"SUBSTANDARD" Policing; Thanks Ray-Ray (1.7 Million Tax dollars lost)

During the Vietnam War, after missions where VietCong or NVA regular troops were killed, American soldiers occasionally left calling cards—death cards as they became known—to remind the enemy who they were fighting against. The Ace of Spades was this card and as such it is identified as the card of winter and thus known as the “death card.” To the Vietnamese, the icon of the spade held significant meaning and was itself a bad omen. Lately, this card represents a bad omen to the taxpayers of Albuquerque.

On July 6, 2009, the Eye broke a story about detectives of APD’s Criminal Nuisance Abatement Unit leaving the so-called death card at properties where they removed occupants and condemned the building as uninhabitable. Talk also focused on detectives taking pictures of themselves while boastfully standing over recently arrested or evicted persons while brandishing their rifles like Mexican narco-terrorists. The unit sought to inspire fear and intimidation as part of their, let’s be honest, largely administrative activities. Since then, the failures of this unit continued unabated and this past week CAO Rob Perry announced a settlement with the lawyer representing the plaintiffs in a class action lawsuit for almost $2 Million. Our Eyes tell us this lawsuit was filed in 2009 shortly after the revelations broke about the misconduct of the detectives in the CNAU. Mr. Perry and Mayor Berry were quick to state that this was a problem they inherited from the previous administration. We think that’s a weak statement given that the Berry administration endorsed the continued operations of the Safe City Strike Force since Berry’s election almost 2 ½ years ago. We also think it’s a ridiculous statement since these activities started and continued under the direction of APD Chief Ray Schultz—who apparently is still the chief of police.

Which leads us to questions we raised back in 2009: What were these detectives thinking? Either they indeed view their actions analogous with armed combat with an enemy in a war zone OR they are mocking the very activity they are engaged in. Either way, such conduct is an insult to every real officer who puts on a badge and gun and seriously takes their oath to serve and protect. Is it not enough to remove somebody from their dwelling that you have to “spike the football” by leaving a card that reinforces intimidation and fear. Our Eyes tell us not only did they leave cards as in the above pictures, but they posted them on walls with knives as well.

Chief Schultz will of course continue to publically assert his ignorance and that he knew nothing about it. But anybody who works with or knows Schultz concedes he is a consummate control-freak and to suggest he doesn’t know what’s going on in his department is not dealing with reality. How many previous chief’s had an MDT on their desktop? How many previous chiefs routinely use the Internal Affairs and Criminal Intelligence units to do specific tasks directed by the 5th floor? We are told the activities by these detectives, and worse, are among the reasons why the city settled this case. With the US Department of Justice evaluating whether or not there’s a pattern and practice of civil rights abuses by APD, the Mayor is doing everything he can to avoid such an investigation. As such it seems the Mayor (or CAO Rob Perry since we are told he’s the one that actually runs the city) will put his political interests before the interests of the taxpayers. This shouldn’t surprise us.

In Covey’s “Speed of Trust,” heavy emphasis is placed on Practicing Accountability. Great leaders build trust by first holding themselves accountable for bad results. They don’t blame others. This noble principle is something that, sadly, is without precedent in the leadership of APD or the City of Albuquerque. Chief Schultz and Mayor Berry are more interested in spiking the football to thwart any objective and independent review of the APD. They have spiked this football by unjustly terminating officers (all of whom seem to be winning their jobs back as of late), ignoring critical calls, disregarding misconduct by deputy chiefs, and dangerous events in particular and creating a general climate of distrust, fear, and intimidation in general. Do we see or hear any statements accepting personal accountability by Chief Schultz?

P.S. Our Eyes also tell us Mayor Berry is out of town in New York trying to bolster the city’s bond ratings which have continued to fall from AAA and Wall Street has given the city a “Negative Outlook.” How’s that for spiking the football?

