Schultz and Fischer Sitting in a Berry-Tree,_______...

As our Eyes have been reporting ever since APD's current chief, Ray Schultz was served a lawsuit at an apartment located near Paseo and Wyoming NE our posters have been flooding us with tips about Mr. Schultz's...um...activities. It seems certain things may be breaking out and may explain his bizarre comments supporting public employees sleeping around. Schultz claims its "...nature at play."

We think we've figured it out. But here is a story we posted earlier this year...perhaps there's more than awards going on here. Perhaps there's something more than what meets the Eye...

Perhaps one of our readers (NOT BERRY) can connect the dots...

"It's not nice to fool with Mother 'Nature.'"

RE-POST
(CLICK HERE TO VIEW ORIGINAL POSTING)

 

Schultz Defends His Incompetence By Blaming Others

“Property crime is up, the Department of Justice is here, APD is below 1,000 officers, there are only seven cadets in the current academy class, 911 response times are up, APD has lost over $30,000,000 of taxpayer dollars and counting in (police misconduct) lawsuits (since 2002,) and (a police union) survey says the officers don’t have faith in Chief Schultz” –Retired APD Sergeant Dan Klein

“It does raise the question of who was minding the store. There is a great benefit to spending time with others in the law enforcement community and attending conferences, but what did we really get for it? Was Chief Schultz out padding his résumé? Or was he bringing tangible benefits back to the city and the department?”—Retired APD Lieutenant Steve Tate

“The promotion of incompetent supervisors is the rule rather than the exception and numerous supervisors have their current position as a result of lawsuits. Leaders who supported their troops were punished by being passed over on promotions while the meek that followed orders without questions were rewarded.” –Retired Officer Chad Wilder

50% of the officers believe Schultz should be fired, 99% think Schultz is doing a poor job and the reason why morale is down.—APOA Survey

“Well there’s never been a story done on me before. I find it a little suspect. I’ve been chief for 8 years but that’s no problem.” “We are under investigation because of the force encounters in 2010. That’s it.”—(current) APD Chief Ray Schultz. Schultz then dismissed Klein’s criticisms, saying he had no direct knowledge of what it takes to be a police chief [and] that Tate was a “mid-manager” who has been gone from APD for several years and said he wasn’t qualified to assess the work of a police chief.

 

In Monday’s paper, Chief Schultz was confronted with his extensive travel and vacation time over the last couple years. In addition to the data in the report, in at least 16 trips covering over 51 days of travel, Schultz went hobnobbing with others to conferences and conventions. In his interview with the Journal’s Jeff Proctor, Schultz got very animated in his discussion regarding officer body cams, vendor discussions, and technology. For those that have interacted with Schultz, we all know how he gets very excited in talking about how technology will solve this or that. Except that we know ideas are worthless when they are not implemented or are implemented by people that have no skills involving law enforcement (for instance self-anointed “smart police” commander TJ Wilham).

But what is truly stunning, is Schultz’s continued denial of accepting any external criticism. As the above quotes indicate honest concerns relevant to APD current state of affairs, Schultz is more interested in discrediting his very critics. Yet despite all of Schultz’s endless posturing about how he’s implemented 95% of these ideas, or unique approaches, DOJ is very much here investigation a department that is in crisis. About 12 officers have graduated from APD’s new training “university” and there are less than 10 in the current academy. The date for the next academy is unknown. But while new recruits trickle in, officers retire as soon as possible and outpace new hires. A whole class of officers have now been determined to have been targets of discrimination. Crime is up. Costs are up. Lawsuit costs are up. Now we have a fatal accident involving a sergeant over the weekend that already smell bad given BCSO’s PIO putting their thumb on the scale comments about why the sergeant may have been running code (really so a person was killed while he was ATL’ng for a drunk driver…really?). Now even one of Schultz’s protected sergeants is in trouble with a domestic violence related arrest in Sandoval County.

Funny how no other department in the state, or region, seems to have so many daily problems. But Schultz will be pointing the finger at somebody else. But there’s one thing Schultz can’t deny, he knows how to use his time to his own benefit. In 2012, there were 240 working days. However of all those days, Schultz was on “work” out of town for 31 days and took 29 days of vacation. So out of 240 days of work, he spent 180 days, or 75% here in Albuquerque. So 1 out of every 4 days, he was somewhere else….And we all know that while Schultz boasts about working around the clock, there is a rotation of duty chiefs. So even Schultz gets to be off and out much more frequently than he states. And it seems he has a favorite companion….and a future trip already planned……..a revisit from last year’s show it seems:

 

September 19, 2013—New England Organized Crime Symposium& Trade Show
Keynote Speakers: APD Ray Schultz and Karen Fischer
                CLICK TO VIEW BY AGENDA HERE

September 28, 2012— New England Organized Crime Symposium& Trade Show
Keynote Speakers: APD Ray Schultz and Karen Fischer
                CLICK TO VIEW NEWS LETTER HERE

And lastly, Lieutenant (Ret.) Steve Tate responded to Schultz's comments with his usual accuracy:

