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Signs Of Life: Political Humor With A Bite

"There's no trick to being a humorist when you have the whole government working for you." So Said the Great Will Rogers.

The Following Was Posted by: Concerned Citizen | August 16, 2005 05:30 AM

I was curious; I took it upon myself to e-mail the mayor. I was impressed by the speedy response -- on a Sunday!!!!! However the answer well, what do you think:

Thank you for your note. As Mayor, I am specifically prohibited from interfering with the Personnel system. The Charter gives that authority to the Chief Administrative Officer (James B. Lewis). I can tell you that in regard to Officer Hancock, only one side of the story has been told. In as much as there is litigation pending, I cannot comment any further.

The Following Was Posted by: oN oT ytraM zevahC | August 17, 2005 02:32 PM

The Mayor's Office response:
"Thank you for your note."

Interpretation:
"Oh damn, you wrote."

The Mayor's Office response:
"As Mayor, I am specifically prohibited from interfering with the Personnel system."

Interpretation:
"I have been apprised about Officer Hancock's previous history of misconduct and am fully aware that the city has been sued four times. We are now most likely facing ummm, number five. If I go out on a limb and condemn this officer's actions, I run the risk of losing the law enforcement vote in this critical election year. I may have over a million dollars but I'm not stupid. Those police have a way of keeping dirty information on politicians.

This is a nasty controversy and I intend to slip out of it the same way I did when my teenage daughter was busted drinking; I am going to ignore it and hope the people of Albuquerque are more interested in my dear doggie, Dukes."

The Mayor's Office response:
"The Charter gives that authority to the Chief Administrative Officer (James B. Lewis)."

Interpretation:
"This is double-speak which allows me to avoid directly dealing with the issue. My political appointee, James B. Lewis, who has reversed previous findings and ignored recommendations from the Police Oversight Commission should to be able to handle this politically sticky situation for me. Lord knows, in the past when it suited my interests I have intervened by calling upon those whom I have appointed to shake things up. This time however, doesn't seem quite right. I don't want to upset the police in an election year - God knows what they might do."

The Mayor's Office response:
"I can tell you that in regard to Officer Hancock, only one side of the story has been told."

Interpretation:
"Okay while I cannot 'comment' on the Moss beating, I am going to comment on it in a way as to cast doubt on Moss' allegation that he was beaten up by a police officer in the department of the city which I am Mayor of. In short, I want to make Offier Hancock look good and I want to put some doubt in people's minds about the alleged victim. Also, while I will not comment on it openly, I can say that I have talked to the Police and they have told me that only one side of the story has been told."

The Mayor's Office response:
"In as much as there is litigation pending, I cannot comment any further."

Interpretation:
"In as much as, my previous statement should hopefully plant seeds of doubt into your mind that a good officer beat up a bad, black drunken doctor who was here on a two month sabbatical in order to volunteer his time and valuable skills as a heart surgeon to poverty-stricken Navajo Indian children while he was awaiting his deployment to Iraq where he will heroically save lives of red-blooded American soldiers, you should be able to read between the lines. Do you read me here?"

"In as much as we, as a city, have been sued four times because of Officer Hancock's alleged misconduct and in as much as we have already settled two cases and in as much as we, have been sued in Federal Court over Officer Hancock at least twice. I would be a fool to do anything other than say nothing at this point because we may be fixing to get sued for a fifth time because of Officer Hancock.

Dear Concerned Citizen and oN oT ytraM zevahC,

From the very bottom of our hearts- thank you.

ASK MAYOR MARTY THE QUESTIONS AND WE MAY GET THE ANSWERS

For the last couple of weeks, NewMexicoMatters, Albloggerque and A Voice In the Wilderness have been banging on the drum of accountability regarding Dr. Vincent Moss's run-in with APD Officer Allen Hancock.

On Tuesday, a list of questions for Mayor Chavez regarding oversight of the APD and City policy was posted on this site. A Voice in the Wilderness, as did many readers, came to the conclusion that most likely, Mayor Marty won't answer the questions, for one reason or another.

