Email response to recent City Council Meeting

Below is an email received by The Burque Blotter, written by activist Silvio Dell'Angela, in response to the recent City Council Meeting on Monday.


Councilor Garduno seemed to be the only one committed to calling for a DOJ
investigation but the "compromise" he felt he somehow had to agree to wasn't
a compromise at all but a surrender to the other four and this Mayor.  What
did they give up?  Nothing.

The Mayor vetoed the original bill claiming it wasn't properly announced to
the public and the amendment changed the purpose of the original resolution.
Well the "compromise" amendment last night did the same thing and yet nobody
cared.

Both the Mayor and the Council will be obligated to support a DOJ
investigation should one occur so this passed resolution accomplished
nothing.

Politics as usual in Albuquerque.

More on this later.

Silvio

Angry words at City Hall over DOJ | Albuquerque, N.M. | KRQE News 13

Angry words at City Hall over DOJ | Albuquerque, N.M. | KRQE News 13

City council votes unanimously for investigation

Tonight at approximately 6:45p.m., Albuquerque's City Council voted unanimously for R-11-275, a substitute bill for the original bill vetoed by Mayor Berry, which calls for an investigation into Albuquerque Police Department by the Department of Justice. The bill was sponsored by Vice-President City Councilor Rey Garduno from District 6.

"This is the best thing the city could have done," exclaimed Garduno after the bill was passed.
"Your voices have not fallen on deaf ears," he assured the families of APD shooting victims.

People from varied backgrounds spoke during the "General Public Comment" part of the meeting. The youngest speakers were two, elementary aged girls, Christina and Alegra who pleaded for the council's vote on the bill.

"Albuquerque citizens are no longer comfortable dialing 911," they exclaimed. "We are working for justice....They (shooting victims) didn't have to die," exclaimed the girls.

Some speakers urged the council to listen to the concerns of it's constituents and warned of the extreme civil unrest in foreign countries as a result of  police brutality.

"Maybe you should ask the people in the UK about how they deal with murderous police," said Joe Gallegos from the ANSWER Coalition.

Veteran civil rights activist Andreas Valdez, reminded city councilors of APD officer, Trey Econimedy's  inflammatory Facebook post.

"I don't think that APD is in the business of "human waste disposal" but we need to make sure," he said.

Small Changes Made
The bill was placed as the fourth item to be heard at the meeting. In the past such bills have been placed at the end of the meeting agenda. This was a small victory for those who are forced to stay until the wee hours of the night to witness the results of a vote. Councilor Garduno noted that the bill was placed earlier in the agenda in consideration for those who have to work the next day. All speakers were required to adhere to the two minute speaking rule.

The Burque Blotter: City Council Bill No. R-11-275

The Burque Blotter: City Council Bill No. R-11-275: CITY of ALBUQUERQUE NINETEENTH COUNCIL COUNCIL BILL NO. R-11-275 ENACTMENT NO. ________________________ SPONSORED BY: Rey Garduño 1 RE...

City Council Bill No. R-11-275

CITY of ALBUQUERQUE
NINETEENTH COUNCIL

COUNCIL BILL NO. R-11-275 ENACTMENT NO. ________________________

SPONSORED BY: Rey Garduño

1 RESOLUTION
2 SUPPORTING A UNITED STATES DEPARTMENT OF JUSTICE INVESTIGATION
3 INTO WHETHER THERE HAS BEEN A PATTERN OR PRACTICE OF CIVIL
4 RIGHTS VIOLATIONS BY THE ALBUQUERQUE POLICE DEPARTMENT.
5 WHEREAS, the U.S. Department of Justice (DOJ) conducts “pattern or
6 practice” investigations of local law enforcement agencies if it determines that
7 such investigations are warranted and DOJ involvement can bring about a
8 sustained change where necessary; and
9 WHEREAS, the DOJ has begun reviewing whether a “pattern or practice”
10 investigation should be conducted with regard to the Albuquerque Police
11 Department; and
12 WHEREAS, the Mayor has informed the DOJ that “we will fully cooperate
13 and will work collaboratively in regards to any investigation they choose to
14 conduct in this matter”; and
15 WHEREAS, based on the recent spike in incidents of the use of deadly
16 force by Albuquerque Police Officers, concerns have been brought to the
17 Council about whether Albuquerque Police Officers are receiving appropriate
18 training related to the use of deadly force; and
19 WHEREAS, based upon claims by public advocacy groups of systemic
20 profiling, concerns have been raised as to whether APD Officers are receiving
21 appropriate training regarding implicit bias; and
22 WHEREAS, a local law enforcement agency cannot be effective unless it
23 reduces crime, protects individual constitutional rights and engenders public
24 confidence; and
25 WHEREAS, a loss of the public’s confidence in APD and its leadership will
26 have a devastating impact on the community; and

