APD Forward Delivers Petition Seeking Changes to APOA Collective Bargaining Agreement
FOR IMMEDIATE RELEASE
October 8, 2020
CONTACT: Micah McCoy, (972) 740-6675 or [email protected]
ALBUQUERQUE, NM - Today, APD Forward delivered a petition containing over 1200 signatures to the offices of Albuquerque Mayor Tim Keller demanding that the City include critical provisions for police accountability in the new collective bargaining agreement (CBA) with the Albuquerque Police Officers Associate (APOA). The CBA currently under negotiation between the APOA and City of Albuquerque determines, among other things, the mechanisms for disciplining improper and illegal conduct by officers.
“Albuquerque has a long and tragic history of officers avoiding meaningful discipline or consequences when they break the law or violate departmental policy,” said APD Forward spokesperson Paul Haidle, Executive Director for the New Mexico Criminal Defense Lawyers Association. “Over the years, police unions have used collective bargaining agreements to make it virtually impossible to hold officers accountable when they violate people’s rights, use excessive force, or even wrongfully kill people in the community. This creates a culture of impunity that is toxic to good policing and destroys community trust. With this petition, the people of Albuquerque are asking their mayor to take a step towards finding balance between fairness to officers and officer accountability. Going forward, we must also ensure additional accountability measures are enshrined in state law. ”
In the petition, APD Forward asks for the following provisions be included in any new collective bargaining agreement negotiated with the APOA:
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Remove the 90-day limit on investigations of police officers
The current CBA requires any administrative investigation of an officer accused of misconduct to be completed within 90 days, subject to a possible extension of up to 30 days if approved by the Chief of Police. Both the Civilian Police Oversight Agency and the Independent Monitor overseeing APD’s reform agreement with the U.S. Department of Justice have singled out this provision as a significant obstacle to officer accountability, resulting in many complaints expiring because the clock runs out on their investigations. The new CBA should increase the limit on administrative investigations to 180 days, the standard for most other police departments around the country.
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Release information about officer misconduct to Police Oversight Board
Section 20.1.10 severely limits the information that the Director of the Civilian Police Oversight Agency may share about investigations into officer misconduct with the Police Oversight Board (POB), even though the Board is responsible for approving the findings of the Director and any training or disciplinary recommendations to be made to the Chief of Police. The current CBA even prohibits the POB from knowing the identity of the officer, preventing them from identifying officers who are repeat offenders. This limitation should be struck from the agreement.
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Don’t give officers unfair access to information
Though the POB is precluded from knowing the names of officers under investigation, ironically, no such courtesies are extended to people who file complaints. Section 20.1.3 of the CBA requires that the identity of the person or officer making the charge be shared with the officer under investigation, if it is known. People who file complaints against officers therefore must weigh the risks of possible retaliation before reporting misconduct. This requirement should be struck.
A copy of the petition can be found here.
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APD Forward Responds to Evidence of APD Collaboration with Armed Civilians
FOR IMMEDIATE RELEASE
June 4, 2020
CONTACT: Micah McCoy, [email protected]
ALBUQUERQUE, NM - Today, the APD Forward coalition released a statement regarding a video that surfaced showing APD officers appearing to coordinate with armed civilians in advance of a planned protest on Monday, June 1st against police violence and systemic racism. The following statement can be attributed to APD Forward spokesperson Barron Jones, Senior Policy Strategist for the ACLU of New Mexico:
“To even give the impression that the Albuquerque Police Department is blessing the actions of armed, un-deputized civilians in advance of a highly charged protest is dangerous and irresponsible. Only trained professionals should be authorized to keep the peace at large demonstrations, and law enforcement should never bruise already fragile community trust by appearing to coordinate with outside armed groups, regardless of whether their intentions are noble or not.”
