-edict to use E85 was nothing but an attempt to tap that fear and use it to advance his personal ambition. Never mind the fact that it made little sense and has ended up wasting thousands of taxpayer dollars at a time when there are precious few of them coming in to the city.
Before making radical edicts, it's a real good idea to get all of the facts. The facts in this case are that the Fords were never designed to run exclusively on E85 - just like the new trucks purchased for the K-9 units were never designed to run on bio-diesel (read it here).
When politicians like the Almighty Alcalde grandstand on public fears, they inevitably make bad decisions. In this case, Marty turned Eco-friendly into Eco-folly.
Our Eyes have given us a little more details regarding the eco-debacle. The Ford Crown Victorias that comprise a large percentage of APD's fleet are the vehicles popping their fuel pumps. In fact, fuel pumps are failing every 2,000 miles or so.
To put that in context, the average mileage for an average driver is about 12,000 miles per year. If you owned one of the vehicles in question and decided to save the world one E85 tank at a time, you'd end up replacing your fuel pump 6 times a year - that's every couple of months!
APD vehicles can't be considered average under any circumstances. They generally receive far more mileage and run more continuously than your average mini-van, SUV, or eco-friendly hybrid. As a result, APD's mechanics are kept quite busy replacing fuel pumps. So busy in fact, that the switch to carbon spewing petrol became an absolute necessity.
You're probably thinking that there has to be some kind of warranty, right? Well there is, except that the Almighty's edict from the 11th floor ordering APD to burn the eco-fuel voided that warranty. You see, Ford requires that a tank of regular unleaded fuel be run every third tank. Running E85 all of the time apparently ruins the fuel pump and voids the warranty.
Politicians know how to manipulate fear in all of its forms for their own political gain. Marty's eco-edict to use E85 was nothing but an attempt to tap that fear and use it to advance his personal ambition. Never mind the fact that it made little sense and has ended up wasting thousands of taxpayer dollars at a time when there are precious few of them coming in to the city.
Before making radical edicts, it's a real good idea to get all of the facts. The facts in this case are that the Fords were never designed to run exclusively on E85 - just like the new trucks purchased for the K-9 units were never designed to run on bio-diesel (read it here).
When politicians like the Almighty Alcalde grandstand on public fears, they inevitably make bad decisions. In this case, Marty turned Eco-friendly into Eco-folly.
Jan 18, 2009
Approval? Really?
A little over a week ago Marty's Minions were running around with a poll from Lake Research Partners that made the Almighty Alcalde look like a lock for a 4th term. Of course the poll was trotted out by Democratic consultant Joe Monahan.
Look, we understand that our little poll isn't exactly scientific, but even Monahan admits that Marty's Lake Research poll seems a bit off noting that Marty's Minions failed to release the questions that led to their conclusions.
We suspect that the Almighty Alcalde was simply trying to scare potential opponents into staying out of the race. You may have noticed that his intimidation tactic hasn't worked as he now faces two councilors from his own party and our Eyes tell us that two time 1st Congressional District candidate Richard Romero plans on running under the Eli Lee banner.
This week we're taking up the right/wrong question. Is your city headed in the right or the wrong direction? Let us know what you think.
Voters continue to hold Chavez in high regard. Two-thirds (66%) say they have a favorable impression of the man, including 28% who have a very favorable impression of him. Only 27% have an unfavorable opinion of Chavez.Marty's poll didn't quite square with our impression so we decided to run our own unscientific poll last week. Eye readers were no where near as generous as Marty's Lake Research Poll. 44% of Eye participants said the mayor was doing a terrible job, 19% not so good, 8% fair, 11% good, and 17% said the mayor was doing an excellent job (view it here). No matter how you slice it 63% of respondents weren't all that happy with the job Marty's doing as mayor.
Look, we understand that our little poll isn't exactly scientific, but even Monahan admits that Marty's Lake Research poll seems a bit off noting that Marty's Minions failed to release the questions that led to their conclusions.
We suspect that the Almighty Alcalde was simply trying to scare potential opponents into staying out of the race. You may have noticed that his intimidation tactic hasn't worked as he now faces two councilors from his own party and our Eyes tell us that two time 1st Congressional District candidate Richard Romero plans on running under the Eli Lee banner.
This week we're taking up the right/wrong question. Is your city headed in the right or the wrong direction? Let us know what you think.
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