However, when one voice is joined by another in calling for answers, and then joined by another and another, the collective power of the call is magnified---the question is to what degree? The answer is up to you.

Below you will find the Mayor's email and a reposting of the questions. If you think the questions deserve an answer from the Mayor, just click on the email address (that should open up your email client), then cut and paste the questions from the website into your email, sign your name if you want and hit send. Ask the Mayor to answer the questions and we may get answers.

Dear Mayor Martin Chavez,([email protected])

In light of recent reports of excessive use of force by APD officers, I have the following questions:

1) When did you first become aware that the City of Abq had been sued as a result of Officer Hancock's behavior ?
2) Was the conduct of officer Hancock ever brought to your attention during meetings with APD or legal staff ? 

3) Are you ultimately the final authority on city personnel issues?
4) Has disciplinary action ever been taken against officer Hancock in relation to any of the complaints filed against him? If so, what actions were taken and when? 
5) How many other officers have been named in suits against the APD ? 

6) How many of these officers have been named in multiple suits ? 

7) Why wasn't Officer Hancock removed from the force once his first suit was settled? 

8) What are the projected costs of legal fees and settlements associated with pending suits against the APD? 

9) How much did the APD pay out in 2004 in legal settlements and legal fees?

I appreciate your timely response to these questions.

Sincerely,

________________
A Concerned Citizen

HELP WANTED: ANYBODY WITH INTEGRITY

In case there were any self-conscious Democrats out there getting hot under the collar at our statement earlier last week that one can't be a good Democrat in New Mexico without being critical of other Democrats, take a breath- relax--Santa Fe Municipal Court Judge Fran Gallegos isn't a Democrat, she's a Green (Did you hear that? It's the collective sigh of relief coming from Democrats and Republicans everywhere- this judge isn't theirs) .

It turns out Green Party members are just as desperate for Greens with Integrity as Democrats are for Democrats with Integrity. Fear not those left of center, you are not alone. There are plenty of Republicans yearning for Integrity from Republicans-especially on the national level, where the GOP seems to be dancing a political limbo of "how low can you go?"

Anyway, Jason Auslander of The Santa Fe New Mexican, knocked it out of the park Sunday with one of the best investigative articles of 2005, exposing Santa Fe Municipal Court Judge Fran Gallegos' practice of "systematically altering DWI cases, often inflating jail sentences and the amount of time defendants spent behind bars."

Not surprisingly, On Friday, the New Mexican's Tom Sharpe had the scoop that Gallegos' mayoral aspirations had ended.

Auslander's primary source on the article was Jeremy Hanika, a former administrative assistant to Municipal Court Administrator Mary Anne Caldwell. Interestingly, Auslander didn't mention that Mary Anne Caldwell had been at the heart of an earlier disciplinary action against Judge Gallegos, who according to a February 28th article by Auslander

ordered defendants to attend the course for which Municipal Court administrator Mary Ann Caldwell was a paid instructor. She allowed Caldwell to use Municipal Court facilities and property for the for-profit class, called Alive at 25. Gallegos let Caldwell teach the class while she was employed by the Municipal Court. And finally, Gallegos assigned defendants to Caldwell's class before and during the time she was negotiating another disciplinary matter with the commission.

AAAARRHHH! Maybe we should seriously consider outsourcing New Mexico's Judiciary. Maybe not India, but Indiana, or if we want to try and stay closer to New Mexico we can go with Judges in Colorado or Arizona. Video Teleconferencing would allow us to enter a plea and receive a sentence from the nearest Kinko's. Seriously, maybe we should start drafting something for the next legislative session.

Mayor Marty: Taking Credit But Not Responsibility

Last week, NewMexicoMatters asked when the use of excessive force by APD officers would become an issue worthy of attention from our New Mexico leaders, namely the Mayoral candidates. Last Thursday, Mayor Chavez came closest to addressing the issue when, during his State of the City speech, the Mayor addressed the area of public Safety, claiming credit for a dropping crime rate and an all around safer Albuquerque as result of the 13% increase in staffing the0 APD has experienced since his return to office.

