By Maggie Shepard, Albuquerque Tribune
An Albuquerque police SWAT officer faces discipline for falsifying arrest documents, but has been exonerated on other charges leveled in a complaint last year.
The complaint filed with the Independent Review Office stemmed from a man's arrest in October on charges of littering and disobeying a police officer. It alleged that Officer Eric Brown made up a reason to justify the arrest.
Jay Rowland, the city's recently retired Independent Review Officer, investigated the complaint and sided with the civilian, but Police Chief Ray Schultz disagreed.
The differing views could have been brought before the volunteer Police Oversight Commission at its televised meeting Thursday night, but a last-minute deal between the Albuquerque Police Department and the review office kept the issue out of public view.
The deal concedes that Brown did falsify the documents, but not intentionally, said APD Internal Affairs Lt. Paul Feist.
It also concedes that the department's disciplinary plan for him is sufficient, said IRO investigator Trey Flynt.
Word of the agreement spread quickly through the audience, which was packed with Albuquerque police officers, including several of Brown's superiors.
Lt. Bob Huntsman, Brown's SWAT commander, said the two dozen SWAT team and bomb squad members came to the meeting to support their fellow officer.
Huntsman said he felt satisfied with the agreement, which has yet to be finalized by Schultz and must still go before the commission for final approval at its June meeting.
The police report of the incident says Brown found an American Indian man and his family parked in a handicap spot at a Wal-Mart.
Brown says in his report that "they obviously did not have any physical impairments."
He wrote that after he confronted the family, members yelled at him, accused him of racially profiling them and then one of the vehicle occupants tossed his gum on the ground. He only picked it up after several commands to do so, Brown wrote.
The report also says that when Brown suspected the man of being intoxicated, the man became belligerent and would not provide identification.
The woman in the car filed the complaint. It says the family showed Brown a handicap sticker for their son's illness, but that Brown continued to harass them using curse words to the point their children began to cry and bystanders began to ask if they were OK.
Feist and Flynt, representing the police and the IRO, respectively, agreed that Brown broke several rules in addition to falsifying documents, but was exonerated of other allegations in the complaint.
Discipline matters, including officers' names, are generally not made public by the Police Department; the oversight commission does not reveal officers' names.
Brown's name was found in several court and police documents related to the case.
In other news from the meeting:
The political stalemate between the City Council and Mayor Martin Chavez that has kept one commission seat vacant continued.
For at least the 12th time, commissioners heard the mayor's staff say he has submitted a candidate to represent Councilor Brad Winter's district on the commission and is waiting for the council to vote on it.
For at least the 12th time, commissioners heard City Council staff say the council rejected the mayor's candidate. The council maintains that the mayor must select one of Winter's two proposed candidates, and forward one for approval.
Chavez says the city charter allows him to pick whomever he wants, and this time it wasn't one from Winter - a political rival.
Newly selected Independent Review Officer William Deaton, up for confirmation at the next City Council meeting, did not attend.
Nor did his predecessor, Jay Rowland, who retired in April.
The commission gave Schultz its support in light of a recent police union action that may result in giving the chief a vote of no confidence.
Some union members started the process to denounce the chief in an April meeting. The final vote comes in about three weeks.
Showing posts with label IRO Jay Rowland. Show all posts
Showing posts with label IRO Jay Rowland. Show all posts
Friday, May 11, 2007
Saturday, May 5, 2007
New IRO will take charge in June: William Deaton says job is about `finding facts'
By Maggie Shepard, Albuquerque Tribune
One Albuquerque police officer admits but defends punching a handcuffed Downtown reveler in the mouth, busting her lip and breaking her tooth.
Dueling polygraph results support both a citizen who says an officer maced a homeless man for no reason and the officer who said he never maced anyone.
And the family of a handicapped boy says a police officer lied in paperwork to justify harassing them in a Wal-Mart parking lot.
The three cases pending before the Police Oversight Commission illustrate some of the difficult questions facing newly selected Independent Review Officer William Deaton as he prepares to take his post.
Deaton, set to become chief investigator into police misconduct complaints, has yet to be confirmed by the City Council.
Upon confirmation, he plans to start June 1.
He said he might not make the commission's Thursday meeting, where the cases will be discussed, but they likely will still require attention when he takes control of the office in June.
In addition to overseeing investigations into such cases, Deaton, an active 77-year-old, may also have to battle concerns that he is too closely tied to the police union.
The union did not support Deaton's predecessor, Jay Rowland, whom members felt was too tough on officers and overstepped his bounds by suggesting policy changes.
Rowland was informed in December that Mayor Martin Chavez would not renew his contract.
But with support from the citizen Police Oversight Commission and Albuquerque Police Chief Ray Schultz, Rowland put his name in for the job anyway.
The job was advertised for only one week, and only locally - not at the National Association for Civilian Oversight of Law Enforcement, as Rowland suggested it should.
Among a handful of applications, Rowland, Deaton and Bruce Thompson rose to the top.
However, Rowland resigned his post last week and withdrew his name from the applicant pool, saying he wants to move to New York and focus on his family.
Thompson, an attorney and land-use policy analyst for the city, also withdrew his name in April.
Deaton, a long-time federal magistrate judge with a dynamic military history, said he put his name in the running after a police union attorney approached him about the job.
Despite the union's solicitation, Deaton said his investigations and rulings won't be biased toward the police officers.
"I can't say I don't have any biases. If I didn't, I'd be dead," he said Wednesday, speaking by cordless telephone from his roof, where he was doing maintenance.
"It's about finding facts. That is what I did at the state bench and the federal job, so I have the fact-finding-type experience."
Aware of the union's involvement in Deaton's application, commission Chairman Steve Smothermon said he is willing to give Deaton the benefit of the doubt, but said the commission will be watching for bias.
"We're going to take a more involved role in this, and the IRO works for us; we don't work for him," Smothermon said. "If we don't like the findings, we'll do what we'll need to do."
Here's how the process works:
• The IRO leads a team of investigators that digs into citizen complaints of police misconduct. The IRO judges whether investigators turned up enough evidence to prove or disprove an officer misbehaved. If there isn't enough evidence to prove it either way, the complaint is put into limbo - not sustained, but not proven false.
• While the team works on the case, police investigators do the same.
• Results of both investigations are brought to the Police Oversight Commission.
• Commissioners, chosen by city councilors and then appointed by the mayor, scrutinize the investigations.
• If the two teams disagree on what the evidence proves or a citizen pursues a complaint when the teams say it can't be proved - and both happen a few times a month - the commission must rule on who's right.
• Unsatisfied citizens have two chances to appeal their cases, first to the commission, then to the city's chief administrative officer.
In the complaint about the homeless man, investigators and commissioners sided with Scott Cameron, the citizen who witnessed the incident. Albuquerque Police Chief Ray Schultz wants to appeal the decision, though the policy only allows citizens to do so.
The Downtown reveler, a 22-year-old woman, complained that APD Officer Debbie Heshley punched her in the mouth while she was handcuffed.
Though Rowland ruled in favor of the woman, the commission initially sided with the chief that there wasn't enough evidence to prove the assault occurred. The woman appealed the commission ruling and was allowed to give a statement in person. She was so persuasive that the commission, for the first time ever, changed its mind entirely and ruled in her favor.
The case is pending until Schultz, too, changes his mind and decides to discipline the officer. If he doesn't, the woman can appeal.
The Wal-Mart case is also waiting on administrative steps. It will be heard by the commission Thursday.
One Albuquerque police officer admits but defends punching a handcuffed Downtown reveler in the mouth, busting her lip and breaking her tooth.
Dueling polygraph results support both a citizen who says an officer maced a homeless man for no reason and the officer who said he never maced anyone.
And the family of a handicapped boy says a police officer lied in paperwork to justify harassing them in a Wal-Mart parking lot.
The three cases pending before the Police Oversight Commission illustrate some of the difficult questions facing newly selected Independent Review Officer William Deaton as he prepares to take his post.
Deaton, set to become chief investigator into police misconduct complaints, has yet to be confirmed by the City Council.
Upon confirmation, he plans to start June 1.