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APD Forward Responds to Monitor's Tenth Progress Report on APD Reform Process
FOR IMMEDIATE RELEASE
November 5, 2019
CONTACT: Micah McCoy, (505) 266-5915 x1003 or [email protected]
ALBUQUERQUE, NM - Today, the APD Forward coalition responded to the tenth progress report released last week by Dr. James D. Ginger, the independent monitor appointed by a federal court to oversee the reform of Albuquerque Police Department’s use of force policy and practices. The following quote may be attributed to APD Forward Spokesperson Paul Haidle, Senior Policy Strategist for the ACLU of New Mexico:
“Reaching 100 percent compliance with the required changes to policy and procedures is an important milestone and APD should be commended for this accomplishment. Primary compliance sets a strong policy foundation for future reforms. The Monitor’s report also raises serious concerns about some of the most crucial aspects of compliance. Particularly worrisome is what the Monitor describes as an aversion to discipline where supervisors take disciplinary matters into their own hands in order to protect officers. The Monitor is clear that this situation must be addressed by APD and could be a ‘fatal shortcoming’ if not handled quickly and clearly. APD Forward is concerned that supervisory oversight, one of the most critical pieces of compliance, continues to be a stumbling block to reform.”
A copy of the Monitor’s tenth report can be found online at APDForward.org: https://d3n8a8pro7vhmx.cloudfront.net/apdforward/pages/33/attachments/original/1572991353/APD_Forward_-_Tenth_Monitor_Report.pdf?1572991353
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APD Forward Questions Deployment of State Police in Albuquerque Following Officer-Involved Shootings
Micah McCoy at 505-266-5915 X 1003 or [email protected]
ALBUQUERQUE, NM - Today, after two New Mexico State Police officers fired at two civilians in Albuquerque in separate incidents Thursday evening, APD Forward is demanding the governor and mayor ensure State Police will be held to the same standards as the Albuquerque Police Department under the Court Approved Settlement Agreement with the Justice Department. The shootings occurred less than a week after the governor assigned 50 New Mexico State Police officers to targeted areas in Albuquerque to fight crime.
“For years the Albuquerque Police Department operated with impunity, shooting and killing someone practically every month. We don’t want to return to those days,” said ACLU of New Mexico Executive Director Peter Simonson. “We’re deeply concerned that the deployment of New Mexico State Police officers in our communities threatens to wreck progress towards constitutional policing in Albuquerque at a time when there is still much reform to be made.”
In announcing their decision to deploy State Police to Albuquerque, neither the governor nor the mayor made clear what procedures are in place to ensure officers will be held accountable and whether officers will be held to the same standards as Albuquerque Police Department officers. APD Forward is concerned that if State Police are allowed to operate by different rules, police violence may escalate and threaten community safety.
“The whole reason we have a consent decree is because of a culture of aggression and a pattern of excessive use of force,” said Strong Families New Mexico Field Director Adriann Barboa. “Bringing police officers into Albuquerque who are not held to the same standards increases the likelihood that already over-policed black and brown communities will be further criminalized.”
APD Forward Requests Background Information on Fatal APD Shooting in Crowded Grocery Store Parking Lot
APD Forward requests meeting with Chief Geier to review footage and decision making process
FOR IMMEDIATE RELEASE
June 27, 2018
CONTACT: Micah McCoy, (505) 266-5915 x1003 or [email protected]
ALBUQUERQUE, NM--Today, the Albuquerque Police Department (APD) held a press conference in which it released some of the footage of the officer involved shooting that left robbery suspect Richard Rivera dead on June 16. In response, APD Forward is calling on APD Chief Geier to meet with representatives from the group to walk through the incident and review any lapel video footage and other evidence tied to the shooting.
“We’re asking Chief Geier to be open and transparent with us by walking us through the evidence APD has gathered, including any lapel and dash camera footage, and discussing in detail how the incident escalated to a high octane pursuit through the city that culminated in a fatal officer-involved shooting,” said APD Forward Spokesperson Natalie Nicotine with the Native American Voters Alliance.
