City Councilors, activists, demand open dialogue with Mayor over police shootings

Mayor Berry was a "no show" at last night's heated City Council meeting.


By Pilar Armstrong


City Councilors appeared angry at the Mayor's apparent lack of interest in attending Monday nights City Council meeting.

"Is the Mayor expected to come down to the meeting?," asked Councilor Ray Garduno.

"I'm getting tired of communicating through newsprint and radio. These conversations (with the Mayor) exist (only) in newsprint and airwaves. This is not a way to communicate", he quipped.

These questions were directed to Rob Perry, the Mayor's top administrator. Garduno also explained that the Mayor needed to attend a City Council meeting so that he would have an opportunity to listed to what his constituents had to say regarding the police shootings. According to Garduno, the Mayor was invited to attend last nights meeting and was scheduled to meet with Councilors on April 21st. The meeting was cancelled to Garduno's dismay and was not the first cancellation he had received.

The Mayor's front man invited the Councilors to met with the Mayor privately, behind closed doors. Perry also stating that the  recent letter sent by Councilors, Garduno, Benton, O'Malley, and Sanchez did not offer any concrete solutions to the APD's mounting legal and civil rights issues. He vehemently defended the 23 shootings stating that the shooting victims were people with mental illness and extensive criminal histories.  Upon previous examination by the Burque Blotter, only a handful of the shooting victims had what might be considered "extensive" criminal histories. It is fact that the majority of the shooting victims were either shot while running away from officers or while handcuffed, face down.

"This is very third world. The type of thing you'd see in El Salvador or Nicaragua," stated activist Silvio Dell'Angela in a previous phone interview.

Councilors Garduno, Benton, O'Mally, and Sanchez have been routinely blasted in press releases sent by the Mayor's office over their support of a Department of Justice investigation on APD. The Mayor even garnered the support of Gov. Susana Martinez who openly criticized the four Dem. Councilors for not supporting the Paseo Del Norte overpass project. Both Mayor Berry and Gov. Martinez are clients of political consultant company McCleskey Media Services.

Councilors also took offense to the Mayor's accusations that they were not supportive of APD and that there support of the DOJ investigation was not politically motivated as the Mayor claimed.

"We sent a polite letter to the Mayor about leadership. It would be curious to know what the Mayor would have to say (at this meeting)," said Councilor Benton.

Letter from Commander Saylor

From: Saylor, Cliff B. [mailto:CSaylor@cabq.gov]
Sent: Friday, April 13, 2012 11:02 AM
Subject: Councilor's letter to the Mayor

Dear Neighbors,

Please read the attached letter from 4 city councilors to the Mayor.  Please make your opinions heard.  Whether you support this agenda or oppose it, contact your city council and the Mayor!  Let them know how you feel.  I am gravely concerned that these councilors are being influenced by a very vocal few, amplified by a very negative media.  I am very concerned that these individuals have an over-represented impact on the City of Albuquerque and the Albuquerque Police Department. 

It is absurd to blame the 23 officer-involved shootings on APD.  There were many factors involved in the final outcome. 

In all of these 23 officer-involved shooting situations, APD responded to a call for help.  However, before APD arrived several failures had occurred that made our job incredibly difficult. 

1- The family failed to properly raise their child.

2- The school system failed to educate the student.

3- The mental health profession failed to help the patient.

4- The criminal justice system failed to teach the defendant the consequence of their actions.

5- The prison system failed to rehabilitate the criminal and/or

6- The individual failed to act like a law-abiding human being, with respect for others...

Most importantly... The suspect failed to follow the LAWFUL orders of the police officers...

Stay safe and let your voice be heard!

Cliff Saylor, Commander

Albuquerque Police Department

Foothills Area Command

12800 Lomas Bd. NE

Albuquerque, NM 87112

(505) 332-5240

Integrity, Respect, Fairness, Pride.

Two APD killings in one week: A community call to action

City tells activists to remove signs

Activists criticizing APD and Chief Schultz were asked to refrain from holding up signs around TV cameras and  public forum speakers.

In a phone interview after last nights City Council meeting, Laura Mason, Director of City Council Services, stated that she had received complaints from citizens claiming that the signs were distracting when other speakers were using the public forum. She also felt that most of the activists seemed willing to comply with the request and encouraged them to hold up signs two seats over from the podium, away from the cameras.

"We want for people to be respectful of other people at the meetings and the councilors," she said.

Activist Silvio Dell'Angela disagrees, stating in an email addressing City Councilors, Mason and Mayor Berry, that Mason was not authorized to make the request and demanding a public apology. Dell'Angela also criticized the use of a police officer to intimidate activists.

"Be assured that at the next Council meeting on March 5 that we will have our signs raised behind the speakers and shown to all viewers of GOV-TV and will look forward to seeing if you will have the good police officer there arrest us or force us to leave the Chambers.", retorted Dell'Angela, in the same email.

Black cloth was also placed on chairs around the podium as if to deter people from sitting or placing signs near the podium. Mason claims the City has been employing this practice for years and just wants to keep the peace.

"We will always try to treat Mr. Dell'Angela with respect," replied Mason.

Current City Council Rules of Procedure doesn't mention anything about the proper placement of signs at meetings. However, Section 12. of the Rules and Procedure states that disturbing the meetings in a "disorderly manner" shall be considered "unlawful". It is not clear as to what is considered disturbing and disorderly. The Blotter has contacted The New Mexico Foundation for Open Government and is awaiting a response regarding these issues.

Activist urge deferment of two APD reports

Some Albuquerque activists are urging councilors and citizens to defer two APD reports at tomorrow nights City Council meeting.

The reports that are raising criticism are council agenda items EC-11-613, IRO 3rd Quarter Report and OC-11-34, MGT Report of the Police Oversight Commission ordinance system. Activist, Silvio Dell'Angela claims that the latest commission report
"..has historical information likely cut and past from their previous report and their cut and paste of what other cities are doing from their other City reports.", in an email sent to the blotter.

The little known ,$39,219 study took place in Nov. of 2011 by consulting form MGT of America, Inc, from Texas.

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

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

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.