P.P.S. We are also still trying to figure out why the APOA would attack the four city counselors who have been staunch advocates of the officers and their battles against the administration and why the APOA leadership would DEFEND APD’s leadership when they have failed the officers time and time again……


We are surprised Schultz didn't order the detectives to leave his calling card of a swastika; same difference right...

A Zebra Cannot Change its Strips or Can They?

A person is generally the sum of their habits, passions, and values. Different circumstances may enhance or suppress certain traits, but those distinct characteristics that make a person unique are always there. For example, a general attribute of police officers is their willingness to engage conflict. Persons who fear conflict generally do not thrive in the environment officers work in on a daily basis. The attributes that make a person a successful officer do not simply disappear when they take off their uniform. They remain assertive and direct, and willing to confront challenges. Most people remain aligned with their attributes regardless of the circumstances because it is the healthy and natural thing to do. Recent studies indicate there are serious health consequences when one is being unfaithful to their attributes and out of alignment with them. Such consequences include high blood pressure, weight gain, and diminished immune system.

Why is the Eye concerned about this? For some time we’ve been watching and trying to figure out what is going on with the City of Albuquerque’s Chief Administrative Officer, Rob Perry. APOA Attorney Fred Mowrer recently described Mr. Perry as “…the one actually running the city.” Mr. Perry is lawyer and graduate of Whittier College School of Law (a school perpetually on the American Bar Association’s probationary list for accreditation), and after a brief time with a prosecutor’s office in Florida, Mr. Perry came to New Mexico and bounced around between significant politically appointed jobs and private law practice. In New Mexico, Mr. Perry worked as an assistant to democratic Senator Tom Udall when Sen. Udall was the state attorney general. Shortly thereafter, Mr. Perry’s political contributions came through and in the late 1990’s he became the state’s Secretary of Corrections under then governor Gary Johnson. Mr. Perry appears to have done a respectable job streamlining the state’s prisons and was aggressive in combating corruption and abuses especially in the privately run prisons. Frustrated with actions by the private for-profit companies like Wackenhut, Mr. Perry remarked, “I'm at the point where I don't want to hear explanations or excuses. I want to hear about corrective actions.” (Lubbock-Avalanche Journal 8/25/99)

When AG Udall won his bid for the US Senate seat, Mr. Perry was quick to campaign for the state’s Attorney General as the Republican candidate. Mr. Perry lost that bid to Patricia Madrid. Mr. Perry then went back to private practice focusing on employment and criminal defense cases. This is where Mr. Perry catches the Eye’s concern. As a private attorney BEFORE he was hired by Mayor Berry, Mr. Perry defended criminals, employers in EEOC suits, and police officers. Mr. Perry was most notably known for his defense of Capt. Marie Miranda when APD tried to blame the evidence room scandal on her and other officers in 2005. In dealing with the over 200 cases the scandal compromised Mr. Perry stated,

"The prevailing thought in the chief's office was what people don't know won't hurt them…when you lose evidence in 235 drug cases, you don't tell anybody that is really a problem. They are trying to make excuses to sell to the mayor.” (ABQ Journal 3/18/05)

"I think it is unfortunate this has to be done in a cloud of secrecy. That is what got them in trouble in the first place," Perry said. "The public, as well as Capt. Miranda, has the right to know who did what and what action was taken against the wrongdoers." (ABQ Journal 8/16/05)

As a private individual Mr. Perry continued playing politics behind the scene with his devoted support of Darren White in Mr. White’s failed bid for congress. Mr. Perry was a large financial supporter of Mr. White and contributed $2300 him on 12/17/07 and another $2300 on 7/17/08.