He said he might not make the commission's Thursday meeting, where the cases will be discussed, but they likely will still require attention when he takes control of the office in June.
In addition to overseeing investigations into such cases, Deaton, an active 77-year-old, may also have to battle concerns that he is too closely tied to the police union.
The union did not support Deaton's predecessor, Jay Rowland, whom members felt was too tough on officers and overstepped his bounds by suggesting policy changes.
Rowland was informed in December that Mayor Martin Chavez would not renew his contract.
But with support from the citizen Police Oversight Commission and Albuquerque Police Chief Ray Schultz, Rowland put his name in for the job anyway.
The job was advertised for only one week, and only locally - not at the National Association for Civilian Oversight of Law Enforcement, as Rowland suggested it should.
Among a handful of applications, Rowland, Deaton and Bruce Thompson rose to the top.
However, Rowland resigned his post last week and withdrew his name from the applicant pool, saying he wants to move to New York and focus on his family.
Thompson, an attorney and land-use policy analyst for the city, also withdrew his name in April.
Deaton, a long-time federal magistrate judge with a dynamic military history, said he put his name in the running after a police union attorney approached him about the job.
Despite the union's solicitation, Deaton said his investigations and rulings won't be biased toward the police officers.
"I can't say I don't have any biases. If I didn't, I'd be dead," he said Wednesday, speaking by cordless telephone from his roof, where he was doing maintenance.
"It's about finding facts. That is what I did at the state bench and the federal job, so I have the fact-finding-type experience."
Aware of the union's involvement in Deaton's application, commission Chairman Steve Smothermon said he is willing to give Deaton the benefit of the doubt, but said the commission will be watching for bias.
"We're going to take a more involved role in this, and the IRO works for us; we don't work for him," Smothermon said. "If we don't like the findings, we'll do what we'll need to do."
Here's how the process works:
• The IRO leads a team of investigators that digs into citizen complaints of police misconduct. The IRO judges whether investigators turned up enough evidence to prove or disprove an officer misbehaved. If there isn't enough evidence to prove it either way, the complaint is put into limbo - not sustained, but not proven false.
• While the team works on the case, police investigators do the same.
• Results of both investigations are brought to the Police Oversight Commission.
• Commissioners, chosen by city councilors and then appointed by the mayor, scrutinize the investigations.
• If the two teams disagree on what the evidence proves or a citizen pursues a complaint when the teams say it can't be proved - and both happen a few times a month - the commission must rule on who's right.
• Unsatisfied citizens have two chances to appeal their cases, first to the commission, then to the city's chief administrative officer.
In the complaint about the homeless man, investigators and commissioners sided with Scott Cameron, the citizen who witnessed the incident. Albuquerque Police Chief Ray Schultz wants to appeal the decision, though the policy only allows citizens to do so.
The Downtown reveler, a 22-year-old woman, complained that APD Officer Debbie Heshley punched her in the mouth while she was handcuffed.
Though Rowland ruled in favor of the woman, the commission initially sided with the chief that there wasn't enough evidence to prove the assault occurred. The woman appealed the commission ruling and was allowed to give a statement in person. She was so persuasive that the commission, for the first time ever, changed its mind entirely and ruled in her favor.
The case is pending until Schultz, too, changes his mind and decides to discipline the officer. If he doesn't, the woman can appeal.
The Wal-Mart case is also waiting on administrative steps. It will be heard by the commission Thursday.
Tuesday, December 19, 2006
Police Watchdog Leaving Position
Tuesday, December 19, 2006
Journal Staff Report
Albuquerque's top police watchdog will soon be out of a job.
Jay Rowland, 60, a retired Air Force colonel who has headed the city's Independent Review Office for the past four years, learned Monday his expired contract with City Hall isn't being renewed, he said.
As the review officer, Rowland receives complaints from citizens about possible Albuquerque police misconduct. He can also make policy recommendations to the mayor, police chief and other city officials.
Rowland said he plans to continue with the job until a successor is hired, as is called for under his contract.
Mayor Martin Chávez commended Rowland for his job performance. "I think he's had a good run in there," Chavez said late Monday. The mayor also said a change would be healthy for the office.
Rowland's tenure included the 2005 investigation into problems within the police evidence room. A 1,000-page report that Rowland signed found that former Chief Gilbert Gallegos didn't follow basic procedures.
Through the end of October, Rowland's office had received 248 complaints alleging misconduct by police officers or police department employees. Of those, 206 had been investigated and 42 were pending, according to the most recent documents available.
Citizen complaints about misconduct have increased in recent years, according to city statistics. In 2003, there were 220 complaints of misconduct; in 2005, the figure climbed to 351.
Chavez said he expects the search for a successor could take a couple of months. A finalist selected by Chavez will go before the City Council for approval.
Journal Staff Report
Albuquerque's top police watchdog will soon be out of a job.
Jay Rowland, 60, a retired Air Force colonel who has headed the city's Independent Review Office for the past four years, learned Monday his expired contract with City Hall isn't being renewed, he said.
As the review officer, Rowland receives complaints from citizens about possible Albuquerque police misconduct. He can also make policy recommendations to the mayor, police chief and other city officials.
Rowland said he plans to continue with the job until a successor is hired, as is called for under his contract.
Mayor Martin Chávez commended Rowland for his job performance. "I think he's had a good run in there," Chavez said late Monday. The mayor also said a change would be healthy for the office.
Rowland's tenure included the 2005 investigation into problems within the police evidence room. A 1,000-page report that Rowland signed found that former Chief Gilbert Gallegos didn't follow basic procedures.
Through the end of October, Rowland's office had received 248 complaints alleging misconduct by police officers or police department employees. Of those, 206 had been investigated and 42 were pending, according to the most recent documents available.
Citizen complaints about misconduct have increased in recent years, according to city statistics. In 2003, there were 220 complaints of misconduct; in 2005, the figure climbed to 351.
Chavez said he expects the search for a successor could take a couple of months. A finalist selected by Chavez will go before the City Council for approval.
Tuesday, October 25, 2005
ABQ Journal: City Must Find Funds for Police Oversight
A city with a $450 million general fund budget ought to be able to scrape together $140,000 to hire two more investigators to probe citizen complaints against police.
The number of complaints filed with the city's Police Oversight Commission against city police officers has grown steadily since its inception in 1999. Last year, the agency investigated 307 cases.
Independent Review Officer Jay Rowland says his two investigators handled 271 cases in the first nine months of this year, and he expects they will handle up to 350 before the year ends.
Cases Rowland's investigators can't get to— and that has grown to more than 50 percent of the complaints— are handled by the Albuquerque Police Department's Internal Affairs office.
That's not the type of independent investigation citizens want. Indeed, Rowland cites a drop in "customer satisfaction" of citizens filing complaints.
The mayor and City Council should re-examine priorities and find $140,000 to reinforce Rowland's team.
The number of complaints filed with the city's Police Oversight Commission against city police officers has grown steadily since its inception in 1999. Last year, the agency investigated 307 cases.
Independent Review Officer Jay Rowland says his two investigators handled 271 cases in the first nine months of this year, and he expects they will handle up to 350 before the year ends.
Cases Rowland's investigators can't get to— and that has grown to more than 50 percent of the complaints— are handled by the Albuquerque Police Department's Internal Affairs office.
That's not the type of independent investigation citizens want. Indeed, Rowland cites a drop in "customer satisfaction" of citizens filing complaints.
The mayor and City Council should re-examine priorities and find $140,000 to reinforce Rowland's team.
Saturday, October 22, 2005
Investigators Can't Handle Caseload
By Jeff Proctor, Journal Staff Writer
Independent Review Officer Jay Rowland's staff of investigators is stretched to the extreme with citizen complaints against police, which have increased more than 70 percent in less than a decade.
The two investigators he has, Rowland says, simply aren't enough to handle the caseload.
With Rowland handling administrative duties for the office and reviewing complaints, two investigators have had to look into 271 citizen complaints during the first nine months of this year.
Rowland says he expects last year's record total of 307 complaints to be eclipsed by as many as 50 in 2005. And fewer than 50 percent of those are being handled by the IRO staff— an all-time low. APD'S Internal Affairs division investigates the remainder.