Page 2

1 WHEREAS, an outside investigation is necessary to restore  the public’s
2 trust at this time; and
3 WHEREAS, by conducting a comprehensive review of APD recruitment and
4 training practices and operating procedures, the DOJ can identify issues that
5 must be addressed by APD; and
6 WHEREAS, the Council expresses its support of a DOJ investigation and of
7 the Mayor’s commitment to cooperate and work collaboratively with the DOJ
8 on such an investigation.
9 BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF
10 ALBUQUERQUE:
11 The Council supports a comprehensive investigation by the U.S.
12 Department of Justice into whether there has been a pattern or practice of civil   rights violations by the Albuquerque Police Department.

Jewel L. Hall,PresidentDr. Martin Luther King, Jr. Memorial Center Board
PO Box 40306
Albuquerque, NM 87196-03306

The Burque Blotter: Garduno sponsors bill for DOJ investigation

The Burque Blotter: Garduno sponsors bill for DOJ investigation: City of Albuquerque Councilor Rey Garduno is sponsoring city bill No. R-11-275. The bill is a resolution supporting an investigation by the ...

Garduno sponsors bill for DOJ investigation

City of Albuquerque Councilor Rey Garduno is sponsoring city bill No. R-11-275. The bill is a resolution supporting an investigation by the Department of Justice into the Albuquerque Police Department to establish whether there has been a pattern or practice of civil rights violations. The resolution cites Mayor Berry's agreement cooperate with any investigation and recent spikes in the use of deadly force by APD. The bill will be presented at the City Council meeting on Sept. 19, at 5:00p.m. People who wish to participate in the public forum are asked to arrive at 4:00p.m. to sign up to speak. Supporters of the families of victims who have been shot by APD officers are asked to wear blue to show their support.

Activists want equal treatment at city meetings

Albuquerque's last City Council meeting left more than a few people feeling that they had been slighted by City Council President Don Harris's two minute rule.

Councilor Harris announced that speakers in the Public Forum section of the meeting would be allowed to speak for only two minutes on each topic they had signed up for and that pooling or giving up of ones time would not be allowed. Topic of interest to the public were Mayor Berry's Veto of the Department of Justice Investigation and APD's internal affairs report. The Burque Blotter contacted Councilor Harris's office today (Sept. 14) and asked via email and telephone message, if there was any written policy regarding time limits for the public forum and when had it been implemented in the past. The Blotter did not receive a response directly from Councilor Harris's office however, an email response with an excerpt from the rules book for City Council meetings, from Laura Mason, Director of Council Services. Section 8 of the rule book states that the amount of time allowed for each speaker is at the discretion of the President and that time limits must be applied equally to all speakers in the Public Forum.

Jewel Hall, President of The Dr. Martin Luther King Jr. Memorial Center Task Force on Social Justice for Public Safety disagrees.

"Two minutes is barely enough time to take a breath. I was not going to move (even when they rang the bell) because I needed some more time," said Hall.

Hall is a certified Parliamentarian who has resided in Albuquerque for over 30 years and is a staunch supporter of freedom of speech and civil rights issues.

"This (police brutality) is making Mississippi look like a Golden State. That's why we organized to advocate for people who are intimidated," said Hall.

Hall also noted the placement of "Reserved Seating" signs extensively throughout the first two front rows near the podium and also mentioned that some speakers who did not speak on Mayor Berry's Veto were allowed more time to speak. Hall's concerns regarding the two minute time limits were relayed to Mason in a phone interview.

"We try to be very accurate as to the time limit.Overall I think that we do a good job at timing. I also noticed that some of the councilors tried to give folks extra time by asking them questions," she replied.

Mason also noted that people can type statements and submit them to the City Council before the meeting so that the statements go on record at the meeting.

Nicol Moreland, Ph.D, a research psychologist with Bernalillo County disagrees with the two minute rule and the structure of the meetings.

"They (City Council) set the meetings too early and put the "hot topics" at the end of the agenda. People have to take time off to get to a meeting that starts at 5:00p.m." she said.

As for the implementation of the two minute rule.

"There's no freedom of speech if people can't get up and effectively question their government," said Moreland.

The Burque Blotter also contacted The New Mexico Foundation for Open Government regarding the issues surrounding the City Council meeting. Executive Director, Sarah Welsh, stated that the Open Meetings Act does not cover public forum at city meetings. However, evidence of discrimination against individual speakers violates the Freedom of Speech Act.

People interested in viewing the Sept. 7th meeting can go to www.cabq.gov\council and click on the streaming video of council footage. A complete copy of City Council Meeting rules and procedures can also be downloaded.