What concerns us at the Eye is that while Mr. Perry has waged a seemingly honorable battle against government inefficiency and abuse he appears to have put this commitment on the shelf as Mayor Berry’s city attorney and CAO. He has consented to abusive employment practices where if he were in private practice he would be representing the officers in their actions against the city. He remains a supporter of APD’s Chief Schultz whom he opposed in heated litigation over a scandal that should’ve subjected APD to the terms of a federal consent decree and continues with the very same “cloud of secrecy” practices Mr. Perry criticized the department of in 2005. When a city hearing officer asserted that the city failed to justify the termination of an officer in a controversial case, Mr. Perry did not order an inquiry into APD’s ineptitude but moved to have respected hearing officer T. Zane Reeves recused from future cases and questioned Mr. Reeves’ credibility. Instead of dealing with APD the same way he dealt with the state’s prison system, Mr. Perry appears to let Chief Schultz continue with his abysmal record of management. Is this the same Rob Perry that streamlined the state’s prisons and increased their efficiency? While APD’s budget continues to grow despite decreasing manpower, we wonder where the efficiency hawk Mr. Perry identifies himself as remains. Where's the advocate for doing what's right when there have been actions by "wrongdoers"?

From recent outbursts with the media, city council, and most notably in defense of Darren White during the WhiteGate scandal last summer, to his general unfit appearance, we wonder if Mr. Perry’s lack of alignment is starting to catch up to him. After all it must be very unsettling to see Chief Schultz, a former defendant, continue to call the shots….

Mayor Berry to Rename City: Welcome to the "City of Albucrooky"

So you think the Albuquerque Police Department has problems? Well, you’re right, but let’s talk about a City department that fly’s under the RADAR; City Security. You may recall the head of City Security was hired by former Democrat Mayor Martin Chavez and is still there under the current Republican Mayor Richard Berry. Yes, Mark Shepard is still the head of City Security. You may also recall Shepard was a retired A.P.D. Police Sergeant which qualified him for the job. Only problem is, Mr. Shepard never was a Police Sergeant and the truth doesn't matter when it comes to politics or Berry.

To be promoted within City Security all you have to do is be in “tight” with upper management, A.K.A. Mark Shepard. There is no testing process or procedure and our Eyes tell us a City Security Sergeant was hired whose only qualifications were working in a fast food restaurant; IS THIS TRUE? Really? Problems are ongoing with City Security because of the lack of supervision, training, and integrity especially by its supervisors. There has been a sincere lack of training for the past seven years, vacation has been denied or cancelled at the last minute after it has been approved, and officers are even denied time to attend City sponsored educational events after approval had been granted. Equipment is lacking and what is there does not work. Officers are forced to work alone without back up because the Department is so short handed. The caveat to this debacle is, Berry hires outside security rather than hire and train qualified personnel.

There are two problems with this; first, an outside employee with no experience or knowledge how to perform the job. No offense to those folks but they are simply clueless. Second, the security company used is rumored to be a relative of Mayor Berry's wife.

There are eight sergeants and four lieutenants for approximately eighty officers. Many Sergeants don't even drive to a security post to check on their officer(s), they call by over the telephone. We have to wonder what the supervisors do all day if they are not out actively supervising. New hires to the Department are brought in at a higher rate of pay than officers who have been there over eight years. We at the Eye wonder is the City of Albuquerque is completely broken? As long Berry and his crew of incompetent jesters lead the City in to one disaster after another, we will continue to see poor City services and vicarious liability increase.

One our Eyes wrote in and stated, “The City of Albuquerque under the Berry Administration should be changed to the ‘City of Albucrooky!’” The primary reason for this statement is due to Berry, Schultz and company. Oh, and we cannot forget the latest Berry “Albucrookian,” former APD Officer Mark Shepard.

Reflecting on Our Purpose in Life

HAPPY EASTER!

May God's Blessing be given; a special intent upon those who have lost thier way in life and purpose.

A special thanks to GOD for all he gave and continues to give...