"The fewer cases investigated by my staff has an adverse effect on the entire system," Rowland said in an interview. "The system was put in place to have independent investigations of citizen complaints, not for me to review Internal Affairs investigations.
"It comes down to what percentage of cases do the mayor and City Council want us to investigate. That percentage is getting smaller and smaller."
He's been asking the city for an additional investigator for three years.
Now, the office will ask for two, Police Oversight Commission Chairman Chairman Michael Cook wrote in an Aug. 4 letter to Mayor Martin Chávez.
To make the request official, Rowland sent a letter dated Oct. 14 to Gail Reese, the city's chief financial officer.
Reese in an interview acknowledged that the IRO's workload has exploded— from 196 cases in 1999 to the expected 350 this year— and more investigators are needed.
She said two new investigators would cost about $140,000.
"I'll have to find a place to fund that if (Rowland) wants it done by July 1," when the new fiscal year begins, Reese said.
In his letter, Rowland detailed another reason he needs help.
He cited a drop in customer satisfaction from citizen complainants since his staff has gotten overwhelmed with the caseload increase.
Independent Review Officer Jay Rowland's staff of investigators is stretched to the extreme with citizen complaints against police, which have increased more than 70 percent in less than a decade.
The two investigators he has, Rowland says, simply aren't enough to handle the caseload.
With Rowland handling administrative duties for the office and reviewing complaints, two investigators have had to look into 271 citizen complaints during the first nine months of this year.
Rowland says he expects last year's record total of 307 complaints to be eclipsed by as many as 50 in 2005. And fewer than 50 percent of those are being handled by the IRO staff— an all-time low. APD'S Internal Affairs division investigates the remainder.
"The fewer cases investigated by my staff has an adverse effect on the entire system," Rowland said in an interview. "The system was put in place to have independent investigations of citizen complaints, not for me to review Internal Affairs investigations.
"It comes down to what percentage of cases do the mayor and City Council want us to investigate. That percentage is getting smaller and smaller."
He's been asking the city for an additional investigator for three years.
Now, the office will ask for two, Police Oversight Commission Chairman Chairman Michael Cook wrote in an Aug. 4 letter to Mayor Martin Chávez.
To make the request official, Rowland sent a letter dated Oct. 14 to Gail Reese, the city's chief financial officer.
Reese in an interview acknowledged that the IRO's workload has exploded— from 196 cases in 1999 to the expected 350 this year— and more investigators are needed.
She said two new investigators would cost about $140,000.
"I'll have to find a place to fund that if (Rowland) wants it done by July 1," when the new fiscal year begins, Reese said.
In his letter, Rowland detailed another reason he needs help.
He cited a drop in customer satisfaction from citizen complainants since his staff has gotten overwhelmed with the caseload increase.
Wednesday, September 14, 2005
Tic Tacs Apology Offered
By Andrea Schoellkopf, Journal Staff Writer
An off-duty police officer was reprimanded for not following procedure when he searched a middle school student accused of having drugs on the bus.
It turned out that the student only had a box of Tic Tacs.
The family of Scott Mills, now a Taylor Middle School eighth-grader, also has received a written apology from Albuquerque Police Chief Raymond Schultz after an investigation by the city's Independent Review Office.
"A preponderance of the evidence convinces that the off-duty officer should have called dispatch and either requested an on-duty officer to handle this issue or informed an on-duty officer what he was doing," independent review officer Jay Rowland said in the Sept. 8 letter to Joan Waters, an attorney for the Mills family.
Scott Mills had been ordered off a school bus and searched by an off-duty, out-of-uniform police officer, Rudy Llamas, after another student accused him of having drugs, though he had been sharing candy with friends.
His parents filed a lawsuit after failed attempts to learn the identity of the officer and the circumstances surrounding the search. The lawsuit alleged unreasonable search and seizure, excessive force, negligent hiring and supervision, negligence and defamation.
The Mills family announced last week that they planned to drop their lawsuit after the city began cooperating with them. They had reached a settlement with the bus company, Durham D&M, earlier this summer.
Waters said Monday while the police investigation supports the family's claim, they have no wish to pursue litigation and she doesn't believe Scott's constitutional rights were violated.
"The system works," Waters said. "And as an attorney, I'm pretty jaded. I had heard good things about the police chief and they're all true."
Arlette Mills said Tuesday she was "elated" to receive the letters from the city— which had both been written and mailed prior to the family dropping the lawsuit.
"I am glad that somebody got it," Mills said, "and they're going to fix it so it doesn't happen to the next person.
"I basically got an apology, I never thought I would get."
Schultz had written a letter Sept. 7 to the Mills family, indicating the officer had been disciplined in the matter and it would be noted in his permanent record.
"I would like to thank you for bringing this matter to our attention," Schultz wrote. "It is unfortunate that you had an unfavorable experience with a member of the Albuquerque Police Department; however, I would hope that this one incident does not taint your total impression of the department."
Rowland's letter said the investigation was made based on the complaint and an interview by the officer.
"In my opinion, there was no probable cause for a search for drugs, even a minor stop and frisk for drugs," Rowland said. "But I do not believe the officer should be disciplined under these circumstances for an illegal search."
Such a search, he said, would be acceptable on school grounds where the rules are "quite relaxed" on searches of children.
But he recommended that the police— in the future— require reports of all searches, pat downs or any touching of a minor.
The Mills family also had written the city with a similar request.
Rowland's letter also detailed the circumstances of the search.
According to the letter, Llamas was off-duty but driving a marked car. The bus driver— who had driven toward the police car— motioned for him to help her, telling him that two boys had marijuana.
The officer patted down both boys— found no drugs— and removed a case of Tic Tacs from Scott's pocket when he suspected a possible weapon.
A middle school girl riding the bus told the officer the drugs were in the candy case, but the officer determined there were no drugs.
An off-duty police officer was reprimanded for not following procedure when he searched a middle school student accused of having drugs on the bus.
It turned out that the student only had a box of Tic Tacs.
The family of Scott Mills, now a Taylor Middle School eighth-grader, also has received a written apology from Albuquerque Police Chief Raymond Schultz after an investigation by the city's Independent Review Office.
"A preponderance of the evidence convinces that the off-duty officer should have called dispatch and either requested an on-duty officer to handle this issue or informed an on-duty officer what he was doing," independent review officer Jay Rowland said in the Sept. 8 letter to Joan Waters, an attorney for the Mills family.
Scott Mills had been ordered off a school bus and searched by an off-duty, out-of-uniform police officer, Rudy Llamas, after another student accused him of having drugs, though he had been sharing candy with friends.
His parents filed a lawsuit after failed attempts to learn the identity of the officer and the circumstances surrounding the search. The lawsuit alleged unreasonable search and seizure, excessive force, negligent hiring and supervision, negligence and defamation.
The Mills family announced last week that they planned to drop their lawsuit after the city began cooperating with them. They had reached a settlement with the bus company, Durham D&M, earlier this summer.
Waters said Monday while the police investigation supports the family's claim, they have no wish to pursue litigation and she doesn't believe Scott's constitutional rights were violated.
"The system works," Waters said. "And as an attorney, I'm pretty jaded. I had heard good things about the police chief and they're all true."
Arlette Mills said Tuesday she was "elated" to receive the letters from the city— which had both been written and mailed prior to the family dropping the lawsuit.
"I am glad that somebody got it," Mills said, "and they're going to fix it so it doesn't happen to the next person.
"I basically got an apology, I never thought I would get."
Schultz had written a letter Sept. 7 to the Mills family, indicating the officer had been disciplined in the matter and it would be noted in his permanent record.
"I would like to thank you for bringing this matter to our attention," Schultz wrote. "It is unfortunate that you had an unfavorable experience with a member of the Albuquerque Police Department; however, I would hope that this one incident does not taint your total impression of the department."
Rowland's letter said the investigation was made based on the complaint and an interview by the officer.
"In my opinion, there was no probable cause for a search for drugs, even a minor stop and frisk for drugs," Rowland said. "But I do not believe the officer should be disciplined under these circumstances for an illegal search."
