Something is 'Cook'ing or Should We Say; Someone?

 

It's amazing how the mouthpieces of the Berry Administration continue to promote this bizarre idea that everything is "all good" and that Albuquerque is moving forward. Even when broken, a clock is right twice a day fellas. You might ponder the real meaning of this. Considering the events of this week, we'd say the clock is so broke you can't even tell what time it is!!!

 

Former Counselor Cook is Cooked

What can you say regarding former city counselor Michael Cook? Arrested for DWI late Wednesday night, the Eye would like to recognize him for taking responsibility for his actions as he promptly resigned from his position as a city counselor. Mr. Berry, Mr. Perry, and soon to be Mr. Schultz, you might take note of Mr. Cook's actions. Notice how by resigning he puts all the issues that would otherwise affect the city to rest? Notice how his ownership of his error immediately makes it a non-issue? We are by no means endorsing Mr. Cook's alleged DWI offense. But we do respect a person who is willing to take ownership of such issues when it clearly affects his ability to work in public's interest. This is something Berry, Perry, and Schultz have no concept of given the hole they have buried the city in with all of their misconduct. Make no mistake about it, the mess they have let happen will cost us tens of millions in extra taxes. Just look at what is happening in New Orleans as they try to satisfy elements of their DOJ consent decree tab. We only had Hurricane BPS, at least New Orleans had a true natural disaster happen there!

Sontag Rising

 

Our Eyes tell us retired APD Lieutenant Sontag is on his way to be the interim chief. Given his standing with the state's fringe Republican neo-conservative Tea Party, we suspect he will simply be the front-man for CAO Rob Perry. It'll be Perry's way or the highway. Whatever representations Sontag makes with respect to his "clean up" of APD's evidence room issues, trust us the bodies are still buried there in evidence. Our Eyes tell us Sontag could be taking the chief's chair as early as June 1. We'll see.

 

Cartels Among Us

For those of us who are concerned with the macabre crimes of bodies being buried and burned in the cars lately, here's a jump at the obvious, the Mexican drug cartel La Linea is very much in operation here in Albuquerque. This is not anything new as homicide has been actively investigating, and playing down, what are clearly Mexican cartel order murders. Sorry, whenever Mexican nationals and their family members are slaughtered, the crime speaks for itself: It's a message. The message is for others to fall in line "or else." Women burned in cars, children with their throats cut open, people mutilated, kidnappings. We hate to be the bearer of bad news but the cartels are here. Our only concern is what happens if the Sinaloa Cartel decides to take on La Linea over the territory known as Albuquerque? So many experienced officers have left the department and the officers are so cowed into a bunker mentality we can expect a summer like last year but worse.

 

Officers & Deputy Chiefs

 

The Field Services Bid happened once again, and given the numbers of officers who bid, our Eyes tell us expect more end of shift hold-overs, fewer officers on duties, more forced overtime, fewer vacation days, more responsibility, more explaining to citizens why their call held for so long, more explaining why DOJ is here and how they are not going away anytime soon. But we do know who is going away. About a year ago two-time civil rights violator Steve Warfield was promoted to Deputy Chief of APD. With his stars barely even on, our Eyes tell us he announced his retirement. Why bother promoting to the position if you're going to leave? At lease retired Deputy Chief Beth Paiz had the common sense to decline to take Ray Schultz's job.

 

Lastly, our Eyes are telling us the local Republicans are in fuss over something. There are a lot of sweaty palms and lots of bunkers being built...it seems something big is coming. But then again, that's the Republican way, to just always be afraid that something big is coming. In this case, perhaps it's knowing that Pete Dinelli and Paul Heh have gotten so many signatures that they are already in the cushion zone and still have through the end of the month. Whatever you do Darren White, please do not endorse Mr. Heh or Mr. Dinelli, that will surely torpedo anything effort to kick Berry to the curb!

Oh yeah, shame on those of you who thought this story was going to be about Schultz... Just-a-little-bit of Eye humor.

Talk is Cheap!

