Problems with the Bar

We've been telling you for some time that all of these ethics complaints against Councilor Harris might end up causing him problems with the State Bar. Well, it looks like there has been an unrelated complaint filed with the State Bar Association accusing Attorney Harris of conflict of interest and taking a client's retainer and subsequently failing to provide the agreed upon legal services.

By now we've all heard of Mr. Harris' use of his attorney's trust fund as a campaign slush fund, but taking a retainer and not providing services seems to us like fraud. We would expect the Bar Association to conduct an investigation but disclosure of the allegations won't do anything to help the councilor in his bid to hold off the recall; a fact that Mr. Harris apparently realized when he allegedly asked the complainant Angelo Winfield not to file the complaint until after Tuesday's election.

Eye Poll: Katherine Martinez Soundly Defeats O'Malley

In another surprising turn of events, Katherine Martinez (M) who is running against City Council President Debbie O'Malley (D) soundly defeated Ms. O'Malley in this past week's Eye Poll. Ms. Martinez received 69% to Ms. O'Malley's 31% in an unscientific poll that can only be described as bucking the conventional wisdom (view the results here).

We honestly don't know how this will play out Tuesday. Our hunch is that the incumbent O'Malley will hold the seat easily, particularly if this election turns out to be a referendum on the Almighty Marty. However, if the election comes down to Councilor O'Malley's propensity to spend our tax dollars and her less than warm and fuzzy personality the Eye Poll may end up being a harbinger of things to come.

This week we wade into the tempestuous waters of the Flag Flap. We understand that Peter Ryan Lynch is receiving large amounts of support from Eye readers along with free legal services from attorney John D'Amato.

Curiously, the Saturday UNM Homecoming football game featured more United States flags than we have ever seen in University Stadium. We couldn't help but wonder if the administration was trying to project a sense of patriotism to donors and alumni after taking a beating in the press over the Mexican Flag Flap.

Frankly we were glad to see Old Glory featured so prominently and the crowd spontaneously singing our national anthem sent chills up our spine. We hate the fact that it takes a series of screw-ups, unfounded charges, and constant media attention to remind most of us that the American flag represents more than just a government, but freedom, liberty, and the sacrifices of patriots that made them possible.

Let us know what you think should happen to Mr. Lynch in this week's Eye Poll. Don't forget to vote!

City Slum Lords

We've all heard of affordable housing and by and large we all want affordable housing. October 2nd voters here in Albuquerque will get the chance to vote for a General Obligation Bond whose stated purpose is to provide affordable housing to those who can't afford their own home.

"Shall the City of Albuquerque issue $10,100,000 of its general obligation bonds in support of the Workforce Housing Act to provide resources towards the construction and rehabilitation of high quality, permanently affordable housing for low to moderate working families, including affordable senior rental?"

Wow! Sounds great doesn't it? We're going to use our tax dollars to help working families afford their own homes; and more importantly these patches of paradise will be "permanently" affordable. The Albuquerque Journal Editorial Board (not surprisingly) came out in favor of this G.O. Bond just yesterday.

"This bond represents the first of three installments over the next six years into a Workforce Housing Trust fund. Every dollar from the city's trust would leverage $4 in private money, focusing those resources on Metropolitan Redevelopment Areas and properties along transit corridors.

Some programs are more beneficial for the first buyer, who later sells the property at market prices. This program maintains affordability by limiting the amount of equity that accrues to owners and keeping the sales price below the market level for subsequent buyers."

- Albuquerque Journal (Subscription)

The tricky part is the last part, that says "this program maintains affordability by limiting the amount of equity that accrues to owners and keeping the sales price below the market level for subsequent buyers." The ordinance creating this affordable housing "opportunity" is O-06-8 and was passed just a little over a year ago. The Ordinance explains it this way:

"In a neighborhood with increasing housing prices the goal is to preserve a mixed income environment and avoid the dislocation of low income residents by creating a reserve of permanent workforce housing protected from price increases and danger of converting to market rate housing, allowing renters to own their housing, and otherwise financially insulating low income residents from financial burdens of gentrification while accruing its benefits."