I would like to point out that this "critic&qu­ot; is concerned with the value of the trips and conferences during a time when APD is involved in turmoil. What do we have to show that improved based on these trips and conferences? They may have been a benefit to the city, but what was the return on that investment? This is a valid and deserved question since tax payer money was used . It is a true embarrassment to the entire police department and community that the DOJ is even in town looking into APD. Do the DOJ investigators happen to be qualified to assess the "work of a police chief" since they most likely were never police chiefs themselves. What a ridiculous response by Schultz to valid criticism. I find it very telling that Schultz's response is to claim that his critics are not qualified to assess his work because they never held the position or have been gone for a few years. This shows how disconnected Schultz is. Who knows what his definition is of "work of a police chief". What does that mean anyway? I would rather focus on his performance as a leader. If we do this, then everyone in the APD, city and entire community is more than qualified to assess his performance. Let's ask if the department is in better shape during his tenure and see what the facts show. Let's ask about department morale......and about community relationships. A real leader would be very concerned with morale since it will ultimately impact how the department is viewed by the community. If you treat your department employees the right way, then you can expect them to treat the community the same way. Is it a coincidence that department morale is at an all time crisis level low and at the same time the DOJ has seen fit to come to Albuquerque? Successful organizational leaders understand this relationship with employee and customer (community) satisfaction and put in place initiatives to ensure they can impact this relationship in a positive and effective way. I find it interesting that Schultz has never proactively created an anonymous employees satisfaction survey to gain insight into department morale. The police union did their own survey and when the overwhelming numbers showed they had no faith in Schultz, what was his response? He attacked the critics just like he did in this case. A real leader would have been very concerned and taken steps to work on that relationship internally. A real leader would not blame everything and everyone else as Schultz had done for his almost 8 year tenure as chief. However, Schultz isn't an effective leader and that is what APD needs now....a leader running APD............­not someone just doing the "work of a police chief". Schultz should have stepped down years ago and when he didn't, Mayor Berry should have removed him. APD and the entire community has suffered because of Schultz's ineffective and plain lack of leadership. Don't take my word for it.....especial­ly since I've been gone for 6 years.....ask anyone currently with APD or that has recently left and see what they tell you.....you will be shocked.



Liars Again: This Case has it all; COPS, LYING, SEX, and MURDER

In case you missed it, here's a repeat of a major event that is unfolding in the Levi Chavez trial. On March 16, 2012 we broke the story (READ IT HERE) about how APD's current Deputy Chief Allen Banks was caught lying while under a sworn oath to tell the truth when he was testifying in the labor hearing involving former APD officer Russell Perea.

We also partnered up with other folks to make sure that audio got spread out on the web: Listen to it (HERE).
 

Not surprisingly, we heard another wave of threats about how the 5th and 11th floors were going to take your lovable Eye out. But since these recordings are public record and can be obtained from the city's Administrative Hearing office, and well, are simply the truth, our little terrorists in city power did what they always do....fade away in the night.

Now to be clear, we never supported Russell Perea as a person. It seems there are some very suspicious discrepancies in his account of what he and fellow officer Levi Chavez were doing at the time they were working together that fateful Saturday night in October of 2007. We were critical of APD's efforts to unlawfully terminate an employee. We remain highly critical of Schultz, Banks, and Feist's inability to do the right thing even when it was so obvious there was a coverup for Levi's whereabouts when he was at work. They were so pathetic it almost seems they tried to bungle the termination. And when then hearing officer Zane Reeves overuled the termination, Rob Perry did what Rob Perry does when he doesn't get his way: fire people.

Interesting fact: The murder of Tera Chavez occurred in Los Lunas; Russell Perea worked for Los Lunas Police Department before lateraled over to APD. Hum...Levi Chavez was a lateral too who left Rio Rancho and is in default for the cost of training.

Now Mr. Perea is doing everything he can NOT to testify for his buddy Levi Chavez. How weird is that. One year ago he argued he and Levi were simply working a DV call together where one tagged evidence and wrote the report while the other booked the suspect over a course of a few hours. NOW Mr. Perea is asserting his 5th Amendment right not to self-incriminate himself...

Weird.
 

But don't take our word for it. Listen to the audio and let us know what you think is going on up their in Judge Eichwald's courtroom.

Click on the Picture Below to hear it all (same link as above for YouTube)...

 

Buckner, Kindle, Prostitute​s, Oh My

For many years, APD’s sergeant Ryan Buckner was Ray Schultz’s golden boy. From being handpicked in his assignment to ROP virtually upon lateraling over to APD from State Police, to going to Auto Theft upon promotion to sergeant, to serving on the FBI’s Joint Terrorism Task Force, to ending up as the sergeant of APD’s Intelligence Unit. While at Intel, Buckner received highly privileged training where he spent several months in Langley, VA in training programs run by, what our Eyes tell us, the CIA. Buckner was flown back and forth from Albuquerque to Langley dozens of times and our Eyes tell us several tens of thousands of dollars of local and federal funds were spent on his training.

 

While in APD, Buckner was also Schultz’s chief hatchet man. From running the investigation on Brad Ahrensfield to the case involving former officer Matt Kindle and last year’s case against former officers Robert Woolever and John Doyle, it’s clear, Buckner was Schultz’s “go to” guy for hi-profile investigations involving APD cops. What’s ironic though is Buckner all but lacks any investigative experience in actual case work. Why would Schultz assign cases to personnel who lack any significant experience in the subject matter of the criminal allegations? Buckner never worked impact or violent crimes yet he was assigned the Doyle/Woolever case under the pretense that it was an incident of aggravated battery. Buckner never worked vice, yet he was assigned the Kindle case which involved nearly a dozen charges relating to prostitution and the Ice House prostitution ring. Bucker never worked internal affairs, yet he was assigned the Ahrensfield case.

 

There is also the matter of David Young. Our Eyes tell us Buckner was knee deep in reserve officer David Young’s old activities of unlawfully arresting prostitutes. Given Buckner’s status as a supervisor in SID, did Buckner have access to privileged information on Young? Was it Buckner who actually burned Young? And was Buckner acting on orders from Schultz?

 

Buckner’s activity clearly reveals a pattern and it is clear he was Schultz’s minion for officer investigations. It is also clear these actions are in violation of SOPs, but as we know, Schultz follows and disregards SOPs as he sees fit on a regular basis.

 

But now, with all this expectation of Kindle’s case headed to trial, a deal is cut where the former officer pleads “no contest” to the only standing charge the state could competently go after him on: public corruption. For that, Kindle received 50-hours of community service and 364 days of probation. But with so many charges leveled against Kindle why is it he was able to plea to such a simple misdemeanor?

Well, our Eyes tell us, that the State’s primary witness, Ryan Bucker, was not cooperating, perjured himself in grand jury testimony against Kindle and has all but disappeared. You see, he retired a few months ago from APD and we are told he now is a civilian contractor for Wackenhut, Inc. After years of special treatment, privileged assignments, and endless highly sought after training, Buckner abandoned the department that has spent so much time and money on him to be a….security guard?