Apathy

A few weeks ago, APD held its quarterly management meeting bringing together most of the department’s sergeants, lieutenants, and commanders. A speaker presented to the department’s leaders an overview of Stephen Covey’s Speed of Trust. Rather than dwell on the obvious benefits of trust and describe what an institution looks like when it scores high in the “trust” scale, we think it’s more relevant to address reality however sad it may be. Let’s face it, APD and the APOA do not score high at all on the trust scale, but there is something they excel at: distrust. But don’t take our analysis, or that of our dozens of Eyes, for it. Consider the symptoms of an organization swimming in a soup of distrust:

-Missed opportunities

-Defensive actions

-Suspicion

-Swindles

-Complexity and delay

-Manipulation

-CYA

-Disrespect

-Theft

-Deniability

-Obstruction

Has the leadership of APOA or the APD exhibited any of these symptoms? It seems both organizations display many of these defects on a daily basis. Last night the APOA had an “emergency” general membership meeting. Our Eyes tell us almost 100 officers (10% or so of the total membership) showed up to the meeting. Yet despite this turnout, the APOA board missed an opportunity to move forward and show real leadership in confronting the suspicion that over $250,000 in union dues is unaccounted for and swindled away over the last two years. We are told the board tabled desired motions made by members in a defensive effort to delay hard decisions. Did the board respect the desire of members to have an open discussion about their concerns or did they deny meaningful dialogue? Our Eyes tell us that at every opportunity the board obstructed proactive efforts to put to rest the many allegations concerning ex-President Sigala’s spending of union funds and current Treasurer Matt Fisher’s effectiveness in accounting for those expenditures. Did the board hide behind complex procedural devices or did they cherry pick the application as it suited them? The APOA has an interim president who is also a full-time sergeant. Is interim-President Greg Weber truly able to represent the interests of the members while also the supervisor of the incredibly important Crimes Against Children Unit within APD? Our Eyes tell us there are deep concerns about existing conflicts in interest Weber has by the simple fact that he is a department supervisor.

The citizens of Albuquerque rely on the officers to maintain order and enforce laws regardless of circumstances. True justice is indeed blind and there’s an expectation that officers will do what is needed to be done regardless of who’s involved or the particular circumstances. While we know this doesn’t always happen, we want to have faith that the true leaders of APD and the APOA are the rank and file officers and detective who take respond to calls and investigate crimes.

But after the events of the last few weeks, another symptom of distrust seems to be growing: Apathy. If the sworn officers and detectives that make up more than 80% of the APD and APOA are unconcerned about abuse of their own funds and continued deterioration of their own department, what can the citizens really expect out of services from them? If the officers are indifferent to these monumental challenges facing their own organizations, then how will they care about the challenges facing victims of crime? Officers tell us that there is plenty of documentation showing ex-president Sigala and others abused union funds on a regular basis and in the worst of ways. Our legal Eyes also tell us, it does not take the board of a labor union to invite the commencement of a criminal investigation, rather it takes the brave actions of one union member to make a call. We wonder how deep the apathy affecting members of the APOA runs?

Spirited engagement and inspiration will destroys apathy because it satisfies the needs so many are craving: hope. There is no better time for a leader to step up and challenge the status quo than in moments such as these. A blogger recently posted that it is time for somebody to stand in the gap. We couldn’t agree more.

Simple and Direct; Put all the Trash Out

The right thing to do never requires any subterfuge, it is always simple and direct.”
--Calvin Coolidge


This Thursday, April 5th, the APOA is holding a special general membership meeting to address urgent challenges facing the organization. In the last week, the APOA’s president and vice-president, Joey Sigala and Felipe Garcia, resigned their positions amidst a cloud of speculation of financial impropriety concerning union funds. Then as soon as Sergeants Greg Weber and Tom Henderson were installed as interim APOA president and vice-president, they threw the entire organization at the mercy of Chief Schultz and Mayor Berry by holding a press conference without board member approval, in the mayor’s press studio and confirmed a false allegation of “bounty” money.

We’d like to remind the faithful rank and file members of the APOA where these events stand in the context of a greater scheme of things.