Such a search, he said, would be acceptable on school grounds where the rules are "quite relaxed" on searches of children.
But he recommended that the police— in the future— require reports of all searches, pat downs or any touching of a minor.
The Mills family also had written the city with a similar request.
Rowland's letter also detailed the circumstances of the search.
According to the letter, Llamas was off-duty but driving a marked car. The bus driver— who had driven toward the police car— motioned for him to help her, telling him that two boys had marijuana.
The officer patted down both boys— found no drugs— and removed a case of Tic Tacs from Scott's pocket when he suspected a possible weapon.
A middle school girl riding the bus told the officer the drugs were in the candy case, but the officer determined there were no drugs.
Tuesday, June 21, 2005
APD Top Brass Didn't Help; Evidence Case Reviewer Couldn't Get Interviews
By T.J. Wilham, Journal Staff Writer
Former Albuquerque Police Chief Gilbert Gallegos declined to cooperate with the city's independent investigation into the police department's evidence room.
He wasn't the only one, according to an edited version of a report released Monday. The former civilian director of the unit, a retired detective and two former employees suspected of stealing from the evidence room all refused to give interviews to the city's independent review officer.
The report indicated that lieutenants in charge of the department's internal affairs bureau feared retaliation for investigating the department's top brass, and that the entire department needs sexual harassment training.
Jay Rowland, the independent review officer, was asked in March by Mayor Martin Chávez to conduct an investigation into the evidence room.
The investigation started about the same time Gallegos resigned as chief amid allegations that he allowed the two employees accused of theft to continue to work in the evidence room, thus giving them access to records that might have proven their guilt.
A yearlong investigation into the thefts conducted by the Attorney General's Office concluded that thefts likely occurred but that there wasn't enough evidence to present a case to a grand jury. The report also determined that "poor record keeping, deficient supervision and unrestricted access to all evidence room employees" would hamper any prosecution.
Rowland was assigned the task of investigating allegations that some of Gallegos's deputy chiefs were retaliating against officers who had come forward with accusations.
Two weeks ago a four-page "executive summary" was released to the public, but the 20-page report of Rowland's investigation was withheld until Monday. About 13 pages of that report were deleted from the version that was made public.
City officials said the portions of the report that were withheld involved personnel matters and therefore could not be released.
When asked if Gallegos cooperated, Rowland told the Journal on Monday, "We sent him letters, and he did not call for an interview."
Gallegos has requested that the Journal never contact him for comment.
Ann Talbot, who was the civilian director of the unit, has not returned several phone calls left by the Journal over several weeks.
Talbot left APD in February to take a job as director of the state Department of Public Safety's crime lab.
The report concluded that lieutenants in charge of the department's internal affairs division feared retaliation for doing investigations involving APD's top brass.
Rowland concluded in his report that their fears were justified and recommended that all investigations involving top APD officials be investigated by the city's Police Oversight Commission, the board to which Rowland reports.
"Efforts by captains and below to resolve issues involving captains and above were met by the deputy chiefs having the captains investigated and removed from their command positions or threatened with removal," the report states.
One captain, Ron Paiz, had internal affairs removed from his authority after he opened an "informal, preliminary" investigation into Gallegos and a deputy chief after he heard about allegations at a union meeting.
"When (Gallegos) learned of this, he terminated the captain's efforts, relieved the captain of his duties over internal affairs and opened an investigation into the captain," the report states.
According to the report, several witnesses interviewed by Rowland's staff raised "sexual and gender issues, including inappropriate emails by senior officers, sexual discrimination in recruiting and assignments and inappropriate relationships."
Some senior officers were accused of having "inappropriate relationships," but Rowland's staff determined they had "no basis in fact" and "we made no findings in these."
When asked about the specific allegations of sexual harassment, Rowland said, "I thought that there was enough there that they should have some type of sexual harassment training."
Former Albuquerque Police Chief Gilbert Gallegos declined to cooperate with the city's independent investigation into the police department's evidence room.
He wasn't the only one, according to an edited version of a report released Monday. The former civilian director of the unit, a retired detective and two former employees suspected of stealing from the evidence room all refused to give interviews to the city's independent review officer.
The report indicated that lieutenants in charge of the department's internal affairs bureau feared retaliation for investigating the department's top brass, and that the entire department needs sexual harassment training.
Jay Rowland, the independent review officer, was asked in March by Mayor Martin Chávez to conduct an investigation into the evidence room.
The investigation started about the same time Gallegos resigned as chief amid allegations that he allowed the two employees accused of theft to continue to work in the evidence room, thus giving them access to records that might have proven their guilt.
A yearlong investigation into the thefts conducted by the Attorney General's Office concluded that thefts likely occurred but that there wasn't enough evidence to present a case to a grand jury. The report also determined that "poor record keeping, deficient supervision and unrestricted access to all evidence room employees" would hamper any prosecution.
Rowland was assigned the task of investigating allegations that some of Gallegos's deputy chiefs were retaliating against officers who had come forward with accusations.
Two weeks ago a four-page "executive summary" was released to the public, but the 20-page report of Rowland's investigation was withheld until Monday. About 13 pages of that report were deleted from the version that was made public.
City officials said the portions of the report that were withheld involved personnel matters and therefore could not be released.
When asked if Gallegos cooperated, Rowland told the Journal on Monday, "We sent him letters, and he did not call for an interview."
Gallegos has requested that the Journal never contact him for comment.
Ann Talbot, who was the civilian director of the unit, has not returned several phone calls left by the Journal over several weeks.
Talbot left APD in February to take a job as director of the state Department of Public Safety's crime lab.
The report concluded that lieutenants in charge of the department's internal affairs division feared retaliation for doing investigations involving APD's top brass.
Rowland concluded in his report that their fears were justified and recommended that all investigations involving top APD officials be investigated by the city's Police Oversight Commission, the board to which Rowland reports.
"Efforts by captains and below to resolve issues involving captains and above were met by the deputy chiefs having the captains investigated and removed from their command positions or threatened with removal," the report states.
One captain, Ron Paiz, had internal affairs removed from his authority after he opened an "informal, preliminary" investigation into Gallegos and a deputy chief after he heard about allegations at a union meeting.
"When (Gallegos) learned of this, he terminated the captain's efforts, relieved the captain of his duties over internal affairs and opened an investigation into the captain," the report states.
According to the report, several witnesses interviewed by Rowland's staff raised "sexual and gender issues, including inappropriate emails by senior officers, sexual discrimination in recruiting and assignments and inappropriate relationships."
Some senior officers were accused of having "inappropriate relationships," but Rowland's staff determined they had "no basis in fact" and "we made no findings in these."
When asked about the specific allegations of sexual harassment, Rowland said, "I thought that there was enough there that they should have some type of sexual harassment training."
Tuesday, June 7, 2005
Review Faults Ex-APD Chief; Evidence Room Management Failed
Tuesday, June 7, 2005
Summary of report
By Dan McKay, Journal Staff Writer
Former Police Chief Gilbert Gallegos violated "basic police procedures" in handling allegations of wrongdoing in the police evidence room, according to a report issued Monday by Albuquerque's top police watchdog.
A summary of the 1,000-page report faults Gallegos for failing to launch an immediate criminal investigation into alleged thefts from the evidence room, despite the recommendation of senior staff.
Investigators, however, found no evidence of a cover-up by senior leadership, according to the report, which was signed by Independent Review Officer Jay Rowland and others.
Rowland investigated allegations of evidence-room misconduct at the request of Mayor Martin Chávez. The new police chief, Ray Schultz, released the report's executive summary late Monday, just hours after receiving it.
"Inadequate supervision over many years created conditions that made theft easy to commit and impossible to prove," the report's summary said.
It is blunt in faulting police leadership for failing to manage the evidence room better, but the report also says it appears Gallegos was misled about the nature of problems in the evidence room.
"We have no evidence that the Chief failed to act from a desire to cover up the thefts," the report said.
Still, he didn't do enough, it said.
"Basic police procedures were ignored and violated by the Chief," the report said.
It criticizes him for not removing "suspected employees" from the evidence room fast enough, a point raised previously by critics.