 

Our Eyes tell us, this is status quo for any cases handled by Buckner. But while we are disgusted with the conduct of Kindle, who was caught on video doing bizarre sexual conduct, we are left with significant questions for Buckner:

 

Why has the city not pursued him for reimbursement for training costs?

Why has the DA not gone after him for perjury charges?

What has happened to all the “cases” Buckner worked on?

Why has the state’s LEA Board not gone after Buckner’s certification for untruthfulness?

Why has Schultz remained silent on all of these issues?

What files did Buckner take with him to Wackenhut?

What is Buckner’s involvement with reserve officer David Young?

What is Buckner’s relationship with T.J. Wilham?

APOA's Weber Weaving Tangled Web for Officers

This coming Monday's Albuquerque City Council meeting could be kind of interesting. As the flyer shown displays, the APOA presidential candidate Greg Weber is trying to rally members to fight proposed changes to the Police Oversight Commission ordinances. Of specific focus are the citizens who have been criticizing Mayor Berry, that Perry fellow, and Ray Schultz.

 

Given that the city has scrapped and violated promised pay raises, benefits, increased expenses, removed 4-10s (remember those?), under staffed the department, is subject to endless litigation upon and by its own employees, is the target of the a federal investigation, and has endless senior personnel leaving out the back door (and some to a cabin in the woods) faster than you can say CAUGHT YA!...

...sure we guess we could see how this is a good time to rally the troops to argue against those loud mouth citizens who are doing what exactly? Oh yeah, exercising their free right to public dissent.

 

Funny how Mr. Weber has been silent on all the real issues except now that he is no longer a shoe in for APOA president he wants to become all public in his advocacy for the union. Here's an EYE friendly hint Mr. Weber, the folks who have been sand bagging city council actually support the rank and file. They have family members who are rank and file. The people who they stand up and denounce are the very people you are going to defend next Monday: Ray Schultz and the command leadership of APD.

 

You know, officers can put on the "T-shirts" provided by the APOA.  This makes it easier for those officers to be targeted...Didn't Hitler have the Jews put on certain type of "T-shirts" as they were set to the gas chambers?  The Jewish people were powerless against Hitler; we hope the officers of APD are smart enough to avoid Weber's "chamber." 

 

Instead of worrying about the citizens, why don't you do what's best for the members and frequent contributors to this blog by arguing enough with the city's failures to honor its obligations and promises???

 

Shame on you Mr. Weber, agree or disagree with citizens who actually step up to speak against corruption and your position is to defame them?!?!?! Our Eyes will be busy letting us know how that works out for you. Perhaps your time is better spent representing your membership against the very parties who have all but destroyed a once great and proud department: Ray Schultz, RJ Berry, Rob Perry, Allen Banks, Steve Warfield, and the endless commanders and lieutenants who have no business wearing and stars or bars. Why would any APD officer show up to defend the same people who have victimized them like Ray Ray, and the rest of the cronies?

And oh by the way, we think it's great that your new public relations company Impronta is operating out of the very location of the APOA: 500 2nd Street NW. Are you sure your members are aware of this? And really, over $10,000 to send out a few emails?

APD in Limbo Because of the Bimbo's

With the dust still swirling around in the aftermath of Boston last week, once again we are reminded how far away from basic policing Albuquerque’s mayor and discredited police chief have led their department.

Instead of focusing and supporting the rank and file sworn Patrolmen First Class and Detectives in the department, endless gobs of money are spent in support of civilian new hires and so that even more civilians can watch CNN and web based surveillance systems.

In case people haven’t noticed, there is no APD academy running and only five officers graduated to move on into the three phases of OJT. Our eyes tell us of those five, only three are for sure to track on into APD’s patrol division. Of course, DPS and NMSP are not under investigation by the DOJ so they don’t have recruiting problems like APD. DPS is reported to have almost 60 cadets in their academy and NMSP has over 30. APD has NONE.

But that’s ok, because while there are fewer officers in APD in almost twenty years, Ray Schultz and RJ Berry’s response has been to make things not better but worse. Not only are more resources being spent on endless tech “solutions” but now we are told the city is on a recruiting campaign to hire over 60 PSA’s.

Again the double speak is stunning. Under Berry and Schultz’s direction, hiring standards were modified where candidates needed to have at least 60 college credit hours (a qualification Ray Schultz wouldn’t even pass with his diploma mill degree). And never mind that they are not sworn yet expected to process even felony crime scenes (won’t that make the citizenry happy!), we can only imagine how they will fair in court (won’t that make the attorneys happy!).

Yet according to Schultz, one can now become a PSA with a pulse and then can track into APD as a sworn officer sidestepping a state mandated academy requirement. Huh? Citizens with lots of life experience…no thanks. Teenager….please apply.

We wonder what the state’s Law Enforcement Academy Board will think of this since an abbreviated academy is in violation of state law. By statute, peace officer candidates MUST require a 600 basic academy training program. Last time the Eye checked, there is no Schultz waiver to state law as much as he tries to intimidate the LEA Board into thinking he knows all there is about policing.

So while TJ and company watch TV’s and flocks of teenagers become PSA’s, perhaps the Boston area police department’s will come to our aid when the Mexican cartels decide to wage a war here in Albuquerque. And to our friends in APD, remember that lawsuit that was filed years ago regarding unpaid wages? Don’t worry about it, it hasn’t gone anywhere. While departments across the country have WON their lawsuits for unpaid wages, you can be sure, nothing has been done to move this case forward since February 2012 by your lawyer.

Low pay

Low staffing

Low representation

Low support…

Mayor Berry and Ray Schultz and company, this is not the limbo, this is the state’s largest police department in the state’s largest city. You two bimbo's own this mess.

The Regulator Tells a Story of Truth...

Remember When...