This past April, we reported about how retired APD Senior Sergeant, Paul Heh, filed a complaint against the APOA for the questionable spending practices by former president (and former officer) Joey Sigala and former vice-president Felipe "Flip" Garcia. Sgt. Heh's letter was not only in response to APD Chief Schultz's erroneous claim that an investigation could not commence without a complaint, but it was also simply the right thing to do. Many who have either retired or resigned from the department had paid money into the APOA's general fund and thanks to APOA lawyer Fred Mowrer"s email alerting all to the issue, it seemed those funds were spent unlawfully. In fact it seems they were embezzled.

Chief Schultz initially wanted to the keep the financial crimes investigation in house by assigning White Collar Crimes Sergeant Anthony Sedillo to the case, but because of Sgt. Sedillo's conflict of interest, investigators from the NM State Police came in--and are still conducting their detailed investigation. As we reported last spring, Eyes close to that investigation have told us it is not "if" crimes occurred but "how many."

Despite all of this, the new leadership of the APOA, Greg Weber and Tommy Henderson remained motionless and silent in confrontation to the events swirling around them. While Sigala and Garcia resigned in disgrace, Weber and Henderson dutifully stepped forward and did a press release in Mayor Berry's media room and announced, to the Mayor's benefit, the suspension of providing any financial relief to officers who had been involved in shootings. Shortly thereafter, the APOA voted for a new vice-president and former Chicagoan Shawn Willoghby was elected. All during this dynamic period and much of the period over which massive funds disappeared from the APOA's coffers, APOA treasurer Matt Fisher remained in place and steadfastly held that he had done nothing wrong.

Finally, this past summer the APOA invited an auditor to come in to do their own investigation of the missing money. Our Eyes tell us this delay was the result of the assignment of a committee to look in to the matter and decide whether an audit was even necessary and decide on a CPA firm to do the work.

Well, after months of work and review our Eyes tell us the CPA presented her findings this week. After years of abuse of spending member's money, after the resignation of the former president (and his subsequent arrest), and vice president, after the maneuvering of new leadership seemingly at the direction of the mayor, after countless delays to invite an auditor in, after the public announcement of a criminal investigation into the matter by the NMSP, and after spending over $18,000 on the audit, our Eyes tell us:

Over $150,000 was spent via credit card and unjustified checks during Sigala's reign as the APOA president but that because there are no receipts and by-laws don't specifically limit such actions there no wrong doing can be proved.

In an email released to the media this week, APOA President Weber stated that the APOA is at a "cross roads" and never in the APOA's history have there been such regularly low turnouts. Monthly APOA meetings have only had enough members to show up for a quorum in one of the last ten months. That means nothing will get done because no motion can be heard or voted on for approval. Weber's response was to conduct yet ANOTHER survey of concerns the members have so that they can best be addressed. Matters addressing treasurer Matt Fisher have even been shelved because nobody feels they can do anything.

We at the Eye are flabbergasted! As our Eyes continue to flood us with emails, the issue is not that the APOA executive board needs to hear from the members, its that the members need to hear from the executive board! Over $150,000 remains simply unaccounted and members are told nothing can be done. The annual income of the APOA hovers around $300,000...that means almost half of each members contribution is unaccounted for! The mayor continues to breach and violate existing contract provisions and Chief Schultz has driven APD off a cliff thanks to his endless changing of procedures, grand standing on false incidents, lies, coverups, and seemingly criminal actions, yet the APOA leadership's response is to survey its members what to do. Really?!

Mr. Weber and to all the other executive members of the APOA, the time for talk and surveys has long gone. Your members need to see leadership and know that they are being represented. So far it seems not only are their financial interests been cast aside but their labor interests as well. It is time for demonstrable action, because staying in-line with the APOA's concern for its funds with a "talk is cheap" mantra is not helping. Despite the Albuquerque Journal's best effort to deflect criticism against Chief Schultz and his endless string of failures, the fact is APD is headed to a manpower and skills deficit crisis. The things that need to be done will surely invite scrutiny from the 5th Floor and the paper, but what needs to be done is restore respect amongst the members. The members need to know you care and words are not sufficient. They need to see ACTION!