The incident involved a vehicular pursuit across town and ended with an APD officer firing multiple shots in a crowded Smith’s grocery store parking lot in SE Albuquerque, fatally injuring Rivera just feet away from nearby families with children. This fatal officer involved shooting was committed under the use of force policy written by the previous administration, which has been criticized by the court-appointed monitor overseeing the reform process.
“This most recent fatal shooting comes at a critical moment in the reform process,” said APD Forward Spokesperson Alice Liu McCoy, Staff Attorney for Disability Rights New Mexico. “The city is in the middle of reviewing and rewriting their use of force policy, and this incident shows just how important it is that the new policy emphasizes de-escalation and unambiguously mandates using the minimal necessary level of force.”
Officers working in the field have told APD Forward that the current policy is confusing and difficult to implement. The fatal shooting of Richard Rivera was conducted under the requirements of the current policy, which APD Forward has criticized as unnecessarily complicated and ineffective.
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APD Forward is a community coalition led by concerned Albuquerque citizens and organizations who want to see the Albuquerque Police Department become the responsible, community-friendly police department we know it can be. We are a powerful advocacy, outreach, and education platform for Albuquerque communities to press for the sensible reforms that we need to restore trust in the police department.
www.apdforward.org
APD Forward Reacts to Selection of Mike Geier as Chief of Albuquerque Police Department
Coalition intends to hold all parties accountable to DOJ consent decree
FOR IMMEDIATE RELEASE
June 13, 2018
CONTACT: Micah McCoy, (505) 266-5915 x1003 or [email protected]
ALBUQUERQUE, NM--Today, the City of Albuquerque announced that it had selected Mike Geier as Chief of the Albuquerque Police Department. Chief Geier was selected after serving as interim Chief of Police since December 2017. According to the City, Geier was selected from a pool of 30 applicants from across the country. APD Forward advocated for the City to conduct a thorough, deliberate national search and to hire a Chief committed to the reforms outlined in the Department of Justice consent decree.
“Selecting a new police chief is one of the most important decisions this administration will make, and this process was not what we expected. We are ready to work with Chief Geier, however, in his new position as Chief of the Albuquerque Police Department,” said APD Forward spokesperson Nancy Koenigsberg, Senior Attorney with Disability Rights New Mexico. “Chief Geier has publicly committed to complying with the reforms outlined in the Department of Justice consent decree, and we intend to hold APD and all of the parties accountable to the reform process. We call on Chief Geier to implement critical cultural change, including addressing biased policing, promoting transparency, embracing civilian oversight, and creating a culture of accountability.”
APD Forward is a coalition of 18 community groups and family members of police shooting victims that is committed to holding the City and APD leadership accountable to the DOJ mandated reforms. To guide the new mayor in selecting a capable chief, APD Forward consulted experts from around the country about the most important qualifications for a police chief who is charged with reforming use of force practices in his or her department. The criteria fall generally into four categories:
- Commitment to Department of Justice Reforms
- Transparency and Accountability
- 21st Century Policing Tactics and Policies
- Addressing Biased Policing
To learn more, and to read the entire list of APD Forward Police Chief Criteria, please visit the APD Forward website at: www.apdforward.org/resources.
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APD Forward Echoes Judge Brack’s Call to Hit “Reset Button” on Reform
Coalition Calls on New Mayor to Take Charge of the Reform Process
FOR IMMEDIATE RELEASE
November 17, 2017
CONTACT: Micah McCoy, (505) 266-5915 x1003 or [email protected]
ALBUQUERQUE, NM—APD Forward, a coalition of community organizations and individuals seeking to reform the Albuquerque Police Department, praised Judge Robert Brack for denying a frivolous motion filed by the City of Albuquerque designed to undermine the reform process. On the day before the Monitoring Team released its most recent audit of APD’s progress, the City of Albuquerque and APD filed a motion with the court accusing the Independent Monitor of bias against the police department and asking for an evidentiary hearing. The motion included an edited secret video made of the Monitor by Assistant Police Chief Robert Huntsman in 2016 using his department-issued lapel camera.