 

Given the events of this week, we at the Eye just don't really have much to say except where we are today is where Mayor Berry and APD Chief Ray Schultz have brought the City and the State's largest police force. (And an extra special hat tip to disgraced former city Public Safety Director, the nefarious Darren P White.)


Remember when APD personnel ranked among the most skilled in the state? Now this is where Schultz and Berry have led them:
http://www.koat.com/news/new-mexico/albuquerque/Stolen-TV-found-in-APD-officer-s-home/-/9153728/17824082/-/14q0ap4z/-/index.html
http://www.youtube.com/watch?v=_TMBBn6lPPc
http://www.krqe.com/dpp/news/crime/apd-sergeant-resigns-after-arrest
http://www.kob.com/article/stories/S2611097.shtml
http://www.krqe.com/dpp/news/crime/apd-officer-arrested
http://www.abqjournal.com/main/2013/03/26/news/breaking-apd-sergeant-charged-with-vehicular-homicide.html

Remember when APD was one of the most respected departments in the country? Now this is where Schultz and Berry have led it:
http://www.justice.gov/opa/pr/2012/November/12-crt-1415.html
http://www.abqjournal.com/main/2013/03/16/news/10-million-verdict-in-apd-shooting.html
http://www.nytimes.com/2012/11/28/us/justice-dept-to-investigate-the-police-in-albuquerque.html?_r=0
http://news.yahoo.com/nm-police-dept-scrutinized-over-adversarys-death-100905468.html


Remember when the APD Chief and Deptuy Chiefs weren't caught lying? Now this is where Schultz and Berry have led it:
http://www.youtube.com/watch?v=K5CaJaQ61tw
http://www.abqjournal.com/main/2012/11/13/abqnewsseeker/breaking-police-union-to-announce-officer-survey-results.html
http://www.krqe.com/dpp/news/central/swat-standoff-ends-with-one-suspect-dead

Any Questions?

IF you, citizens and officers alike, are okay with where things have been going and are okay with where Berry has led this city, then by all means do nothing.

But If you are tired of these lies, cover ups, and disgusting acts of misconduct by the very leaders of the city and APD contact Pete Dinelli and Paul Heh's campaigns to find out what you can do to help.

http://petedinelli.com/
http://www.heh4abq.com/

 

The time has come to rid Albuquerque of evil elitist' Like Berry who think they are better than you because they has a "Silver Spoon" shoved in thier mouth and have a big bank account. Berry is planning on "BUYING" this elelct flat-out.

 

ENOUGH IS ENOUGH!

WHAT WILL SCHULTZ NOT LIE ABOUT?

Earlier this week an APD officer was shot in the buttocks. As the department turned the city upside down in an effort to find and apprehend the shooter, events culminated in a dramatic SWAT activation on March 19^th in the Foothills Area Command at an apartment at 13110 Constitution.
 

Just a few weeks ago, Albuquerque’s Mayor RJ Berry boasted that because of the efforts of him, Perry, and Schultz, APD had not had a shooting in six months. Yet, failing to grasp the reality that is policing, no sooner had Berry made his uninformed comment than APD officers were involved in three shootings with two of them fatal.

However, what concerns us, is the triumvirate’s effort to constantly spin everything away from reality. You see, policing and law enforcement is about the facts. Nothing more. Nothing less. Just simply objective analysis of an event to find out what the facts are.

On March 19^th, APD’s beleaguered chief held a press conference detailing a minute by minute chronology of APD’s latest shooting at 13110 Constitution NE. Regarding the shooting in particular he stated:

“At 1230, the decision was made to deploy gas into the apartment.”
“At about the same time, officers came under fire from people inside the apartment.”
“At 1232 another volley of shots were fired from the apartment.”
“And about 15 minutes later, additional rounds were fired at officers.”
“At approximate 10 minutes past 2 additional shots were fired from the apartment.”
“About 10 after another single shot was fired in the direction of an APD officer.”
“One APD officer did fire rounds at that time back at the apartment.”
“At approximately 230 additional shots were fired from the apartment at officers.”
“At approximately 25 minutes after three the subject appeared in the doorway with a hand gun at which time a NMSP officer fired one round.”
Yet Schultz has stated that the 1^st APD officer who fired rounds back at the apartment did so because other SWAT officers were deploying CS gas canisters into the apartment.
And our Eyes tell us that another APD officer accidentally discharged his weapon while at the scene.

Questions:

1. If events are unfolding as it seems they were, why bother concealing that an APD K9 officer fired rounds in response to gunfire coming out from the apartment?

2. Why conceal the K9 officer’s gunfire under the ridiculous statement of it being used so other officers could launch CS into the apartment?

3. Since when is deadly force used so that less lethal force can be used?

4. What of the accidental discharge by the APD officer?

 

To all of our friends in APD, if Schultz will lie under circumstances such as these, what will he NOT lie about? Do you really think Berry, Perry, and Schultz have the citizens and your best interests at heart?

On behalf of the citizen's who are embarrassed by the actions of Berry's Chief of Police; Apologies to the NMSP for being presented as derogatory for the actions and inabillities of Albuquerque's Police Chief Ray Schultz.

DISTRACTION TECHNIQUES; RESTART

Last Friday as much of the city waited for the verdict in the wrongful death trial of Ken Ellis III, RJ Berry and his cohorts, Perry, McCleskey and city attorney David Tourek moved Berry's re-election effort into full gear. You see, hours before the verdict which, on paper, awarded Mr. Ellis' son over $10,000,000 in damages (we say on paper because no sooner was the verdict read then Tourek and Perry moved to have the judgment set aside, a reversal of Judge Bacon's summary judgment ruling, and a new trial--all of which will delay justice due to the Ellis family) not so coincidentally APD's notorious chief announced his pending retirement. In the world of policing; this is referred to as a "distraction technique."

NOTE: Why was Schultz's Letter of Retirement dated March 13, 2013, but was not publicly announced till March 15, 2013? Why has Berry, Perry and Schultz refused to comment on it until Monday, March 18, 2013? This was all a distraction technique to shift the publics' attention away from the $10,000,000.00 verdict.