"During the time these suspected personnel were allowed to remain in their jobs, computer records were altered, evidence logs disappeared, and any chance for identifying those responsible for alleged theft was lost."
Other than Gallegos, the summary released Monday doesn't mention names.
Gallegos has requested that the Journal not contact him for comment, but he previously has maintained that he responded in a timely fashion to the evidence-room allegations. The troubles plaguing the evidence room date back 30 years, he has said, and no chief acted until he took office.
Monday's report touches on that issue.
"While efforts were made and it may even be said more was done under Chief Gallegos' leadership than previous administrations, it was not enough," the report said. "Money handling procedures were inadequate. Documentation was incomplete and inadequate."
The report appears to be good news for Capt. Marie Miranda, a whistle-blower in the case, and Deputy Police Chief Ed Sauer.
Both will return to their jobs after having been placed on administrative leave, Schultz said.
Miranda, a captain in the foothills area, has claimed supervisors retaliated against her for pointing out problems in the evidence room.
The investigation sustained "one procedural violation" against her, Schultz said, without going into detail.
Sauer had been accused of encouraging officers to retaliate against whistle-blowers. He was "cleared of all charges," Schultz said.
The report isn't all bad news. It says, for example, that many in "senior leadership" and "the vast majority of evidence unit personnel gave their best efforts to accomplish their assigned tasks."
The IRO report won't be the final episode in the case. The report says two investigations of officers have been forwarded to the internal-affairs unit.
The summary says the investigation found several violations of standard operating procedure.
It also mentions the case has hurt morale, painting a picture of a "dysfunctional" command.
"Deputy Chiefs supported their friend and leader, the Chief. They called other officers names and did not react to the valid concerns of their subordinates, but attempted to stop those concerns from being raised outside the department. Senior officers did not trust their leaders to do the right thing," it states.
The report makes a host of recommendations, including completing an inventory of all items in the evidence room warehouses and developing a system for disposing of evidence items in accordance with state law.
An inventory is already under way.
The Attorney General's Office announced in April that it wouldn't prosecute anyone in the alleged theft of cash from the Albuquerque police evidence room, partly because critical records were missing.
It found that at least $58,000 in cash was missing, but problems with records made it impossible to determine a total.
Summary of report
By Dan McKay, Journal Staff Writer
Former Police Chief Gilbert Gallegos violated "basic police procedures" in handling allegations of wrongdoing in the police evidence room, according to a report issued Monday by Albuquerque's top police watchdog.
A summary of the 1,000-page report faults Gallegos for failing to launch an immediate criminal investigation into alleged thefts from the evidence room, despite the recommendation of senior staff.
Investigators, however, found no evidence of a cover-up by senior leadership, according to the report, which was signed by Independent Review Officer Jay Rowland and others.
Rowland investigated allegations of evidence-room misconduct at the request of Mayor Martin Chávez. The new police chief, Ray Schultz, released the report's executive summary late Monday, just hours after receiving it.
"Inadequate supervision over many years created conditions that made theft easy to commit and impossible to prove," the report's summary said.
It is blunt in faulting police leadership for failing to manage the evidence room better, but the report also says it appears Gallegos was misled about the nature of problems in the evidence room.
"We have no evidence that the Chief failed to act from a desire to cover up the thefts," the report said.
Still, he didn't do enough, it said.
"Basic police procedures were ignored and violated by the Chief," the report said.
It criticizes him for not removing "suspected employees" from the evidence room fast enough, a point raised previously by critics.
"During the time these suspected personnel were allowed to remain in their jobs, computer records were altered, evidence logs disappeared, and any chance for identifying those responsible for alleged theft was lost."
Other than Gallegos, the summary released Monday doesn't mention names.
Gallegos has requested that the Journal not contact him for comment, but he previously has maintained that he responded in a timely fashion to the evidence-room allegations. The troubles plaguing the evidence room date back 30 years, he has said, and no chief acted until he took office.
Monday's report touches on that issue.
"While efforts were made and it may even be said more was done under Chief Gallegos' leadership than previous administrations, it was not enough," the report said. "Money handling procedures were inadequate. Documentation was incomplete and inadequate."
The report appears to be good news for Capt. Marie Miranda, a whistle-blower in the case, and Deputy Police Chief Ed Sauer.
Both will return to their jobs after having been placed on administrative leave, Schultz said.
Miranda, a captain in the foothills area, has claimed supervisors retaliated against her for pointing out problems in the evidence room.
The investigation sustained "one procedural violation" against her, Schultz said, without going into detail.
Sauer had been accused of encouraging officers to retaliate against whistle-blowers. He was "cleared of all charges," Schultz said.
The report isn't all bad news. It says, for example, that many in "senior leadership" and "the vast majority of evidence unit personnel gave their best efforts to accomplish their assigned tasks."
The IRO report won't be the final episode in the case. The report says two investigations of officers have been forwarded to the internal-affairs unit.
The summary says the investigation found several violations of standard operating procedure.
It also mentions the case has hurt morale, painting a picture of a "dysfunctional" command.
"Deputy Chiefs supported their friend and leader, the Chief. They called other officers names and did not react to the valid concerns of their subordinates, but attempted to stop those concerns from being raised outside the department. Senior officers did not trust their leaders to do the right thing," it states.
The report makes a host of recommendations, including completing an inventory of all items in the evidence room warehouses and developing a system for disposing of evidence items in accordance with state law.
An inventory is already under way.
The Attorney General's Office announced in April that it wouldn't prosecute anyone in the alleged theft of cash from the Albuquerque police evidence room, partly because critical records were missing.
It found that at least $58,000 in cash was missing, but problems with records made it impossible to determine a total.
Wednesday, May 18, 2005
Brutality Claim Filed Against APD
By Megan Feldman, Journal Staff Writer
Albuquerque Police Department's Internal Affairs is investigating allegations that police officers slammed a suspect to the ground and beat him with their fists and flashlights.
Allegations of excessive force were initially reported to Independent Review Officer Jay Rowland on April 11. Rowland is sending all citizen complaints to Internal Affairs while he investigates APD's handling of problems at the evidence room.
Agustin Juarez, who lives next door to the house where Tim Chism, 28, and James Romero, 43, were arrested, filed a witness statement with Rowland on April 11.
Juarez said in an interview with the Journal that he was at home when he heard yelling and loud noises.
He said he went to the window and saw several officers ordering a man to come out and put his hands up.
After the man complied and was handcuffed, the officers threw him to the ground and struck him repeatedly with their fists and flashlights, Juarez said in a statement submitted to Rowland.
The officers were yelling obscenities, the statement said.
Police spokesman John Walsh confirmed last week that Internal Affairs is looking into accusations of excessive force.
"Given the seriousness of the allegations, IA will be investigating," he said. Walsh declined further comment.
According to a Metropolitan Court criminal complaint, Chism and Romero refused to obey officers who responded to a drug traffic call in the 1200 block of Summer NW about 9:30 p.m. on April 10.
When officers entered the home, where Chism said he and his girlfriend were staying, they found drugs, a marijuana pipe and other drug paraphernalia within reach of Chism's child, according to the complaint. The girlfriend was not charged.
The criminal complaint states that Romero tried to flee the scene.
Chism is being held on charges of eluding a police officer, possession of drug paraphernalia and child endangerment.
Albuquerque Police Department's Internal Affairs is investigating allegations that police officers slammed a suspect to the ground and beat him with their fists and flashlights.
Allegations of excessive force were initially reported to Independent Review Officer Jay Rowland on April 11. Rowland is sending all citizen complaints to Internal Affairs while he investigates APD's handling of problems at the evidence room.
Agustin Juarez, who lives next door to the house where Tim Chism, 28, and James Romero, 43, were arrested, filed a witness statement with Rowland on April 11.
Juarez said in an interview with the Journal that he was at home when he heard yelling and loud noises.
He said he went to the window and saw several officers ordering a man to come out and put his hands up.
After the man complied and was handcuffed, the officers threw him to the ground and struck him repeatedly with their fists and flashlights, Juarez said in a statement submitted to Rowland.