Yesterday, the Court addressed the City’s motion and issued a strongly-worded Order denying the City’s request. In the process of criticizing City Attorney Jessica Hernandez and Assistant Chief Huntsman for filing the baseless motion, Judge Brack stated that he was “tired of the toxicity” and that it was time to “hit the reset button.” APD Forward firmly believes that this crisis in leadership – both inside the Albuquerque mayor’s office and at APD – has slowed down the reform process almost to a stand-still.
“We’re relieved that Judge Brack saw through the City’s thinly veiled attempts to undermine the Monitor in the wake of his highly critical assessment of their progress,” said APD Forward Spokesperson Nancy Koenigsberg, senior attorney at Disability Rights New Mexico. “We agree with him that the City’s motion, filed just one day before the Monitor’s report was released, was nothing more than a transparent political ploy.”
During yesterday’s public hearing, APD Forward also unveiled a unique data project that weights the requirements of the Settlement Agreement based on their importance. By using the Monitor’s compliance scores from the Sixth Report, APD Forward developed its own assessment of APD’s progress on the elements of reform that matter the most to the coalition. The results are striking and confirm the Monitor’s findings that “the easy work is done” and “the most difficult work remains.”
“Our own internal assessment of APD’s progress shows that the most important work of reform lies ahead,” said APD Forward Spokesperson Natalie Nicotine with the Native American Voters Alliance. “We are calling on Mayor-elect Tim Keller to take charge of the reform process and to show that he will own the police department reforms. We look forward to working with the new administration to make this a reality.”
More information about APD Forward’s data project can be found at www.apdforward.org in the “resources” section of the website.
APD Forward Strongly Criticizes APD Website for Clouding the Facts Around Police Reform
APD Forward Strongly Criticizes APD Website for Clouding the Facts Around Police Reform
FOR IMMEDIATE RELEASE
October 27, 2017
CONTACT: Micah McCoy, (505) 266-5915 x1003 or [email protected]
ALBUQUERQUE, NM—APD Forward, a coalition of community organizations and individuals seeking to reform the Albuquerque Police Department, expresses deep disappointment that the Albuquerque Police Department has launched a new website designed to distort the department’s record on reform. The website was launched just one week before the federal team charged with monitoring APD’s reform efforts is set to release its sixth progress report. APD Forward has numerous concerns with the new website, www.apdreform.com, but chief among them is that the site provides new evidence that APD leadership is continuing its efforts to undermine the federal monitoring team’s authority to track and ensure reform.
“Back in April, right before the release of the Monitoring Team’s fifth report, APD did a series of presentations around the city aimed at praising itself for all the progress it had made,” said APD Forward spokesperson Adriann Barboa, Field Director for Strong Families New Mexico. “A few weeks later, the monitor’s report was released detailing the ways in which APD leadership was deliberately obstructing important aspects of the reform process. Now here we are, a week before the release of the monitor’s sixth report, and APD is pulling a variation on the same trick with this new website.”
APD Forward believes APD launched the new website to both confuse the public about the department’s reform efforts and to avoid tough questions from the media. To take just one example, a large banner on the website’s homepage praises the department for being in “93 percent primary compliance” with the settlement agreement. This is true, but by refusing to provide any context this assertion makes it seem as if APD is almost done with the reform process. As the five previous federal monitoring reports make starkly clear, this is very far from the truth. As the monitoring team has documented in their fifth report, APD is only in 47 percent operational compliance with the settlement agreement. This is the most relevant measure of compliance, and the most difficult work still lies ahead.
“The website claims to be ‘an outreach program designed to educate the public about changes taking place within the police department that may be overlooked by traditional media,’” said APD Forward spokesperson Natalie Nicotine with the Native American Voters Alliance. “In fact, www.apdreform.com is clearly a tool aimed at misleading the public while undermining the federal monitoring team’s efforts to press the department to implement these crucial reforms.”