The premeditated announcement of Schultz's "retirement" dominated the newscasts. While the stations and paper covered the Ellis verdict, that story was overshadowed by Schultz's announcement. We heard about how long he's been chief. What's happened since he's been chief. What he's done since he's been chief all ad nauseum. But of course we didn't hear when the chief is retiring.

You see it's because he isn't. Or is not planning to. His letter is dated two days before it's release and it is sent not to Mayor Berry but to CAO Rob Perry. It also does not identify a date except that it may be after the election. But we all know what that means. IF Berry were to win re-election, we will no doubt hear about Schultz making the greatest personal sacrifice while stepping up to the call of duty and REMAINING as APD's chief of police.

The local paper saw fit to reflect on some cherry picked items noting the highlights and lowlights of Schultz's tenure in office. Let's flesh that out a bit shall we? In fact, let's just keep it to 2012...

•APOA survey identifies morale is at the worst it could be and that the mayor and chief have led the department to it's horrid state.

APOA president Sigala is arrested and booked and investigated for massive embezzlement and fraud yet the case mysteriously disappears while Schultz remains silent.

•Officer misconduct cases where Schultz was aware of the misconduct but failed to do anything prior to the news media breaking the story.

Chad Solis, Conner Rice, Ron Suran and the runaway taser and beating incidents.

Patrick Ficke; allegations of drunk driving in a police car and domestic abuse against a family member and other inappropriate behavior both on and off duty for over a year.

Several ranking members of APD whom were with Ficke drinking are now also under investigation.

Adam Casaus; allegations of speeding through a red light at 80+ MPH resulting in the death of a young lady and severely injuring her sister.

•IPRA violations and noncompliance resulting in ongoing lawsuits

•Lieutenant lawsuit by over four lieutenants who allege discrimination in the department promotional process

•Age discrimination lawsuit by dozens of APD officers after federal EEOC investigators found they had cause to sue.

•DCOP Banks lying under oath in sworn hearing.

•Violations of officer involved shooting SOPS (Peck, fleeing car, Parrish)

Releasing of evidence

 

Contaminating (spoilage of) evidence

Tainting witnesses

•Unlawful termination of employees and intimidation of employee favorable witnesses. All we need to say is John Doyle and Robert Woolever.

Unlawful use of public property

 

Friends of SWAT operating out of the Valley Area Command

Karen Salazar’s new private ARAPA organization operating out of the Main Police station

Personnel staffing Tiburon

TJ Wilham’s use of RTCC for private purposes

•Schultz seen socializing with disgraced nefarious PSD Darren White at MMA fights in ringside seats while technically the duty-chief and on call.

•Staffing problems

Limited recruits

Accelerated retirements

•Officer response times all time high

•High profile misconduct

Han (botched murder investigation) incident

Retired District Court Judge Murdoch

•SWAT losing federal certification

•Financial mismanagement

$160M for a department 15% smaller than it was 5 years ago

•Creation of a 4^th deputy chief position

•Nepotism

Police cadets related to sworn personnel who are not qualified to be hired because of fitness disqualifications or criminal issues.

•Termination of T. Zane Reeves who is recognized as one of the country's leading employment hearing officers

•National recognition of the worst kind in media stories across the country:

Police shootings

Mary Han’s crime scene intentional contamination and bias

•Promotion system built on cronyism

Christman, Rowe, Comacho

•Deputy Chief’s assigned to bureaus they have no experience

 

Banks as FSB DCOP

•West Mesa Murder investigation dropped
 

•Manipulation of UCR data (past and current)

•Leaderless leadership style—nobody is in command

City lawyer David Tourek never present

CAO Perry never aware

Mayor Berry never knowing

Chief Schultz not knowing

•Property crime is up

•Berry’s and Schultz’s Our city, Our property initiative is a total failure

•nITE detectives unit fiasco

 

AND LAST BUT NOT LEAST: a full blown comprehensive federal investigation of APD by the US Department of Justice which now our Eyes tell us, includes a criminal investigation as well.

 

After all of this in just one year, what else can one say but it is time to take out the trash and restore this department to the model police department it was. We hope the door does hit Schultz on his way out; oh wait, that whole thing about retiring was just a distraction technique unless Berry loses.

But if there was any doubt that our local paper is nothing short of a propaganda piece for the Berry administration, one only has to look at Sunday's editorial by Michael Coleman of the Journal's "Washington Bureau." In the editorial he describes as "explosive" and "serious" allegations in the Assistant AG Perez's Civil Rights Division that certain conservative DOJ lawyers have their feelings hurt. In a review of 10,000 documents and interviews with over 80 people, an inspector from the Inspector General's office found troubling evidence of "liberal bias" and employee intimidation (READ it  HERE).

We just want to make sure we understand the standards the Journal adheres to: If you are an assistant attorney general of the United States and some employees have their feelings hurt the paper will do a Sunday Edition with an editorial scrutinizing you. But if you are a "major city" police chief and you leave a trail of ruined lives, death, cover-ups, financial mismanagement, confirmed patterns of age and racial discrimination, perjury, lies, deception, omission, and acts of abuse of power the paper will refrain from any direct criticism or editorials condemning your activities.

Is this right?

Does the Guns Disposal Program equal NEW/BETTER GUNS for Participants?

People have a right to keep and bear arms; this is guaranteed by the Second Amendment of the Constitution.  We here at the Eye received many emails from citizens whom were critical about the Eye’s story about the City’s attempt to disarm the citizens of Albuquerque.  We still stand by our claim and statements in regards to the Gun Disposal Program but we found there is more to the story and there is a positive spin on it. We have a clear affection for guns and the gun “buyback” programs that help people become better armed. 