The officers were yelling obscenities, the statement said.
Police spokesman John Walsh confirmed last week that Internal Affairs is looking into accusations of excessive force.
"Given the seriousness of the allegations, IA will be investigating," he said. Walsh declined further comment.
According to a Metropolitan Court criminal complaint, Chism and Romero refused to obey officers who responded to a drug traffic call in the 1200 block of Summer NW about 9:30 p.m. on April 10.
When officers entered the home, where Chism said he and his girlfriend were staying, they found drugs, a marijuana pipe and other drug paraphernalia within reach of Chism's child, according to the complaint. The girlfriend was not charged.
The criminal complaint states that Romero tried to flee the scene.
Chism is being held on charges of eluding a police officer, possession of drug paraphernalia and child endangerment.
Thursday, April 28, 2005
APD Handling Citizen Complaints During Evidence Probe
By T.J. Wilham and Megan Feldman, Journal Staff Writers
Because his office is busy looking into the Albuquerque Police Department's evidence room, the city's independent review officer is sending all citizen police complaints to APD's internal affairs investigators.
Before IRO Jay Rowland started his investigation into the evidence room at the end of March, about 60 percent of citizen complaints were investigated by his office. The remaining went to APD.
Which cases Rowland investigated depended on his office's caseload and whether the accusations involved a lieutenant or above.
"I'm still going to review every case to make sure the investigation is thoroughly and impartially done," Rowland said of the complaints reviewed by the APD unit. "If they miss something, I'll return it for further investigation. All of our resources are going to get that thing (evidence report) out as fast as we can."
So far this year, Rowland's office has received 109 complaints. How many of those complaints have been forwarded to the APD unit is not known.
Because APD investigators will be conducting the investigations, it will take longer than before for a citizen complaint to be completed.
Rowland has two investigators who work under him. APD has about six internal affairs investigators, who investigate complaints against officers by citizens and other officers.
Police Chief Ray Schultz said he is in the process of adding temporary investigators to the unit.
"We have handled this amount of cases before and we are going to do it again," he said. "We are going to do our best to complete fair and impartial investigations on all of these cases. That is what (internal affairs) is all about."
On March 23, Mayor Martin Chávez announced Rowland would investigate APD's evidence room. The city has already approved $25,000 for four "all-star" attorneys Rowland has brought on board. Money could increase as the investigation moves forward.
The investigation by Rowland's office is looking into how the department handled allegations that employees were stealing from the evidence room. Although many audits and investigations have been conducted, no probe has looked into APD's handling of its own criminal allegations.
Chief Gilbert Gallegos stepped down last month in the wake of allegations by former and current officers that he moved too slowly in addressing problems at the department's evidence room. The critics complained that he had allowed employees suspected of stealing from the evidence room to continue to work in the unit.
Earlier this week, the Attorney General's Office issued a report that at least $58,000 was stolen from the evidence room but that criminal prosecution was not possible because critical records were missing or had been altered.
Because his office is busy looking into the Albuquerque Police Department's evidence room, the city's independent review officer is sending all citizen police complaints to APD's internal affairs investigators.
Before IRO Jay Rowland started his investigation into the evidence room at the end of March, about 60 percent of citizen complaints were investigated by his office. The remaining went to APD.
Which cases Rowland investigated depended on his office's caseload and whether the accusations involved a lieutenant or above.
"I'm still going to review every case to make sure the investigation is thoroughly and impartially done," Rowland said of the complaints reviewed by the APD unit. "If they miss something, I'll return it for further investigation. All of our resources are going to get that thing (evidence report) out as fast as we can."
So far this year, Rowland's office has received 109 complaints. How many of those complaints have been forwarded to the APD unit is not known.
Because APD investigators will be conducting the investigations, it will take longer than before for a citizen complaint to be completed.
Rowland has two investigators who work under him. APD has about six internal affairs investigators, who investigate complaints against officers by citizens and other officers.
Police Chief Ray Schultz said he is in the process of adding temporary investigators to the unit.
"We have handled this amount of cases before and we are going to do it again," he said. "We are going to do our best to complete fair and impartial investigations on all of these cases. That is what (internal affairs) is all about."
On March 23, Mayor Martin Chávez announced Rowland would investigate APD's evidence room. The city has already approved $25,000 for four "all-star" attorneys Rowland has brought on board. Money could increase as the investigation moves forward.
The investigation by Rowland's office is looking into how the department handled allegations that employees were stealing from the evidence room. Although many audits and investigations have been conducted, no probe has looked into APD's handling of its own criminal allegations.
Chief Gilbert Gallegos stepped down last month in the wake of allegations by former and current officers that he moved too slowly in addressing problems at the department's evidence room. The critics complained that he had allowed employees suspected of stealing from the evidence room to continue to work in the unit.
Earlier this week, the Attorney General's Office issued a report that at least $58,000 was stolen from the evidence room but that criminal prosecution was not possible because critical records were missing or had been altered.
Saturday, March 19, 2005
Independent APD Review Called For
By Jeff Proctor, Journal Staff Writer
The Albuquerque Police Oversight Commission wants all allegations and complaints against senior APD officials— including the evidence room scandal— to be investigated by the city's top police watchdog.
"We believe we are the appropriate agency to investigate any complaints against captains and above," Independent Review Officer Jay Rowland said.
The seven-member citizen commission on Friday sent a letter to APD Chief Gilbert Gallegos, recommending he change the department's standard operating procedures to expand the Independent Review Office's purview.
As it is, the IRO investigates only citizen complaints against officers and police shooting cases, then reports to the commission.
Gallegos said Friday the commission doesn't need to get involved in the matter because the state Attorney General's Office is already investigating the evidence room, and the department is planning to hire an independent firm to conduct an internal investigation.
Last year, an anonymous memo surfaced, alleging that guns, drugs, cash and other evidence had been stolen from the evidence room. Last month, cleanup of a chemical leak in the room caused the destruction of numerous pieces of evidence in more than 200 drug cases.
And APD's own investigation into the evidence room has been criticized from within the department.
"The citizens of Albuquerque need these allegations and any other allegations against the chief or his senior staff to be investigated by an independent investigator that is outside APD and reviewed by the citizen oversight system," the letter to Gallegos states. "This system is designed to be outside the reach of politics and has been."
Gallegos said Rowland and the POC stepping in would undermine the work of the state AG's Office, which was has been investigating the evidence room for a year.
"We have a professional that is going to be doing the internal investigation, and the AG is doing the criminal investigation," Gallegos said. "They are perfectly capable of doing a professional investigation, and for us to think that they are not capable of that is very shortsighted."
Rowland said he doesn't expect Gallegos to heed the letter's recommendation. But he said he plans to look at the AG's and the internal investigators' findings.
Rowland said he will discuss those findings with Gallegos and report to the commission whether he thinks the investigations were fair and impartial.
Michael Cook, newly elected commission chairman, said the decision to enter the fray comes now because "this is the first time it's really come before us."
Cook said the Independent Review Office could investigate the evidence room, but he would also support another entity doing so as long as it's independent from APD.
The Albuquerque Police Oversight Commission wants all allegations and complaints against senior APD officials— including the evidence room scandal— to be investigated by the city's top police watchdog.
"We believe we are the appropriate agency to investigate any complaints against captains and above," Independent Review Officer Jay Rowland said.
The seven-member citizen commission on Friday sent a letter to APD Chief Gilbert Gallegos, recommending he change the department's standard operating procedures to expand the Independent Review Office's purview.
As it is, the IRO investigates only citizen complaints against officers and police shooting cases, then reports to the commission.
Gallegos said Friday the commission doesn't need to get involved in the matter because the state Attorney General's Office is already investigating the evidence room, and the department is planning to hire an independent firm to conduct an internal investigation.
Last year, an anonymous memo surfaced, alleging that guns, drugs, cash and other evidence had been stolen from the evidence room. Last month, cleanup of a chemical leak in the room caused the destruction of numerous pieces of evidence in more than 200 drug cases.
And APD's own investigation into the evidence room has been criticized from within the department.
