Chavez & Berry

The seemingly passive response in officialdom to this week's news that ABQ is experiencing an exploding crime rate far surpassing any neighboring cities had us wondering what would be happening if Marty Chavez were still Mayor. We blogged that he would probably be hanged in effigy in Old Town in contrast to the current GOP Mayor Richard Berry who surfs along with little public or media scrutiny. From D.C. where he now lives and works, Chavez, a former three term mayor, comes with this :

If I'd handled crime and APD like the current Administration, I would deserve to be hanged in effigy. I'm astonished by the absence of outrage at City Hall. There's nothing easy about fighting crime but fundamentally ABQ needs a fully staffed, well-led and disciplined police department. Officers who break the law need to be held accountable but the rest of the police force needs to know that the Mayor has their back, not just by praising the great work that they perform every day but by fighting for and securing good pay, training and departmental funding. 

 Police make a difference and we shouldn't be surprised when the department shrinks and crime goes up. The current Chief is a nice guy but he's feckless and morale is horrible. Those are firing offenses. I don't envy the challenges confronting the next Mayor, but any candidate who doesn't talk openly and seriously about what has to be done shouldn't be considered seriously by the voters.

Chavez had his share of crime woes when he was mayor, especially in his first term in the 90's when gangs and Cuban refugees caused a record number of murders. In a later term, he wrestled with thefts from the APD evidence room. But he did hold a police chief accountable by firing him and putting in reforms.

The crime wave reports keep rolling in. This one from UNM says campus car thefts rocketed in '15 as they did elsewhere in the city.

Will we get a direct response from the mayoral candidates when they are asked: "Will you retain the current APD Chief and upper command, if elected Mayor?" Or will the current chief and command bail out before the balloting begins? Stay tuned. . .

A BIG BREAK?

Is this the break the state House Democrats need to retake their majority which they lost to the R's in '14?

A southern New Mexico legislative candidate who runs a Boys & Girls Club is being sued for negligence after a former employee was sentenced to prison for sexually abusing two boys. The parents of one boy are suing Republican candidate for District 38 Rebecca Dow, claiming she ignored “obvious red flags” that could have prevented Alejandro Hernandez from hurting two 13-year-old boys during his employment at the Boys & Girls Club of Sierra County in Truth or Consequences. Dow told the Journal: “In our facilities we go to great lengths to ensure the safety of our students, including background checks. I can’t comment on the things they have alleged against me, but I trust the legal system will work.”

Dow is running against Democrat Mary Hotvedt in the Silver City area district. They are battling to replace retiring GOP Rep. Diane Hamilton. R's backing Dow say this one is not over. They are hitting Hotvedt, a family therapist, for advocating open marriage, her stance on the death penalty and taxes, saying she is "not a good fit" for the mostly conservative SW district.

The Dow-Hotvedt battle could be a cliffhanger given the bad news for Dow. Dem performance in the district is 48.9%.

The House is divided 37 to 33 so it's two to tie for the Dems and three to take over.

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The Governor has called a special session of the legislature to begin Friday and appears to be hoping for a train wreck that she can blame on the Senate Democrats just in time for the November election.

The session is essential to resolve the $220 million deficit left over from the budget year that ended June 30. The state must legally pay its bills. But Martinez is insisting that  a trio of crime bills--including one to reinstate the death penalty for child and cop killers--are equivalent in importance to the historic budget shortfall and has placed them on the call of the session.

It appears it is time for the Senate to call the Governor's bluff. With her popularity down to the low 40's and saddled with a Trump presidential candidacy that could very well collapse on the GOP in the final month, Senate Democrats are positioned to take a stand and win, if they can swallow their courage pills.

Plugging last year's shortfall is essential and can be done by sweeping money from various funds. As for the budget year we are now in and which is already projected to have a deficit of nearly $500 million, the Senate Dems are not going to be able to get a deal with this Governor and the radical House Republicans which does not involve violating their pledge not to cut the budgets of the public schools and universities. They can propose additional sweeps to start on that problem and leave the heavy lifting of cuts and revenue enhancement for the 2017 session in January.