Our readership sent us several emails telling us to leave our criticism of the programs alone.  The leading reason for turning in a gun; people are turning in their junk (broken) firearm’s which are basically worthless and receiving monetary compensation.  What a DEAL; RIGHT!  Several of our readers told us they used this money to go out and purchase a new functional gun or ammunition to another firearm. Way to go Berry and Schultz.  The APD version went broke quickly but other agencies have kicked in some “bucks” (that’s for all of our hunters). 

In a recent Journal article titled, “Gun buybacks: Do they work?” By Leslie Linthicum (Read it HERE), the reporter stated the following:

[The National Research Council, in a massive review of firearms and violence in 2004, examined gun buybacks and their theoretical premise – “that the program will lead to fewer guns on the streets because fewer guns are available for either theft or trade, and that consequently violence will decline.”

It found that theory lacking and explained why. First, the guns that are turned in tend to be older and sometimes barely functioning and they are by definition unwanted – not the type of guns likely to be used in a crime. Second, replacing guns is easy. And third, the statistical likelihood that any one gun will be used in a crime is tiny.]

So, although we here at the Eye view the “Weapons Disposal Program” as the first step to a communist like Berry to try and disarm the Citizens of Albuquerque; there is a benefit for our citizens for now.  

Schultz Defends his Incompetence by Blaming Others

“Property crime is up, the Department of Justice is here, APD is below 1,000 officers, there are only seven cadets in the current academy class, 911 response times are up, APD has lost over $30,000,000 of taxpayer dollars and counting in (police misconduct) lawsuits (since 2002,) and (a police union) survey says the officers don’t have faith in Chief Schultz” –Retired APD Sergeant Dan Klein

“It does raise the question of who was minding the store. There is a great benefit to spending time with others in the law enforcement community and attending conferences, but what did we really get for it? Was Chief Schultz out padding his résumé? Or was he bringing tangible benefits back to the city and the department?”—Retired APD Lieutenant Steve Tate

“The promotion of incompetent supervisors is the rule rather than the exception and numerous supervisors have their current position as a result of lawsuits. Leaders who supported their troops were punished by being passed over on promotions while the meek that followed orders without questions were rewarded.” –Retired Officer Chad Wilder

50% of the officers believe Schultz should be fired, 99% think Schultz is doing a poor job and the reason why morale is down.—APOA Survey

“Well there’s never been a story done on me before. I find it a little suspect. I’ve been chief for 8 years but that’s no problem.” “We are under investigation because of the force encounters in 2010. That’s it.”—(current) APD Chief Ray Schultz. Schultz then dismissed Klein’s criticisms, saying he had no direct knowledge of what it takes to be a police chief [and] that Tate was a “mid-manager” who has been gone from APD for several years and said he wasn’t qualified to assess the work of a police chief.

 

In Monday’s paper, Chief Schultz was confronted with his extensive travel and vacation time over the last couple years. In addition to the data in the report, in at least 16 trips covering over 51 days of travel, Schultz went hobnobbing with others to conferences and conventions. In his interview with the Journal’s Jeff Proctor, Schultz got very animated in his discussion regarding officer body cams, vendor discussions, and technology. For those that have interacted with Schultz, we all know how he gets very excited in talking about how technology will solve this or that. Except that we know ideas are worthless when they are not implemented or are implemented by people that have no skills involving law enforcement (for instance self-anointed “smart police” commander TJ Wilham).

But what is truly stunning, is Schultz’s continued denial of accepting any external criticism. As the above quotes indicate honest concerns relevant to APD current state of affairs, Schultz is more interested in discrediting his very critics. Yet despite all of Schultz’s endless posturing about how he’s implemented 95% of these ideas, or unique approaches, DOJ is very much here investigation a department that is in crisis. About 12 officers have graduated from APD’s new training “university” and there are less than 10 in the current academy. The date for the next academy is unknown. But while new recruits trickle in, officers retire as soon as possible and outpace new hires. A whole class of officers have now been determined to have been targets of discrimination. Crime is up. Costs are up. Lawsuit costs are up. Now we have a fatal accident involving a sergeant over the weekend that already smell bad given BCSO’s PIO putting their thumb on the scale comments about why the sergeant may have been running code (really so a person was killed while he was ATL’ng for a drunk driver…really?). Now even one of Schultz’s protected sergeants is in trouble with a domestic violence related arrest in Sandoval County.

Funny how no other department in the state, or region, seems to have so many daily problems. But Schultz will be pointing the finger at somebody else. But there’s one thing Schultz can’t deny, he knows how to use his time to his own benefit. In 2012, there were 240 working days. However of all those days, Schultz was on “work” out of town for 31 days and took 29 days of vacation. So out of 240 days of work, he spent 180 days, or 75% here in Albuquerque. So 1 out of every 4 days, he was somewhere else….And we all know that while Schultz boasts about working around the clock, there is a rotation of duty chiefs. So even Schultz gets to be off and out much more frequently than he states. And it seems he has a favorite companion….and a future trip already planned……..a revisit from last year’s show it seems:

 

September 19, 2013—New England Organized Crime Symposium& Trade Show
Keynote Speakers: APD Ray Schultz and Karen Fischer
                CLICK TO VIEW BY AGENDA HERE

September 28, 2012— New England Organized Crime Symposium& Trade Show
Keynote Speakers: APD Ray Schultz and Karen Fischer
                CLICK TO VIEW NEWS LETTER HERE