"The citizens of Albuquerque need these allegations and any other allegations against the chief or his senior staff to be investigated by an independent investigator that is outside APD and reviewed by the citizen oversight system," the letter to Gallegos states. "This system is designed to be outside the reach of politics and has been."
Gallegos said Rowland and the POC stepping in would undermine the work of the state AG's Office, which was has been investigating the evidence room for a year.
"We have a professional that is going to be doing the internal investigation, and the AG is doing the criminal investigation," Gallegos said. "They are perfectly capable of doing a professional investigation, and for us to think that they are not capable of that is very shortsighted."
Rowland said he doesn't expect Gallegos to heed the letter's recommendation. But he said he plans to look at the AG's and the internal investigators' findings.
Rowland said he will discuss those findings with Gallegos and report to the commission whether he thinks the investigations were fair and impartial.
Michael Cook, newly elected commission chairman, said the decision to enter the fray comes now because "this is the first time it's really come before us."
Cook said the Independent Review Office could investigate the evidence room, but he would also support another entity doing so as long as it's independent from APD.
Thursday, December 16, 2004
City: Former APD Officer Stole $700 From Man He Arrested
By Jeff Proctor, Journal Staff Writer
A former Albuquerque police officer stole $700 from a man he arrested for drunken driving, according to an investigation conducted by the city's Independent Review Office.
The officer, who has not been named, initially agreed to cooperate with the office's investigation. But on the day he was to take a polygraph, the officer resigned.
"It is my finding that this officer stole the money, then lied about it in a statement," Independent Review Officer Jay Rowland told the Police Oversight Commission last week.
The commission voted unanimously Dec. 9 to uphold Rowland's findings and sustain the complaint filed against the former officer.
But APD Chief Gilbert Gallegos disagrees, saying there wasn't enough evidence to say the former officer was guilty.
APD Deputy Chief Paul Chavez could not be reached for comment on the case.
The allegation stems from a Feb. 28 traffic stop, according to the investigation. During the stop, the officer took $700 from the driver's pocket and threw it in his squad car, the investigation found.
"There was another officer present, and that officer did see some money," Rowland said.
The former officer arrested the man and took him to the now-closed Prisoner Transfer Station— a building Downtown where police took offenders to be processed before taking them to the Metropolitan Detention Center on the West Side.
When he was released from the West Side jail, the man refused to sign a property list because it did not contain his $700, the investigation shows.
The man filed a complaint with the POC in April, and investigators found he had cashed a check on the day he was arrested for about $3,000.
He spent money on attorney's fees, a paint job for his car and liquor at an Albuquerque bar, the investigation shows. The leftover $700 was money he owed his mother.
The man passed a polygraph test that asked whether he had money on him when he was stopped, the investigation shows.
In an interview, the officer denied stealing any money and agreed to take a polygraph. Shortly after the interview— sometime in May— the officer resigned.
A former Albuquerque police officer stole $700 from a man he arrested for drunken driving, according to an investigation conducted by the city's Independent Review Office.
The officer, who has not been named, initially agreed to cooperate with the office's investigation. But on the day he was to take a polygraph, the officer resigned.
"It is my finding that this officer stole the money, then lied about it in a statement," Independent Review Officer Jay Rowland told the Police Oversight Commission last week.
The commission voted unanimously Dec. 9 to uphold Rowland's findings and sustain the complaint filed against the former officer.
But APD Chief Gilbert Gallegos disagrees, saying there wasn't enough evidence to say the former officer was guilty.
APD Deputy Chief Paul Chavez could not be reached for comment on the case.
The allegation stems from a Feb. 28 traffic stop, according to the investigation. During the stop, the officer took $700 from the driver's pocket and threw it in his squad car, the investigation found.
"There was another officer present, and that officer did see some money," Rowland said.
The former officer arrested the man and took him to the now-closed Prisoner Transfer Station— a building Downtown where police took offenders to be processed before taking them to the Metropolitan Detention Center on the West Side.
When he was released from the West Side jail, the man refused to sign a property list because it did not contain his $700, the investigation shows.
The man filed a complaint with the POC in April, and investigators found he had cashed a check on the day he was arrested for about $3,000.
He spent money on attorney's fees, a paint job for his car and liquor at an Albuquerque bar, the investigation shows. The leftover $700 was money he owed his mother.
The man passed a polygraph test that asked whether he had money on him when he was stopped, the investigation shows.
In an interview, the officer denied stealing any money and agreed to take a polygraph. Shortly after the interview— sometime in May— the officer resigned.
Wednesday, August 11, 2004
Weak Link in Police Oversight
Letters to The Editor, Albuquerque Journal
HAVE YOU EVER wondered why police get abusive and unprofessional and why they mistreat those that they are paid to serve and protect? From my experience, it appears that the police chief encourages them by supporting them and defending them, no matter how wrong they are.
Two officers came on my property looking for someone else and I was kicked in the back. The officers refused to identify themselves, so we took their picture in order to document their identity. We requested a supervisor and the sergeant that came out did not even want to interview us. She only wanted to speak to the officers. ...
I filed a citizen's complaint and Internal Affairs (APD) tried to investigate. When I found out that their decision would be final, without my having a right to appeal, I demanded that the independent review officer handle the investigation.
Jay Rowland's office conducted a cursory investigation and found in favor of the police. Out of a total of 13 witnesses, plus an additional three police officers, Rowland's office interviewed only two of the officers and only three witnesses in order to reach a conclusion.
I appealed this decision to the Police Oversight Commission (POC), which, at Rowland's recommendation, voted not to hear my appeal. I appealed this decision to the chief administrative officer for the city and he decided that my appeal should be heard.
I presented my case and the POC found in my favor and overturned Rowland's findings. They found that the officers used excessive force, acted in an unprofessional manner and violated standard operating procedure by refusing to provide me with their names and badge numbers. I felt vindicated.
Now, I've found out that the police chief will not accept the POC's decision and instead continues to back his police officers. ... It's quite evident the chief does not respect the POC and will back his officers, even if their actions are wrong.
The City Council has made changes to the POC ordinance to strengthen it. May I suggest one more change, the police chief!
JAIME A. GALINDO
Albuquerque
HAVE YOU EVER wondered why police get abusive and unprofessional and why they mistreat those that they are paid to serve and protect? From my experience, it appears that the police chief encourages them by supporting them and defending them, no matter how wrong they are.
Two officers came on my property looking for someone else and I was kicked in the back. The officers refused to identify themselves, so we took their picture in order to document their identity. We requested a supervisor and the sergeant that came out did not even want to interview us. She only wanted to speak to the officers. ...
I filed a citizen's complaint and Internal Affairs (APD) tried to investigate. When I found out that their decision would be final, without my having a right to appeal, I demanded that the independent review officer handle the investigation.
Jay Rowland's office conducted a cursory investigation and found in favor of the police. Out of a total of 13 witnesses, plus an additional three police officers, Rowland's office interviewed only two of the officers and only three witnesses in order to reach a conclusion.
I appealed this decision to the Police Oversight Commission (POC), which, at Rowland's recommendation, voted not to hear my appeal. I appealed this decision to the chief administrative officer for the city and he decided that my appeal should be heard.
I presented my case and the POC found in my favor and overturned Rowland's findings. They found that the officers used excessive force, acted in an unprofessional manner and violated standard operating procedure by refusing to provide me with their names and badge numbers. I felt vindicated.
Now, I've found out that the police chief will not accept the POC's decision and instead continues to back his police officers. ... It's quite evident the chief does not respect the POC and will back his officers, even if their actions are wrong.
The City Council has made changes to the POC ordinance to strengthen it. May I suggest one more change, the police chief!
JAIME A. GALINDO
Albuquerque
Monday, July 12, 2004
Complaints Against APD Are On Rise
By Jeff Proctor, Journal Staff Writer
Citizen complaints against the Albuquerque Police Department are on the rise, according to a report compiled by the city's Independent Review Office.
The report also concludes that APD and the district attorney's office need to deal more swiftly with cases that involve police shootings and possible criminal wrongdoing by officers.
A record 25 citizen complaints were made to the Albuquerque Police Oversight Commission in June, bringing the yearly total to 136, according to the quarterly report.