Just a few short months ago, APD Forward met with leadership from APD and the City of Albuquerque to express concerns about the police department’s misuse of social media. It was APD Forward’s position then, and it is APD Forward’s position now, that APD is intentionally using the online media platforms that it controls to avoid tough questions, and, ultimately, to avoid accountability for failing to make adequate progress on reform.
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APD Forward Questions Motivation and Timing of Audit
FOR IMMEDIATE RELEASE
October 25, 2017
CONTACT: Micah McCoy, (505) 266-5915 x1003 or [email protected]
ALBUQUERQUE, N.M. — Earlier this week, three Albuquerque City Councilors called on the city auditor to review the performance of Dr. James Ginger and his company Public Management Resources. The process and the timing of the councilors’ request raises concerns for APD Forward (www.apdforward.org), a coalition whose purpose is to advocate for reforms of the Albuquerque Police Department.
“APD Forward has reviewed the Monitor’s contract and the court order approving the contract and we are concerned that the allegations from the City Councilors seem to be questionable at best,” said APD Forward spokesperson Nancy Koenigsberg, senior attorney at Disability Rights New Mexico. “Further, the court order delineates the process the city is required to follow if they believe there is an issue with how the monitor is carrying out his obligations. That is the proper way to raise these questions. Coming just weeks before a new administration takes office, it appears that this is an attempt by the City to smear the monitor’s reputation. We believe it would be far more productive if the City Council, along with the new administration, work collaboratively with the monitor to embrace the reform process agreed to three years ago.”
Dr. Ginger is the court-appointed Independent Monitor in the police reform agreement between the U.S. Department of Justice (DOJ) and the City of Albuquerque. The DOJ entered into the Court Approved Settlement Agreement (CASA) after a DOJ investigation found a pattern and practice of excessive use of deadly force, as well as a “culture of aggression” within the Albuquerque Police Department.
In his capacity as Independent Monitor, Dr. Ginger and his team answer solely to the federal court, although his contract is paid for by the City of Albuquerque as part of the CASA. Any challenge to the Monitor’s performance should be addressed by the federal court overseeing the process. APD Forward believes the reforms outlined in the CASA are critical to the well-being of Albuquerque and APD, and the independence of the monitor is paramount to the police reform process.
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APD Forward Reacts to Decision to Not Pursue Federal Charges in the Death of James Boyd
FOR IMMEDIATE RELEASE July 18, 2017
CONTACT: Micah McCoy, (505) 266-5915 x1003 or [email protected] |
ALBUQUERQUE, NM--Today the APD Forward coalition expressed disappointment but not surprise at the announcement of the U.S. Department of Justice that it would not pursue federal criminal civil rights charges against Albuquerque Police Department (APD) officers involved in the fatal shooting of James Boyd. The coalition vowed to redouble its efforts to transform what the Department of Justice has called a “culture of aggression” within APD that makes this kind unjustified shooting more likely to occur.
“This reflects the limitations of legal action and the fragmentation of a criminal justice system that tilts routinely toward punitive responses to people without homes, those struggling with mental illness and people of color,” said APD Forward spokeperson Jenny Metzler, Executive Director of Albuquerque Health Care for the Homeless. “At the same time, law enforcement officers commit questionable acts of violence without real fear of being held accountable.”
Although APD Forward understands the legal reasoning behind the Department of Justice’s decision to not pursue charges, it is concerned that existing legal frameworks at the federal, state and local level make it nearly impossible to hold police officers accountable for excessive use of force. The coalition would like to see systems in place within APD to prevent unnecessary deaths at the hands of police from occurring in the first place.
“It's disappointing that there is still no justice for James Boyd, nonetheless our communities in Albuquerque must continue driving APD toward reform,” said APD Forward spokesperson, Natalie Nicotine with the Native American Voters Alliance. “Existing laws and policies clearly are not structured in a way that protects and serves our city’s most vulnerable populations. We need to demand more meaningful systems of accountability in our police department so there won't be any more senseless tragedies like this in the future.”
For more information about APD Forward, go to www.apdforward.org. ### |