What that means is that the city will use our tax dollars to help "low to moderate" income families buy homes that are "protected" from the market, making them "permanently" affordable. In other words, these "owners" will be paying a mortgage on a property that they don't truly own because they won't be getting the equity that is naturally created through time and the free market increase in property value. In short, their financial position will be only slightly better than renters because most of the equity they receive would be the equity that they put directly into the property through their payments.

The result of this type of affordable housing program is predictable; run down properties that have little or no value due to the cap on equity imposed by the affordable housing ordinance. Why would an "owner" invest any of their own money in a property where their investment can't grow? It would be better to rent a house or apartment where the property owner at least has some financial motivation and legal obligation to keep the property in good repair.

Another requirement of this legislation is that "affordable" housing must be included in new developments. Look, impact fees have already added $10,000 to houses being built on the West Side; $10,000 that contrary to assertions by socialist politicians is not paid by the developer but added to the price of the home.

Only government logic can justify raising the price of homes by $10,000 and then complain about the price of homes and the need for affordable housing. Like impact fees, the cost of the "affordable" units will be paid for by the other home owners in the development raising the cost of homes and pushing homeowners out of Albuquerque; and yes, that means more sprawl.

In 20 years, you'll be able to spot the "affordable" eye sores in every development where this short sighted socialist scheme is in effect and the neighborhood slum lord will be the City of Albuquerque. What do you bet that the Almighty Mayor's Safe City Strike Force won't answer your calls when you're complaining about one of their properties?

No matter how you slice it, these ordinances create a series of hidden taxes and fees that are borne by the rest of us. The system is deceitful and dishonest and right now the only way to put an end to it is to make sure the program is not funded.

Top of the List - Again

It seems that New Mexico is becoming known for topping lists. Of course they're generally the type of lists that no one wants to be on in the first place; the only exception being the much ballyhooed best place to do business list from Forbes Magazine. According to today's Albuquerque Journal (Subscription), the Metro Area is one of the most dangerous in the country.

"According to the data, the metro area per capita ranks in the top 10 percent for violent crimes, which include murder, rape and robbery. And the metro area ranks in the top 13 percent for property crime, such as auto theft and burglaries."

- Albuquerque Journal (Subscription)

These latest stats didn't surprise us because we've been telling you for some time that APD is facing a manpower crisis; one that despite all of the money spent on recruiting, isn't going away. Just last week APD recruiters were up in Appleton, Wisconsin testing for new recruits.

"The Albuquerque Police Department is casting its net far and wide, looking to keep the rapidly expanding Southwestern city adequately staffed with law enforcement.

Now it's coming to northeastern Wisconsin.

Deputy Chief Michael Castro said the department has 1,033 officers and is looking to hire another 67 by the end of the year."

- thenorthwestern.com

Folks, that is what you call spin. It's true Albuquerque is a rapidly growing city with our population now said to be over 800,000, but growth isn't the only reason our police department is lagging behind. APD seems incapable of closing the gap between the number of sworn officers we have and the number we should have.

Back in May, the Journal ran an article that claimed the department had grown nearly 12% since 2002 and that the number of officers over at APD was 998 (Subscription). Our Eyes took issue with the 998 number and informed us that the number was really closer to 800 (read it here). Now Deputy Chief Michael Castro tells thenorthwestern.com that APD has "1,033 officers and is looking to hire another 67 by the end of the year."

Again our Eyes are taking issue with the numbers being given to the press claiming that the number of sworn officers over at APD is somewhere between 814 and 828. In addition, the Eyes have it that day shift officers are being ordered not to go to court because manpower levels are so low that they need them on the street rather than in court. Just guess what happens when an officer doesn't make it to court.

APD has repeatedly refused to provide a list of sworn and non-sworn personnel and their departmental assignments; even to city councilors. As a result, it's almost impossible to verify their force strength numbers. When you consider the fact that the Almighty Marty, Chief Schultz, and the rest of the 5th floor have developed a reputation for cookin' the books, it's hard to believe any statistics without supporting documentation.