And lastly, Lieutenant (Ret.) Steve Tate responded to Schultz's comments with his usual accuracy:
I would like to point out that this "critic&qu­ot; is concerned with the value of the trips and conferences during a time when APD is involved in turmoil. What do we have to show that improved based on these trips and conferences? They may have been a benefit to the city, but what was the return on that investment? This is a valid and deserved question since tax payer money was used . It is a true embarrassment to the entire police department and community that the DOJ is even in town looking into APD. Do the DOJ investigators happen to be qualified to assess the "work of a police chief" since they most likely were never police chiefs themselves. What a ridiculous response by Schultz to valid criticism. I find it very telling that Schultz's response is to claim that his critics are not qualified to assess his work because they never held the position or have been gone for a few years. This shows how disconnected Schultz is. Who knows what his definition is of "work of a police chief". What does that mean anyway? I would rather focus on his performance as a leader. If we do this, then everyone in the APD, city and entire community is more than qualified to assess his performance. Let's ask if the department is in better shape during his tenure and see what the facts show. Let's ask about department morale......and about community relationships. A real leader would be very concerned with morale since it will ultimately impact how the department is viewed by the community. If you treat your department employees the right way, then you can expect them to treat the community the same way. Is it a coincidence that department morale is at an all time crisis level low and at the same time the DOJ has seen fit to come to Albuquerque? Successful organizational leaders understand this relationship with employee and customer (community) satisfaction and put in place initiatives to ensure they can impact this relationship in a positive and effective way. I find it interesting that Schultz has never proactively created an anonymous employees satisfaction survey to gain insight into department morale. The police union did their own survey and when the overwhelming numbers showed they had no faith in Schultz, what was his response? He attacked the critics just like he did in this case. A real leader would have been very concerned and taken steps to work on that relationship internally. A real leader would not blame everything and everyone else as Schultz had done for his almost 8 year tenure as chief. However, Schultz isn't an effective leader and that is what APD needs now....a leader running APD............­not someone just doing the "work of a police chief". Schultz should have stepped down years ago and when he didn't, Mayor Berry should have removed him. APD and the entire community has suffered because of Schultz's ineffective and plain lack of leadership. Don't take my word for it.....especial­ly since I've been gone for 6 years.....ask anyone currently with APD or that has recently left and see what they tell you.....you will be shocked.

RIVER OF DENIAL

As states and cities in those neighboring states move forward with economic growth, here in Albuquerque we are stuck in a period of denial. We have a city administration in denial about its failures and a print media that seems to endorse the mayor's incompetence by it's silence. A silence and noticeable absence of criticism it makes one wonder if there isn't something else in play....

Well, we'll get to that story in a few days. But the city recently released it's 2012 financial statement. Since this document is presented to financial types and not general citizens it is full of actual facts and figures. Gone from it are the rosy wishful pictures that the Berry Administration presents in the Albuquerque Progress Report. In the financial statement we see the hard numbers from years past and the current year.

A few weeks ago, KOB-4 ran a story that reported not only is the city losing jobs, but people are moving away from the city in record numbers (READ IT HERE). People are actually moving to that mess known as Washington DC in lieu of Albuquerque! They're moving to Nevada as well!

Well now, despite that fact that other cities who were hit MUCH harder in the 2008 recession are now thriving, Albuquerque is still in the doldrums. As the image here presents, permits for new construction are still going down. In fact they are almost half of what they were in 2008 and not even double of what they were in 2009. Comparing these numbers to years earlier you can see that Albuquerque as a city has virtually ground to a halt in terms of growth during Berry's term.

What is so shocking is that despite the best weather in the Country, an amazing landscape rich in history and culture, and convenient access to anywhere, Albuquerque continues to stagnate. Even Santa Fe is doing well and has seen progress that out paces Albuquerque.

There is only one problem keeping Albuquerque from moving forward: RJ Berry. Between his inability to exemplify true leadership with his city, his employees, and his department directors and the endless fiasco that is APD and Ray Schultz people are weary and see little hope for progress.

Without hope for the future, why bother investing for it today? Maybe the Sherman McCorkles, Jay McCleskeys, and Darren Whites can answer that for their failed mayor. While they are busy worrying about fringe Republican agendas (here's a hint fellas, not only does it not work, but it's antiAmerican) they are missing the very things that matter most to people: the future.

PROPAGANDA

Over the last month it seems the city has launched a full scale effort to promote a kinder gentler image of APD officers. In recent weeks we've seen press releases (yes they get forwarded to the Eye) and stories in the media profiling seemingly unique and uncommon efforts by APD officers. We've heard stories concerning an officer who covered the bus fair for a man wanting to be with his sick daughter in Colorado, a roadside hug given by an officer to a young boy, and most recently the city's mayor gave a "Hero of the week" award to two officers who drew crime maps and tracked their stats over a given area.

We at the Eye applaud any and all officers who take ownership of their job and embrace the very nature of what it means to be a police officer: to do what's right regardless of who is looking. Police officers have duties that go beyond fighting crime and include emergency response and community caretaking responsibilities. And virtually all officers would simply like to be thanked and left alone to do their job.

However given the sudden momentum in the city's promotion of, let's be honest, daily events for officers, our advice to all officers in the city is be very careful that you are not being played. When the city focuses attention on a given officer for a given event we all know there are endless examples of other officers who have done the same but for whatever reason are abandoned by the city.

Or they simply do their job and do not draw attention to their valiant efforts.

The mayor and the chief's sincerity in recognizing such accomplishment is limited to the moment they are in front of the cameras as many of our Eyes and readers know from first hand experience. The expression "no good deed goes unpunished" is an unwritten rule that is taught to all cadets in what used to be a law enforcement police academy here in Albuquerque. Given the DOJ is now barely ankle deep in their investigation of APD, we expect even more soft feel good measures promoting non-law enforcement actions by officers. One has to questions, why now?

LIAR LEVY

Over the last few weeks there has been much drama over in the halls of the Police Oversight Commission. To much of the Eye's delight, even the Albuquerque Journal has covered some of the shenanigans going on. (Read it HERE). You see, at one of their recent hearings, POC member Richard Shine ordered a public speaker to cease talking and sit down. When the speaker persisted to enjoy his First Amendment right to free speech he was removed from the hearing. In the following days the Journal openly stated that the commission has lost "all credibility" (Read it HERE) and supports the efforts of two city councilors who want to totally overhaul the commission (Read it HERE). The fact that the Eye and the Journal  are in agreement on an issue should speak volumes!