In case you’ve forgotten, there is pending appellate level litigation concerning the collective contract against the city. This litigation is based upon an action against the city and the mayor for their breech of the contract and their bad faith negotiations to create a new contract. The department is unlawfully terminating officers faster and more frequently than ever in order to stay a federal investigation and consent decree. You have a deputy chief who was caught lying under oath and another deputy chief who breeched his own stated IA guidelines by protecting the lying deputy chief. You have department wide mission creep targeting “property crime” while turning a blind eye to the crime causing property crime. You have a city whose economy remains flat. You have a patrol officer bid list that is as low as it was almost ten years ago. You have senior officers leaving as soon as they are eligible to retire. And now you have APOA leaders that appear to have, at least mismanaged your money AND caved in to management.

While from almost every perspective it seems that APD and the members of the APOA are doomed for more failure and tragedy. Chief Schultz obviously cannot run the department. Mayor Berry obviously wants to get more out of you for less money but is otherwise indifferent to the calling one has to become a police officer. Schultz’s command staff and most lieutenants and sergeants are too cowed to speak against the herd or are simply part of it.

But for the rank and file, there is no better opportunity to come together as one. Bring sunlight on all of the issues and open up all the secrets. The only loyalty you have is too each other, the “leaders” of this city and department are terrified of the truth. Offer no quarter to the leaders of APD because they have failed you and will continue to fail you if you do not create change. If there has ever been an opportunity for you to take back your department and your union it is now. The dark side to all this is if you fail to seize this moment, the worst has yet to come. If you want to see change in APD, you are going to have to be the change you desire.

"Simple and direct," the time has come to Berry Schultz and all the trash he has been allowed to accumulate.

The Cost of Inept Leadership

What makes a person want to follow a leader? People want to be guided by those they respect and who have a clear sense of direction. To gain respect they must be ethical, decisive and steadfast in their decisions and free from emotional biases of political agendas.

When a subordinate is deciding if he or she respects you as a leader, they do not think about your attributes, rather, they observe your actions to decide whom you really are and what you’re about. They use these observations to assess if you are honorable, trustworthy, and a decisive leader or if you are a self-serving person who misuses or abuses authority to give a false façade in an attempt to gain promotion. Self-serving leaders are not as effective because their employees only obey them, not follow them. They succeed in many areas because they present this false façade to their superiors at the expense of their subordinates which hang in the balance.

Now this article is not meant to contrast and compare leadership principles and traits, but to bring attention to the actions of the current administration as it relates to the poor leadership examples, directions and the resulting dangerous consequences.

The Eye would like to take you back to the recent St. Patrick’s Day celebration in the Valley Area Command. That area command has the difficult task of protecting citizens, bar patrons, businesses and home owners from the celebrations that can be fun, raucous, and sometimes dangerous in the bar packed areas in and around Central Avenue.

Lieutenant Dodi Camacho was the acting area commander for the Valley Area Command. At her disposal was (2) valley grave squads, (1) relief squad, SWAT, and K-9 unit. Combined with (2) Lt.’s and (2) Sgt.’s along with a secured radio frequency. Those units were confined/ordered to the area around Central Avenue leaving only (4) officers in the entire area command to take calls for service while operating on the Valley Area Command dispatch channel. The Valley Area Command stretches North of Paseo Del Norte all the way to the South Valley; South of Gibson and bordered by I-25 to the East and the river to the West. Given the size of the Valley Command this is a difficult task for two squads to handle calls for service let alone just four officers.