The fact of the matter is APD doesn't have enough sworn officers on the force and on the streets. You don't need to look any deeper that today's Journal article to find proof of that fact. Out of 349 metropolitan areas - 43rd in murder, 51st in rape, 74th in robbery, 32nd in aggravated assaults, 58th in burglaries, 95th in larcenies, and where we really excel - 17th in auto theft.

Chief Schultz's reaction, "I feel safe." Let's see here... he carries a gun, a badge, and a radio; and oh yeah, he's the CHIEF OF POLICE! Even more annoying, infuriating and just plain funny is that he blames Albuquerque's poor ranking on us!

"Schultz said the FBI statistics are misleading because Albuquerque residents tend to report crime more often than residents from other cities.

"This is not a dangerous place," Schultz said. "This is a place in which people take crime very seriously and will report it when it occurs.'"

- The Albuquerque Journal (Subscription)

What?! We're talking about violent crime here. Chief Schultz can't seriously expect us to believe that violent crimes go unreported in other cities and that somehow our poor showing is the result of over-reporting violent crime. We're not sure what's more frightening, the crime statistics or a Chief that would actually expect us to believe that the FBI numbers are somehow inflated because of us.

Remember folks, it's all up to you. The next time your stabbed, raped, assaulted, burgled, or come across a dead body... whatever you do don't, call the police to report it or Albuquerque will continue to be a dangerous place to live.

Nothing New - Nothing Much

Yesterday's candidate forum held during the monthly NAIOP luncheon featured all but one of the candidates (Sticky Fingers Garduño), the beleaguered Don Harris, and all the buzz words you could stomach. In fact, we now believe that the word "stakeholders" should be removed from political discourse. Blogger Mario Burgos has a pretty good description of a forum that at times seemed interminable (read it here).

Only one candidate distinguished herself in the hour long forum, the soon to be councilor from district 8 Trudy Jones; who was certainly playing on her home field and doesn't face an opponent in the seat being vacated by Craig Loy. Ms. Jones cut through the rhetoric and pointed out that many problems like affordable housing are actually caused through "hidden taxes" and attempts at "social engineering" (ABQ Journal - Subscription).

Surprisingly, Councilor Harris from district 9 was given a seat at the forum and addressed all of the questions that the other candidates were asked to answer. In his closing remarks, he spent a great deal of time bashing the Almighty Mayor and complaining that should he be recalled, the mayor would appoint his replacement. A strategy that left us scratching our head, as this group hasn't had the warmest of relations with Councilor Harris but has generally worked well with the Almighty One.

The Honey Bee (de'Pascal) made a smart strategic move during her closing statement addressing her divorce and her BS BS and MBA. Her argument is that she has been the victim of terrible attacks and that she can take the heat. The problem is she didn't do a thing to address the civil charge of embezzling $60,000 and her more recent attempt to pass off fraudulent degrees from the diploma mill Almeda University on an unwary electorate. If you haven't figured it out by now Ms. de'Pascal has problems with the truth, more specifically being truthful. Her performance at this particular event was credible, but it was just that - a performance.

Not surprisingly, most of the candidates made sacrifices on the altars of density, public transportation, affordable housing, impact fees, and "green" development. The sitting councilors generally defended the current council claiming that they were getting things done, while the challengers deplored the council's acrimony toward the Almighty Mayor and each other.

In the end, there was nothing new here (with the exception of soon-to-be Councilor Jones). The candidates generally parroted different formulations of the same answers, particularly the candidates from district 6. We wonder if this is an unintended consequence of public financing - vanilla candidates with vanilla ideas. They never had to face challenges to their ideas from potential donors so their answers to questions tended to sound uninformed or cliché. If this is what we have to look forward to in future elections, we've got nothing much to look forward to.

Letters to The Eye: Peter Ryan Lynch Responds

We received this as a comment to our Fault and Desecration post. Although we can't verify that it is from Mr. Lynch, its content leads us to believe that it is indeed written by Mr. Lynch. His comment was well written and provides a detailed explanation of his actions with regard to the Mexican national flag. As with most stories, there's more to this one than meets the eye.