But as usual there's another story that is not being reported. At these hearings there are citizens using the public comment time to protest of actions by APD executives and the POC.  While we realize many APD officers are not in agreement with those citizens, we all agree they have a right to speak freely. But do they have a right to be free from being monitored by the very people they are expressing their dissent against? We think they do and we are extremely concerned about the picture here. In the picture, we see none other than APD/Ray Schultz lawyer Kathy Levy recording an image of people speaking at the meeting. Given the nature of what has happened in recent weeks by what can truly be described as bizarre behavior by POC members, is it possible that when the lead attorney for APD, sitting alongside the chief of police, deputy chiefs, and SED director Marc Adams is personally recording the actions of citizens and commission members she is influencing the very people in place to hold her and her chief accountable.

While citizens who speak at the hearing are aware that the news or the city may be passively recording their words, is it not a different issue when the very target of your criticism is taunting you by using her own cell phone in a personal capacity? It's one thing when the police are recording an encounter with you out in the street, it's something entirely different when their lawyer is documenting the public expression of citizens critical of the very office that employs her.

Several of our Eyes over the last week have been busy researching the failures of Ms. Levy in court. It seems her reputation for earning the ire of the judiciary is well founded in the numerous times she has earned fines by the court for misconduct. A list of such cases was provided courtesy of a recent poster:

Costales v Sanchez, No. 07cv827 MV/ACT,Doc. 113 (D.N.M. memorandum opinion and order filed Dec. 10, 2008)
Chavez v. City of Albuquerque, No. 07cv476 JCH/RHS, Doc. 19 (D.N.M. Magistrate Judge’s order filed Oct. 29,2007)
Painter v. Wells Fargo, et al., No. 07cv395 MCA/ACT, Doc. 42, 47 (D.N.M. Magistrate Judge’s memorandum opinion and order filed Mar. 3, 2008, and order filed Mar. 18, 2008); Canizales v. Armendariz, et al., No. 07cv198 JB/RHS, Doc. 74 (D.N.M. order filed May 12,2008);
Graham v. Kenny, et al., No. 07cv258 MCA/DJS, Doc. 38 (D.N.M. memorandumopinion and order filed Sept. 17, 2008);
Hatheway v. Thies, 335 F.3d 1199, 1207 & n.3(10th Cir. 2003);
Regensberg, et al. v. Cityof Albuquerque, et al., No. D-202-CV-200701342 (N.M. 2nd Jud. Dist. Ct. final order filed Jan.31, 2008);
DeLeon v. Arias, No. 10cv105 JCH/RHS, Doc. 5 (D.N.M. motion for entry of default and default judgment filed Mar. 12, 2010);
Harris v. State of New Mexico, No. D-202-CV-2010-00789 (N.M.2nd Jud. Dist. Ct. petition filed Jan. 12, 2010).
Slook v. Albuquerque Police Dept. et al., 07-cv-46 WJ-RHS, Doc. 50

And then there are all the cases that get suddenly settled and evade the court record. The Eye calls for an open inquiry into the misconduct by Ms. Levy and demand that there be a strict review of her performance as a city lawyer AND her adherence to the New Mexico Bar requirements for ethical and professional conduct.

Lastly, it seems that the department's lawyer is very busy in escorting Chief Schultz in various capacities to conferences that are strictly law enforcement in nature. It also seems the Chief travels with quite an entourage when he embarks on city business...

Schultz Executes and Deploys (Another) Failed Plan

About ten years ago, in 2003 the Albuquerque Police Department was awash in scandal involving evidence room thefts and tampering, sexual liaisons between SED personnel and deputy chiefs, supervisory misconduct, and a manpower shortage that seemed to be as bad as it could get. To say the department was in crisis was not an overstatement. But put in today’s context, those issues seem relatively mild. A mere bump in the road. Now the storm has come full circle and this time APD’s chief of police Ray Schultz is subject to a true neutralizer on the playground: the US Department of Justice

Now it seems another federal agency has entered the fray: The US Department of Labor. In response to the manpower crisis facing the department in 2003, APD launched the ReHire program. In this program they offered to rehire recent retirees back on the police force. The department wasn’t getting enough applicants to fill even one academy a year (sound familiar? We are told there are less than 10 cadets in the current class) but rehires liked the idea. Here we had experienced personnel who could come back and be police officers.

Over time rehires found positions throughout the department. They were no longer just on patrol but they were assigned specific positions by, you guessed it, Ray Schultz. Yet while there were some rehires that were given these special perks, it seems Schultz only did this for select friends. For the vast others (there are upwards of 100 rehires in the department today) they were left to contend with positions on patrol. Unless you were a protected by Schultz you got where you were sent and that was it.

This scenario proved unacceptable to most of the rehires and they petitioned the city and the APOA for change. They said they were being discriminated against because there were two sets of standards: one set for non-rehires and another set for rehires. Schultz and the APOA shrugged them off, and being that they are cops, they did not go away. In fact they went to the EEOC and filed a complaint of age discrimination against APD/Schultz and the APOA.

Well, after almost two years of arguing and counter arguments the EEOC issued their determination on the matter. The EEOC has found that the City/Schultz and the APOA have in fact discriminated against the rehires as a class and the employees have been deprived of certain opportunities and burdened with additional costs solely because of their age.

The scale of this decision cannot be under estimated. Because of poor, if not illegal, planning and deception by the APD’s Ray Schultz, and the APOA, have now burdened the taxpayers with liability on a scale that almost defies belief. All of the rehires now have a standing claim of discrimination against the city and the APOA for their practices.While we know the issue of rehires is very controversial amongst APD officers and we at the Eye do not take sides in this matter because each side has valid claims. However we believe all officers should be treated equally regardless of their immutable characteristics and their one common trait: their blood is blue.

Mayor Berry and CAO Perry, you were aware of these issues yet you chose to retain the primary offender in this mess: Ray Schultz. While he executed and deployed the failed plan that has now burdened the taxpayers with this mess, you failed to act make things right. Now you will have to restructure everything from the entire bid, to current specialized unit assignments, from pay disparity to PERA contributions. And you will have to adjust things retroactively...