Official Complainant Steps Forward against Improprieties in the APOA

Below is an open letter from (Ret.) Senior Sergeant Paul Heh. Chief Schultz had boasted there was no complainant in the alleged improprieties at the police union (APOA). Now the Chief has an official complainant. What will the City's Police Chief do now?


April 28, 2012



Raymond D. Schultz
Chief of Police
Albuquerque Police Department
400 Roma NW
Albuquerque, NM 87102

RE: Suspicion of embezzlement of APOA police union dues
monies paid.

Dear Chief Schultz,

Please accept this letter as formal notice of my complaint
regarding the suspected embezzlement of personally paid
dues and funds to the Albuquerque Police Officer’s
Association.

Recently a publicized email sent by lawyer Fred Mowrer to
the executive board of the Albuquerque Police Officer’s
Association (APOA) raised issues concerning accounting of
member paid dues monies. Specifically Mr. Mowrer stated
that “steps need to be taken immediately to address
financial matters I raised.” Mr. Mowrer made this
assertion in the context of the expenditure of over
$250,000 of union member paid monies for salaries to then
APOA President Joey Sigala, Vice-President Felipe Garcia,
and Mr. Ron Olivas.

I found this revelation shocking as I am unaware of any
occasion where executive leaders of the APOA collected
additional forms of compensation drawn from union member
paid dues in addition to what they are paid by the city.
From 1987 and on through to my retirement in September
2011, I was a full member of the APOA. In addition to my
bi-weekly dues payment of $17.00, there was an
undetermined period where members, like myself, paid an
additional bi-weekly payment of $10.00. Like myself, most
members did not provide any consent for our funds to be
used to pay any additional salaries for Mr. Sigala, Mr.
Garcia, or Mr. Olivas. Nor did we ever grant those
individuals permission to spend our money on personal
items, dining, or other unapproved expenses.

Mr. Mowrer’s assertion is not entirely surprising as
unexplained expenditures of APOA funds were also addressed
in the Spring of 2008. In April of 2008, APOA credit card
statements were publicized and it appeared a significant
amount of funds were being spent on dining and convenience
items. Over a four-month period almost $10,000.00 was
spent on dining alone. I raised objections to the
expenditures and found my questions persistently delayed
or unanswered. Executive board members have a fiduciary
duty to account for and protect the funds they are
entrusted with. Under the current circumstances it seems
a significant amount of funds were neither protected nor
accounted for.

As I was a dues paying member during the time much of the
questioned funds were spent and because I still maintain a
claim of benefit should the APOA succeed in its pending
litigation I undeniably have standing in this matter.
Under New Mexico state law, NMSA 30-16-8, embezzlement is
defined as the conversion to a person's own use anything
of value, with which the person has been entrusted, with
fraudulent intent to deprive the owner thereof. As an
experienced and veteran law enforcement officer, I am
troubled by these many revelations and want to ensure all
members of standing, like myself, have not been
victimized. I demand the commencement of a full
investigation into Mr. Sigala, Mr. Garcia, and Mr. Olivas’
unauthorized personal spending of APOA funds. Because the
APOA received public monies from the city in addition to
private contributions it seems that this is a matter best
addressed by the Office of the State Auditor of New
Mexico.

The Albuquerque Police Department and the Albuquerque
Police Officer’s Association are both facing unprecedented
challenges of confidence by the public. Confidence lost
is only restored by taking responsibility of our own
actions and in this matter it begins with an honest
examination of the hundreds of thousands of dollars paid,
and seemingly unaccounted for, to the APOA. While I make
no accusations towards anybody or any persons in
particular, an independent and objective investigation
into the APOA’s management of funds appears fully
warranted.

I would be happy to discuss this matter further and can be
reached at 505-xxx-xxxx.

Sincerely,

Paul Heh
Sergeant (ret.)