While the Mayor is happy to point to statistical decreases in crime as reason for re-election, there has been little to no mention that it has come hand in hand with what Jay Rowland, Independent Review Officer with the Police Oversight Commission, described to Joline Gutierrez Krueger of the Tribune, as a dramatic rise in complaints against the APD.

In 2003, (Rowland's) office received 220 complaints - a record high at the time, he said.
For 2004, the number of complaints rose to 307, he said.
Already this year, his office has received 203 complaints. Rowland said he expects that number to approach or possibly surpass the 400 mark.
"They continue to increase and increase and increase," he said. "We're already 25 percent ahead of what we were this same time last year."

The rising number of complaints against the APD is a serious matter that could have significant economic impact on the city's budget. In the case of APD officer Allen Hancock, who reportedly has been named in four federal lawsuits involving allegations of police brutality, two of which have been settled for undisclosed sums, while another two are ongoing and a fifth that will likely be filed by Dr. Vincent Moss, we have a city employee that has probably already cost Albuquerque tax payers more in legal fees and settlements than he could earn during his entire career with the APD.

Imagine, (because we don't actually know the settlement numbers) how many additional officers the APD could have hired with the money the city has already paid out to victims of Allen Hancock and and will likely pay out in the future. One has to wonder how an officer named in 4 lawsuits, all alleging similar acts of misconduct, was allowed to patrol a busy downtown area on a weekend, where not surprisingly, he became involved in a situation where force was used, resulting in what will likely be a 5th lawsuit against the city.

Putting aside a discussion of institutional issues that contribute to incidents of police misconduct and brutality, the career of Officer Allen Hancock in general, and the events of July 17th, 2005 specifically, raise basic questions about the general management of city personnel, resources, responsibility and authority.

In effect, what is the difference between allowing an officer with a known record of using excessive force continue to patrol, and leaving a man hole uncovered despite four people have been injured falling down it ? I'm sure lawyers will argue otherwise, but so far as this conversation is concerned, the answer is, nothing. Both the are examples of negligence.

If Mayor Chavez wishes to take credit for the city's successes, then he must also to take responsibility for it's failures- Allowing officer Hancock to continue to be employed by the city is not only an ethical failure, but a managerial failure as well that has ongoing financial consequences for Albuquerque. According to Law.com negligence is the failure to exercise the care towards others which a reasonable or prudent person would do in the circumstances.

In making a claim for damages based on an allegation of another's negligence, the injured party (plaintiff) must prove:
a) that the party alleged to be negligent had a duty to the injured party-specifically to the one injured or to the general public.
b) that the defendant's action (or failure to act) was negligent-not what a reasonably prudent person would have done
c) that the damages were caused ("proximately caused") by the negligence. An added factor in the formula for determining negligence is whether the damages were "reasonably foreseeable" at the time of the alleged carelessness

Based on above definition, it's hard to argue that Mayor Chavez ins't in fact responsible, in some way or another, for allowing Officer Hancock to continue to police the city when a reasonable person might have otherwise suggested that the officer be removed, if for no other reason that to protect the city from any further lawsuits.

Here are some of the questions that Mayor Chavez should be asked and for which he should provide answers.

1) When did you first become aware that the City of Abq had been sued as a result of Officer Hancock's behavior ?
2) Was the conduct of officer Hancock ever brought to your attention during meetings with APD or legal staff ?
3) Are you ultimately the final authority on city personnel issues?

4) Has disciplinary action ever been taken against officer Hancock in relation to any of the complaints filed against him? If so, what actions were taken and when?
5) How many other officers have been named in suits against the APD ?
6) How many of these officers have been named in multiple suits ?
7) Why wasn't Officer Hancock removed from the force once his first suit was settled?
8) What are the projected costs of legal fees and settlements associated with pending suits against the APD?
9) How much did the APD pay out in 2004 in legal settlements and legal fees?