As for the crime bills, the Senate might be able to give the Governor something on the "three strikes and you're out" legislation, but the death penalty is a nonstarter. The bill could be referred to Senate Finance Committee where it could be tabled on the grounds of its significant fiscal impact with the pledge to take it up in the '17 session.

The Governor's office says "we hope (the special session) will be short" but accuses the Senate Dems of "playing games," meaning the Dems won't give on the crime bills.

The Senate needs to act fast. The longer the session drags on the more definition it will have in the mind of the public and they will take the hit. They need to be out of there Friday night, let the Governor do her bleating into the weekend and into the start of Balloon Fiesta and be done with it. Then everyone heads out to the campaign trail to fight it out with each side accusing the other of playing political games.

VICTORIA POLITICS

The gruesome murder of 10 year old Victoria Martens started the talk of reinstating the death penalty but now a flip side.

The progressive Center for Civic Action comes with a hard- hitting 30 second TV spot that places blame for the murder of Victoria not on the lack of a death penalty but squarely in the lap of Gov. Martinez.

The ad features a little boy posing questions about the murder to his mother who explains that Victoria was killed by "bad people but she's in Heaven now." The little boy wonders if the "people who protect kids" could have saved Victoria." The mom's answer: "The CYFD should have protected Victoria but Governor Martinez didn't give them the support they needed to save kids like Victoria."

The ad states that APS notified CYFD of concerns about Victoria and that the agency interviewed the little girl but no action was taken. The ad also says there are over 390 vacant positions at CYFD.

The new ad could provide some cover for Democrats fighting the Guv's political machine and its top heavy crime agenda in key House and Senate races. Certainly, the blame game for Victoria's murder is now part of Campaign '16 as we will see at the special session.

The ad is pretty brutal but the buy of $36,000 over a three week period on the big broadcast stations and cable is a break for Martinez. If it were something like $136,000 it just might bring her approval ratings down even further.

The Center is a tax exempt group that is not required to reveal where it gets its donations, but groups associated with liberal billionaire George Soros have in the past given money to the group.

PNM RATE HIKE

Nine percent is better than 14 percent but not by much. The Public Regulation Commission (PRC) fell short of giving the electric utility monopoly the 14 percent boost it wanted but also did not come close to the 6 percent increase that its own hearing officer said should be granted. Pushing through a rate hike that will increase average residential bills by 9 percent in the middle of a long term economic stagnation replete with low wages is going to hurt. A 6 percent hike would not have endangered PNM's financial standing or its stock price. PNM says it will appeal to the NM Supreme Court asking for the full 14 percent.

UNM WOES

Harris

When we blogged of how UNM Executive Vice-President David Harris stormed out of a TV news interview when asked about expensive dinners hosted for donors to the UNM athletic department, we quoted his compensation at $307,000 as stated on the UNM sunshine portal. But it is actually much, much more than that as this UNM reader points out:

David Harris' salary, and several other executives for that matter, contain a significant portion in deferred compensation. That amount never appears in the sunshine portal and is "hidden" compensation. You can only find out how much it is by requesting the contract addendum through an IPRA request. This was routinely done a few years ago by the Journal and others but I don't think anyone has requested it in recent years. It would be interesting to know who gets it and how much they get. I think we would all be surprised.

In 2009, the newspaper did a story noting Harris was then getting $50,000 a year in deferred compensation. Our reliable sources at UNM say that it is now $75,000 per year which makes his refusal to answer questions about taxpayer money at UNM all the more disturbing.

Seven years ago total deferred compensation at UNM topped $1 million. What is it today? The legislature ought to gather the numbers and promptly release them and start the cutting. If VP Harris chooses to walk out because of it, so be it.