At approximately 1:35 A.M. officers were advised by radio to use caution in the area of 1521 Broadway Blvd SE. 911 had received a call reporting a black male was seen walking with a rifle in front of the Elks Lounge (case #12-0024672). This type of call would normally gather the attention of any officers rather they are busy or not. But, as fate would have it, only two officers were available to be dispatched. Additional information was relayed; the male was seen near a black SUV with no license plate. The officers located a black Ford Explorer with a temporary license tag on the rear window parked along the street at the dispatched location. As the officers carefully approached the vehicle with weapons drawn they were met with the frightening staccato cracks of a .223 caliber rifle being rapidly fired in their direction ten to twelve times. The shots were being fired from what appeared to be a concealed position located from the Southeast side of the intersection of Broadway Blvd and Dan Ave. As officers dove for cover and relayed critical information to the dispatcher another ten to fifteen shots were fired at the officers. While the officers frantically asked dispatch for assistance they continued to give vital information over the air so responding officers would not accidently drive through or deploy in the potential “Kill Zone.” But, no back-up officers came, at least not for another 30 minutes!

Meanwhile downtown; Acting Commander Dodi Comacho was over encumbered with extreme political pressure from Mayor Berry. This pressure was driven home by the Mayor’s number “One” political puppet, Chief Ray Schultz. The pressure/message was that Downtown Central Ave better go smooth because your job (Comacho’s) depends on it. Comacho was-cracking like a brittle twig. Comancho enbarked on a distructive path of bad decision making. Comacho is advised by several officers including members of the APD’s elite Tactical Unit (whom by standard practice monitor different frequencies) shots were fired and officers were calling for assistance. Acting Commander Comacho advised the Tactical Units that were leaving, to assist officers being shot at; she issued them an “order” not to leave! Comacho stated Downtown was the priority!

Officers were not called from another Area Command; officers were ordered not leave; the lines of communication broke down as did the leadership and decision making ability of Acting Commander Dodi Comacho.

Disregarding Acting Commander Comacho’s order, Tactical Units responded and arrived at the scene 30 minutes after the initial call of shots fired. This left officers pinned down the entire time and according to the police report, officer could see muzzle flashes and could smelled what they termed as the heavy smell of live ammunition from where they were taking cover. Officers were unable to locate the offender who had used rifle fire to cover his escape. Officers did discovered two vehicles hit by gunfire in the parking lot of 1601 Broadway Blvd SE, the windows and the wall of the El Michoacano restaurant was also struck. A total of forty-eight .223 caliber shell casings were also located spread out over a large area, twenty-five to thirty-five casings were located in the middle of Dan St. Fifteen casings were located grouped directly in the path where the officers were seeking cover. All the casings were recovered and tagged into evidence.

The CADS (Computer Aided Dispatch System) timelines this horrifying event:

0133 hrs- call received and created

0135 hrs- voiced and dispatched

0140 hrs- Shots fired

0210 hrs- Tactical Units on scene

Thankfully, no citizens were injured while sitting or sleeping peacefully in their homes by an errant round. We are sure the officers that were pinned down by live gun-fire will be forever grateful to the Tactical Units who know their SOP and knew the orders given by the Acting Commander Comacho were illegal and they were not bound to obey such an illegal order. This time God’s good graces or whatever your beliefs are- were with the officers and they went home safely to their families. But it most certainly wasn’t because of the strong leadership of the Valley Area Command that night. If this is true; Acting Area Commander Comacho committed malfeasances of duty. We believe these actions are more indicative of the type of leadership fostered and coddled by the Shultz Administration. Can we say Fascism? Apologies; we already mentioned Shultz.

There are many different theories on leadership and what makes a good leader. One of the most common principles for a subordinate when assessing a leader, especially in jobs where lives are at stake, where life and death decisions are made in milli-seconds; those subordinates want to go home safely to their families’ each and every night. They want to know that their supervisors have their health and welfare in the forefront of their minds when faced with decisions day in and day out. They also want to know that if evil rears its ugly head their leaders will use every resource available to ensure the safety of the public and the safety of those they are sworn to protect.

This warrants a formal investigation which should lead to severe discipline against those in charge. Don’t worry Schultz, we already know you’re not going to do anything. Why? Your claim to fame; “I know nothing!” You keep proving it.

When there is another police shooting, the stains of blood are on your hands for being an inept failed leader. Of course Hitler never cared whose blood was on his hands either…