Questions Mayor Marty Needs to Answer

With a quick preview of post to come, NewMexicoMatters has a prediction to add to the Albloggerque's: Mayor Marty will be asked: When did you first hear the name Allen Hancock ?

Past President of NM Oil and Gas Association: "Some Places We Shouldn't Drill"

Past president of the NM Oil and Gas Association, Gary Fonay, broke rank with the organization he used to run Wednesday, debuting a 30 second radio add in which the self-proclaimed advocate of drilling reportedly calls on all New Mexicans to contact their Congressional delegation and ask them to protect the 40,000 acre Valle Vidal in the Carson National Forest from drilling.

According to Adam Rankin, AbqJournal Staff Writer, the 30 second radio spots sponsored by the New Mexico Wildlife Federation, which may already be up, will run in Albuquerque, Raton, Taos and Farmington. Perfect timing for the Presidents signing of the Energy Bill on Monday.

Considering how lock step most Republicans and Oil and Gas lobbyists are with the Bush administration's "Honey you take the H2 and I'll take the Excursion" Energy policies, it's rare to read about someone like Fonay, a former heavy hitter for Oil and Gas Assoc. come out and say "I support energy development, but there are some places where development should not be allowed; the Valle Vidal is one of those places."

On a side note, Adam Rankin and the Journal spanked the New Mexican on a story that the "Oldest Paper in the West" should have been all over.

Mario Burgos: "Help Wanted: Democrats with Integrity"

First off, thanks to Mario and the Terrellian for their recent shout-outs.

On Monday, Mario Burgos referenced our July 29th entry "Sheriff Darren White: Defender of the Democratic Process?" , with a posting titled "Help Wanted: Democrats with Integrity." Mario's editorial didn't go much further than the headline, other than to note the supposed political leanings of the viewpoints expressed on this site and that he "was wondering when someone from the left was going to challenge ACORN's win by any means mentality."

In what some may see as an increasing and startling trend, I again agree with Mario, New Mexico does need Democrats with Integrity ! Lets face it, in a state that seemingly has more of an historic than ideologic allegiance to the Democratic party, there are more Democrats than Republicans.

Just look at the numbers; according to the Secretary of State's website, as of today, out of 1,075,601 registered voters in the state, 535,504 are Democrats (50%), 349,760 (33%) are Republicans, 29,927 (3%) Other and 163,410 or 15% of New Mexicans have registered as Independents. Statistical reasoning suggests that if a registered voter gets into trouble with the law, or does something unethical that lands them in the press, there is a greater chance that individual will be a Democrat than there is that they would be a Republican or member of any other party.

The same can be said of our state's elected officials; of the 70 seats in the State House of Representatives 42 are controlled by Democrats, 28 by Republicans and of the Senate's 42 seats, 23 are held by Democrats and 19 by Republicans. Unfortunately, the sad reality is that when a legislator does something wrong, again the chances are greater that that individual will be a Democrat- Sen. Grubesic, former state Rep. Bengie Regensberg just to name two off the top of the list (oh and there is a list and there are plenty of Republicans on it so all those readers with blue blood a boiling, don't worry and stay tuned).

So what does all this mean? Is NewMexicoMatters out to sink the Democratic Party in New Mexico? Well, it means a couple of things:

1) One can't be a "good" Democrat in this state without being critical of fellow Democrats.

2) I suspect there are people living in New Mexico who are registered as Republicans or Independents because they see the Democratic Party of New Mexico as an inept institution rife with corruption, complacency and complicity and won't be convinced that a Democrat deserves their vote until the party can hold it's members accountable when the act in a manner inconsistent with the virtues of representative government.

When Will It Matter to New Mexico's Leaders?

It's been several days since I've read anything regarding Dr. Moss in the New Mexico press. It's telling that the Democratic Party Chair, John Wertheim could offer quip regarding his good friend John Grubesick, but not say a thing regarding the beating of an African American Doctor doing charity work for Native Americans by APD police. Does it bother anybody that this occured ? Where are the mayoral candidates on this issue ?

If racism is New Mexico's dirty little secret, then there's evidence that it may not be such a secret outside the state.

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