INSIDER FRANK INFO

Now more on what we're told was the refusal of the UNM Regents to renew the contract of President Bob Frank and who will soon fill a $350,000 gig created especially for him at the UNM Health Sciences Center. A UNM reader writes:

The fact that the Board of Regents didn't renew President Frank's contract is no surprise. The creation of the position at the HSC is actually quite brilliant. It's a big "screw-you" to Dr. Paul Roth, head of HSC. Make Paul Roth pay the outrageous salary and give Frank a title that are duties that belong to the Dean of the Medical School! That strategy has David Harris written all over it.

In case you missed it Frank and the Regents engineered the demotion of Roth at UNM Health Sciences and he will now come under the purview of the UNM President and Regents. Which leads us to declare that UNM politics are more vicious than a Valencia County cockfight. . .

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"It's the economy, stupid" was the 1992 campaign theme. This year? "It's the anger, stupid!" How else to explain the staying power of Donald Trump who does that Timex watch thing and just keeps on ticking, even after being water boarded by his own hand as often occurred at last night's 98 minute mutual character assassination bout, otherwise known as the first 2016 presidential debate.

Hillary let Trump bury himself, but did he? Probably not. His seemingly authentic anger is echoing across the swing states of America where the raw deal long ago replaced the new deal and where the middle class martini has been replaced by the heroin needle.

People want heir voices validated. They want to be heard. And that's why Hillary Clinton has been unable to completely put this game away. She hears them but he feels them. The debate will go on, despite Trump losing by every conceivable conventional measure last night. These are indeed unconventional times.

We turn to Republican turned Democrat and former ABQ City Councilor Greg Payne for the essence of the showdown:

Clinton prepped for the debate. Trump didn’t. It showed. The question is, what does it mean for the polls? Clinton probably stopped the political momentum Trump has enjoyed since her fainting episode on 9/11. But Barack Obama had a bad first debate against Mitt Romney in 2012 and bounced back. Can Trump do the same? With all the twists and turns this race has had so far, neither campaign should operate under the delusion that the debate finished the race for either candidate.

As for New Mexico, it is colored blue by nearly all the pundits. The Journal will come with a post debate presidential poll this Sunday.

UNM UNCORKED

Harris

There's plenty happening at the University of New Mexico that would give Donald Trump much to rail about. The tone deafness at the Harvard on the Rio Grande seems to have no limits. The latest. . .

You may have thought the arrogance and self-entitlement among the top echelon at the University of New Mexico peaked last week with the creation of a $350,000 job for outgoing UNM President Bob Frank, but you would be wrong. Despite facing millions in budget cuts, UNM's leadership continues to flip the bird at the taxpaying public.

Take a look. . .

David Harris, the  $307,000 a year UNM executive vice-president, walks out of a TV news interview when he is questioned about a $1,300 donor dinner at a Chinese restaurant in Las Vegas, Nevada that included Harris and Gov. Martinez. It was hosted by UNM athletic director Paul Krebs and Harris signed off on it. Harris haughtily declared questions about that taxpayer funded Vegas soirée as "out of bounds" and stormed out of the interview. All of this is shown on TV news with the elderly Harris appearing oblivious to the damage he was doing.

In his interview, granted only after Harris blew up, Krebs, who makes $319,000 a year, is almost equally as arrogant as Harris in defending his bloated expense account for donor dinners. UNM spends more on them than all but one other school in the Mountain West Conference. Never mind that his department is running a deficit of $1.7 million. Just pass the prime rib, please.

The stonewalling of Harris and Krebs really cues up the ball for the legislature to slash and burn the UNM budget. The complete disconnect between what is happening to this state's economy and citizens and the attitudes of Harris and Krebs is stunning. But add it to the pile. The phony Frank job, the electric company wanting a 14 percent rate increase and the mayor of ABQ handing out double digit salary increases to his inner circle are just a few examples of why Donald Trump's bashing of the political elites resonates so loudly.

It's supposed to be public service but for Krebs and Harris et al. it has become a giant feed bag.