Peter Ryan Lynch Responds

My fellow Americans,

My name is Peter Ryan Lynch; I am a student at UNM. I am a decorated 8-year veteran of the US military, honorably discharge this July. I am appalled a foreign banner flew unaccompanied on UNM campus flagpole for three days, including a US holiday. I am an American passionate about our country and I would feel the same way if it were ANY foreign banner.

The Mexican flag was flying over UNM campus unaccompanied by an American flag on U.S. Constitution Day 17 September 2007.

According to United States Code (Federal Law):
"The flag should be displayed on all days especially on… Constitution Day, September 17…."

"The flag should be displayed daily on or near the main administration building of every public institution."

"The flag should be displayed during school days in or near every schoolhouse."

Throughout history, flying a nation’s banner is a claim of ownership. To do this on U.S. Constitution Day is an insult to all Americans. I am outraged that UNM administration allowed this happen. I thought before my class was over they would address the issue. I left class, and the foreign banner was still unaccompanied. I went to the dean’s office, pleading for action. I also notified Army ROTC, who has the honor of raising and lowering the US flag on UNM campus this month. I waited one and one half-hours after these notifications to take action myself. I made a profound statement and tore down this foreign banner. My actions although overzealous, are warranted.

Americans have one of the most diverse cultures on the planet, we embrace our differences, and unless you are a foreign visitor or illegal immigrant then your nationality is American! We are all equals under the Constitution and Stars and Stripes that protect us. Americans should fly their historical nations’ banners with pride. UNM is a public institution, governed by the laws of our nation, and on 17 September 2007, Federal law was broken; American’s are insulted. I am livid, with all the press coverage, only Julian "Top" Martinez said anything in my defense. Furthermore, the press has a responsibility to gather all the facts before printing.

I would like to assure El Centro de la Raza that hate or racism did not motivate my actions. I ask UNM administration specifically, David Schmidly (University President), Rita Martinez-Purson (Interim Vice President for Academic Diversity), and Cheo Torres (Vice President for Academic Affairs), to apologize to all the American Students, including Mexican-American students, for allowing a foreign banner to fly over UNM for three days in violation of Federal laws.

Sincerely,
Peter Ryan Lynch

Eye Poll: Surprising Results

This week's Eye Poll double header featured the four way race in district 6 and the district 4 re-poll. In district 4 the results (which we believed were suspect the first time) showed a narrowing of the gap between incumbent Councilor Winter and challenger de'Pascal. However with 111 fewer participants due to more stringent voting rules, de'Pascal still ended up with an 8 point advantage with 54% to Winter's 46% (view the results here).

We always stress that this is an unscientific poll and we believe the increased voting security is at least partially responsible for the change in the poll results. One way or the other the Eye Poll shows a determination by the de'Pascal camp to get out their voters at least for the Eye Poll. It remains to be seen whether or not they will be able to muster enough votes on election day and during early voting which is now in progress.

Our featured Eye Poll took a look at the vacant seat of Councilor Martin Heinrich, district 6. This is a four way race between Rey Garduno (D), Joan Griffin (M), Blair Kauffman (D), and Kevin Wilson (R). Martycrat Joan Griffin took this one with 41% of the vote, Kevin Wilson was surprisingly strong with pulling 37%, Rey Garduno thought to be the odds on favorite only got 19% of the vote, and Blair Kauffman rounded out the group with 3% (view the results here).

Our unscientific poll showed surprising strength from Republican Kevin Wilson. He seems to have run a fairly high profile campaign, at least from the outside. It will be interesting to see whether the 2 Democrats and the Martycrat (registered as a D) end up splitting the vote enough to allow Mr. Wilson to slide into the seat.

This week we take a look at the last two candidates who are running for the district 2 council seat. Incumbent Council President is the odds on favorite, but it will be interesting to see what effect the Almighty Mayor's endorsement will have on the Martinez campaign; especially in light of the mayor's recent media problems. Don't forget to vote!