Society of Professional Journalists News: SPJ gives Utah national “Black Hole Award” for egregious anti-transparency law

Society of Professional Journalists News: SPJ gives Utah national “Black Hole Award” for egregious anti-transparency law

City council fails to override veto

Even after many emotional pleas from citizens, Albuquerque's City Council failed to override Mayor's Berry's decision to veto a Department of Justice investigation on APD. Council members needed a 6 to 4 vote in favor of overriding the veto. Instead, they voted 5 to 4, one vote short. Councilors in favor were Garduno, O'Malley, Sanchez, Lewis and Benton. Councilors against were, Winter, Cook, Jones and Harris.

The majority of speakers in the open forum were supporters of the override however several speakers openly supported the mayors decision.

"When have the police become the enemy? We live in a violent ugly society," said Bob Martinez, Organizer for the Fraternity of Police Officers.

In a separate interview with Channel 7 News, Martinez stated that an investigation by APD wasn't necessary and that the community needed to work together to improve Albuquerque's quality of life.

The majority of those supporting the investigation openly asked for APD and Chief Schultz's support.

"The Chief of Police should get up and support the DOJ investigation," said Richard Moore from Los Vecinos United.

It is possible for the DOJ to conduct an investigation with or without approval from the Mayor. It is still uncertain whether or not the DOJ will conduct the investigation.

Mayor's veto of APD investigation by DOJ on City Council meeting agenda

Tonight at 5:00pm Albuquerque's City Council will meet and discuss a myriad of city issues. The most hotly debated issue is Mayor Richard Berry's veto message on article R-11-247 which addresses the City Council's request for an investigation by the Department of Justice into the Albuquerque Police Department officers use of deadly force and alleged pattern of civil rights violations. In previous interviews with local media outlets, the Mayor has stated that an independent investigation of APD has already been conducted and that another investigation isn't necessary. However, civil rights groups and city council members disagree. The meeting calls for an open dialog with the general public. A large turnout is expected.

Another item of interest is the 2011 Citizen's Perception Survey conducted by Research and Polling , Inc. for the City of Albuquerque in March of 2011. According to the survey, a random sampling of 408 adult residents were interviewed by telephone. 54-55% of residents answered that the overall quality of life in Albuquerque was good. 11-12% of residents answered that the quality life was excellent, 24-29% answered fair, 5-9% answered poor, 1% answered very poor, and 1% weren't sure or didn't know. Go to the City of Albuquerque website to download the meeting agenda and attachments at: www.cabq.gov

Cycle of Violence Wheel

Oh crazy day!

After many sleepless nights and countless conversations with attorneys I've decided to start a blog that accurately covers events surrounding the investigations of the Albuquerque Police Department and the civil rights organizations involved. This blog will also cover most Albuquerque City Council meetings. I will stress that I will cover most City Council meetings but not all of them because I am a one person operation at the moment.

For those of you who are not familiar with the events leading up to the Department of Justice's investigation of APD let me refresh your memory. There have been 20 shootings by APD officers on Albuquerque civilians within less than one year. 13 of the shootings have resulted in fatalities. The Albuquerque Police Department's Internal Affairs Unit has ruled that the majority of these shootings were justified. However, civil rights groups and families of the victims who were shot believe that none of the victims had to die and that APD could have used alternative methods to resolve the alleged conflicts that resulted in the shootings. Victims Andrew Lopez and Christopher Torres were shot in the back, at point blank range. Both men were unarmed.

In a recent television interview, Albuquerque's Mayor Richard Berry stated that the majority of APD officers do an excellent job serving the citizens of Albuquerque and that the officers that have engaged in the shootings represent only five percent of the department. Both the Mayor and Police Chief Ray Schultz acknowledge that officers need more training. However, three days of paid administrative leave after a shooting is the only solution that APD and the mayor's office seem to have come up with. Civil rights groups cite that much larger cities such as New York have far less police shootings than Albuquerque. On June 23, 2011, the mayors office paid $60,000 for an analysis of the shootings to the Washington, D.C. Police Executive Research Forum (PERF). A letter to the Mayor from the MLK Task Force for Public Safety cites that the PERF report is flawed and blames the victims for police violence, "rather than reviewing whether deadly force was appropriate in these incidents".

It is my humble opinion that there is a problem within APD which desperately needs to be remedied. Perhaps hiring practices need to be reviewed more stringently or new questions need to be added to the psychological assessment in order to weed out aggressive personalities. The cycle of violence that I have seen with APD is similar that of the domestic violence power and control wheel. I was raised to believe that the police are our friends and that they protect and serve the community and I would still like to maintain that belief. But I have difficulty maintaining that belief when I read reports of police officers shooting unarmed civilians in the back and witnessing officers laugh when the family members of the victims speak out at City Council meetings against police brutality.