A reader piles on:

Joe, You called it correctly. Harris has become one of the most powerful persons in state government. His service(s) in Santa Fe to previous administrations and for the Legislative Finance Committee (LFC),  combined with his sinecure at UNM, has cemented his position as untouchable. Who else will the UNM Regents turn to for advice at this point but David? And who do the politicians turn to for advice on where the bodies are buried? Obviously, I'm concerned.

And ABQ Dem State Sen. Jerry Ortiz y Pino wrote this to a constituent about the new Frank job:

Unfortunately, this is but the most recent example of the disdain with which the UNM Regents, Administration and I have to say, Governor Martinez, treat the taxpayers of this state. These are not supposed to be lifetime sinecures. But the Martinez-appointed Regents, who would not take such a step without the Governor's blessing, act in total disregard for the fiscal realities facing UNM--and the entire state. Brutal! 

TRUST FACTOR

The news:

ABQ Mayor Richard Berry spoke at the Domenici Public Policy Conference in Las Cruces about restoring public trust in law enforcement, and the efforts his city has taken in that direction.

Hmm. Isn't that kind of like  Dianna Duran and Phil Griego giving a joint speech on ethics?

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Donald Trump isn't finished with New Mexico. Not quite. As his campaign prepares for the big debate tonight they are also keeping an eye on our corner of the world and will give us a wink with a TV ad buy:

Trump's new ad buy will include 13 states, from key battlegrounds such as Florida, North Carolina, Ohio and Pennsylvania, to new targets of Maine, New Mexico and Wisconsin, Miller said. About $40 million of the ads will play on national TV, 

Trump remains a long shot to carry the state, with FiveThirtyEight's latest odds giving Clinton a 73.3% chance of taking the victory. But even if Trump doesn't get a jump on her here, any over the air NM ads will also be seen in southern Colorado which is part of the ABQ TV market. That matters because:

If Trump were to win all the states where he currently holds any lead in the Real Clear Politics average of polls, he would still need to secure one more state to win a majority of Electoral College votes. Clinton now holds significant 5- to 6-point leads in the polling averages for New Hampshire, Pennsylvania, and Virginia. It's entirely possible that Colorado could end up putting one candidate or the other over the top in November.

The Trump jump into NM got the state Dems attention:

Donald Trump knows that his dangerous and divisive campaign is not resonating with New Mexicans, His desperate attempt to change that is not going to work.

Former NM Gov. Gary Johnson, the Libertarian Party presidential nominee, continues to poll well into the double digits here. That's expected to shrink but his presence is juggling the numbers and perhaps encouraging the Trump TV buy in  hopes of an October surprise.  No word yet on the size of the Trump ad buy.

Only one of our many analysts has predicted a Trump victory in the state. Veteran radio talk show host and independent politico Mike Santullo says "conventional rules don't apply this cycle and I believe there is a hidden vote for Trump that will give him the state."

Another independent analyst, former ABQ City Councilor and attorney Greg Payne, says Clinton's polling performance here has been "anemic" but in the end he expects her to carry the state in a "relatively close race."

UNM OUTRAGE

Bob Frank

Trump was never supposed to get this far but the latest news from the University of New Mexico provides more evidence on why this deeply flawed anti-politician continues to appeal to so many who see the political and business elites out of touch with them and their daily lives.

In a move that is giving UNM critics a field day and prompting shouts of outrage on social media, UNM President Bob Frank announces he will step down from his $362,000 position next year. That's a bit surprising, but then the shocker. Instead of following custom and taking a regular faculty position in the area of his expertise (psychology) after completing his presidency, a brand new position is being created for Frank at the UNM Health Sciences Center (HSC) at a salary of...you guessed it...$350,000.

The move is all the more startling coming as it does against the backdrop of an historic state budget deficit that is going to see the UNM budget cut by millions in the year ahead. It has already prompted Frank to slap on a hiring freeze at UNM. Former ABQ Journal politics editor John Robertson comes out of retirement to take this one on:

. . . The Frank exit deal, with. . . a Health Sciences Center sinecure, was a way to avoid a fight over a second-term contract for the presidency. I am still left to wonder if the Regents or the governor want a new president and mystified by the decision to create a new $350,000 position in the midst of a budget crisis, on which Frank briefed school employees just the day before his exit announcement. If the Regents or the governor are behind it, New Mexico is not served well by constant turnover in top leadership positions, in academia or elsewhere. . . Why treat New Mexicans like a bunch of unruly kids and keep us on a diet of smoke and mirrors? Maybe my questions should be most immediately addressed to the chairman of the board of regents: You owe us more, too.

Frank recently joined with the UNM Regents to engineer a power grab that has UNM Health Sciences losing its independent governance and coming under the control of the Regents and the UNM president. Now Frank is going to go over there and be under the  supervision of Health Sciences boss Paul Roth, the man whose power he diminished. Mama Mia! Senator Alligator analysis is essential:

Joe, it was widely known that Frank's contract was not going to be renewed by the Regents. He is very disliked at HSC but he struck a deal with the Regents to get this new job created in exchange for leaving the presidency without incident. The former president always gets to teach in his field at a salary comparable to the highest in the department . However, it is my understanding the highest paid professor at UNM psychology makes about $150,000 so they create this new position and Frank gets $350,000. And its written so they do not have to consider any present employees for the position. 

The last couple of Regents appointed by Gov. Martinez-- Rob Doughty and Marron Lee-- are political puppets of Susana's and appear totally out of touch with UNM. A national search for a new president will cost at a minimum of $250k-$500k to a University that is hurting financially.

Interestingly this gives UNM Athletic Department Director Paul Krebs a free ride until a new President is chosen, even when Wisepies Pizza defaults in three months, as expected, on its $600,000 payment for naming rights for the UNM Pit.

Higher education watchers have been concerned that the Legislature will especially target the universities and colleges as it looks for a path out of the budget crisis. UNM is giving them more reasons for doing just that. And don't even ask about the role of Gov. Martinez and political svengali and longtime UNM executive Vice-President David Harris in this mess. Their fingerprints are everywhere.

While UNM may spit in the eye of the taxpayers with the Frank deal, they could get the middle finger in a Trump like gesture from lawmakers and a community fed up with the never ending cycle of self serving campus politics.

Meanwhile, expect his idea to pick up steam in the months ahead:

Karen Gardner, who works in UNM’s College of Arts and Sciences, said that after reviewing the number of salaried employees on the UNM campus who are paid more than $100,000 a year--and some even more than $200,000--she deduced that cutting those salaries by 5 percent could save some $8.3 million in one year. 

APD AND NCIC

This is always a temptation for wayward political machines and law enforcement insiders hoping to smear their foes, and now someone in authority is speaking out:

The executive director of the Civilian Police Oversight Agency has raised questions about how thoroughly Albuquerque police investigate officers who possibly misuse a federal law-enforcement database. Edward Harness, the director, said at a recent public meeting that he reviewed a case in which an officer accused of misusing the database in a civilian complaint was cleared of wrongdoing. The case marked the third time that Albuquerque police’s use of the National Crime Information Center database has been the subject of a complaint against an officer.

And a reader adds:

The NCIC data base contains confidential information not available to the general public. The unauthorized use or personal use of the data base by a police officer is a federal felony. According to the article, the APD Internal Affairs on more than one occasion has cleared police officers of improperly using the data base for personal use and “there is a pattern of it being taken lightly by APD.” This is further evidence that APD cannot and will not police itself. Internal Affairs needs to be removed from APD and the functions assumed by the City’s Inspector General in conjunction with the City’s Internal Audit Department, both which have subpoena powers and investigators.

And what will the mayoral candidates have to say about all that--and their plans for APD if they are elected next year? Stay tuned. . .

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