The 220 complaints filed last year were the most in the commission's five-year history, and Rowland is convinced that record will be broken this year.
However, the rising volume of complaints doesn't reflect negatively on APD, said Independent Review Officer Jay Rowland.
"It means citizens have more faith in the system and they're more willing to come forward for resolutions," he said. "These complaints have (been) shown to benefit the department. This is what oversight is all about."
For example, the POC for months was inundated with complaints about inadequate staffing, medical care and other shortcomings at a prisoner transfer station, Rowland said.
The station was closed March 10 after an inspection by Rowland and an APD Internal Affairs commander.
Though the citizen complaint portion of the oversight process has improved each year, cases involving police shootings and officer wrongdoing are taking far too long to be resolved, the report shows.
Those cases begin with an APD criminal investigation, then go to the DA and Internal Affairs before Rowland reviews them.
Rowland said he knows of at least eight cases that are backlogged at APD and the DA's office, some of which have been pending longer than 18 months.
Several months ago, the POC sent letters to Mayor Martin Chávez and the DA's office requesting police shooting cases be dealt with faster, Rowland said.
Since then, the DA's office has completed five cases and sent them to the POC, he said.
Commissioners and police recently began researching ways to speed up cases involving criminal wrongdoing by officers, he said.
"We're starting to gather information about which cases are pending (with APD) so we can keep the system moving," Rowland said.
The POC has resolved 99 of this year's citizen complaints; 37 are pending, according to Rowland's report. In 17 cases, the oversight commission has sustained the complaint.
APD has disciplined 94 percent of the officers in sustained cases, the report shows.
Last year, officers were disciplined in 87 percent of sustained cases, as compared with 58 percent in 2002 and 60 percent in 2001, according to the report.
Citizen complaints against the Albuquerque Police Department are on the rise, according to a report compiled by the city's Independent Review Office.
The report also concludes that APD and the district attorney's office need to deal more swiftly with cases that involve police shootings and possible criminal wrongdoing by officers.
A record 25 citizen complaints were made to the Albuquerque Police Oversight Commission in June, bringing the yearly total to 136, according to the quarterly report.
The 220 complaints filed last year were the most in the commission's five-year history, and Rowland is convinced that record will be broken this year.
However, the rising volume of complaints doesn't reflect negatively on APD, said Independent Review Officer Jay Rowland.
"It means citizens have more faith in the system and they're more willing to come forward for resolutions," he said. "These complaints have (been) shown to benefit the department. This is what oversight is all about."
For example, the POC for months was inundated with complaints about inadequate staffing, medical care and other shortcomings at a prisoner transfer station, Rowland said.
The station was closed March 10 after an inspection by Rowland and an APD Internal Affairs commander.
Though the citizen complaint portion of the oversight process has improved each year, cases involving police shootings and officer wrongdoing are taking far too long to be resolved, the report shows.
Those cases begin with an APD criminal investigation, then go to the DA and Internal Affairs before Rowland reviews them.
Rowland said he knows of at least eight cases that are backlogged at APD and the DA's office, some of which have been pending longer than 18 months.
Several months ago, the POC sent letters to Mayor Martin Chávez and the DA's office requesting police shooting cases be dealt with faster, Rowland said.
Since then, the DA's office has completed five cases and sent them to the POC, he said.
Commissioners and police recently began researching ways to speed up cases involving criminal wrongdoing by officers, he said.
"We're starting to gather information about which cases are pending (with APD) so we can keep the system moving," Rowland said.
The POC has resolved 99 of this year's citizen complaints; 37 are pending, according to Rowland's report. In 17 cases, the oversight commission has sustained the complaint.
APD has disciplined 94 percent of the officers in sustained cases, the report shows.
Last year, officers were disciplined in 87 percent of sustained cases, as compared with 58 percent in 2002 and 60 percent in 2001, according to the report.
Wednesday, May 19, 2004
APD Oversight Bill Passes
By Lloyd Jojola, Journal Staff Writer
A bill aimed at beefing up Albuquerque police oversight has been approved by the City Council.
"There were a lot of issues about the (Police Oversight Commission) and the (Independent Review Officer) not having enough teeth," said City Councilor Brad Winter, who sponsored the amendment of the city's police oversight ordinance. "What these amendments did is give the POC some teeth."
The oversight commission and independent review office were formed under a bill passed in 1998 to enhance civilian oversight of the city's police department. Winter said the oversight commission and the police chief agree on citizen complaint and police excessive force cases the vast majority of the time. How the disagreements are dealt with raised issues.
The nine-member council unanimously passed the bill Monday. It will be forwarded to Mayor Martin Chávez.
The Police Oversight Commission will increase in size from seven to nine members, or one from each council district, under the measure. Training requirements are also added for commissioners.
Some of the changes are more significant than others, said Jay A. Rowland, the city's independent review officer.
"Our big, significant one is the POC is now going to make all the findings, not me," Rowland said. "This gives them the opportunity to really get their fingers in it if they want to. Before, they really didn't have that choice. But I felt it was more important to transfer whatever authority I had to them so that they are the guys that have to make the decisions."
In addition, the POC findings will go into the officer's record even if they disagree with the chief, he said. The POC, chief or officer also can appeal to the city's chief administrative officer if there is a disagreement on findings.
Rowland said the measure also clarifies the police chief cannot change findings.
A system will be put in place "where if anybody feels it's appropriate to change findings that there is now a standard for review and a procedure that it's got to go back to the POC and the POC decides," Rowland said.
While the bill was tweaked somewhat after representatives of the POC, IRO, the police department, police union and the administration met, people seemed satisfied with it.
"What I'm happy about is we met with all the players ... and we worked things out," said POC Chairman Joe T. Gutierrez. "We gave in a little and they gave in a little, and I feel very comfortable with the outcome."
Said Winter, "I really think that this is democracy at work, and this is a great bill. And, you know, maybe down the road in a couple of years we might try to make it a little stronger."
A bill aimed at beefing up Albuquerque police oversight has been approved by the City Council.
"There were a lot of issues about the (Police Oversight Commission) and the (Independent Review Officer) not having enough teeth," said City Councilor Brad Winter, who sponsored the amendment of the city's police oversight ordinance. "What these amendments did is give the POC some teeth."
The oversight commission and independent review office were formed under a bill passed in 1998 to enhance civilian oversight of the city's police department. Winter said the oversight commission and the police chief agree on citizen complaint and police excessive force cases the vast majority of the time. How the disagreements are dealt with raised issues.
The nine-member council unanimously passed the bill Monday. It will be forwarded to Mayor Martin Chávez.
The Police Oversight Commission will increase in size from seven to nine members, or one from each council district, under the measure. Training requirements are also added for commissioners.
Some of the changes are more significant than others, said Jay A. Rowland, the city's independent review officer.
"Our big, significant one is the POC is now going to make all the findings, not me," Rowland said. "This gives them the opportunity to really get their fingers in it if they want to. Before, they really didn't have that choice. But I felt it was more important to transfer whatever authority I had to them so that they are the guys that have to make the decisions."
In addition, the POC findings will go into the officer's record even if they disagree with the chief, he said. The POC, chief or officer also can appeal to the city's chief administrative officer if there is a disagreement on findings.
Rowland said the measure also clarifies the police chief cannot change findings.
A system will be put in place "where if anybody feels it's appropriate to change findings that there is now a standard for review and a procedure that it's got to go back to the POC and the POC decides," Rowland said.
While the bill was tweaked somewhat after representatives of the POC, IRO, the police department, police union and the administration met, people seemed satisfied with it.
"What I'm happy about is we met with all the players ... and we worked things out," said POC Chairman Joe T. Gutierrez. "We gave in a little and they gave in a little, and I feel very comfortable with the outcome."
Said Winter, "I really think that this is democracy at work, and this is a great bill. And, you know, maybe down the road in a couple of years we might try to make it a little stronger."
Sunday, May 2, 2004
Changes May Be in Store for Rules on Police Oversight
By Lloyd Jojola, Journal Staff Report
Changes could be in store for the ordinance that governs police oversight.
"We needed more teeth," Police Oversight Commission Chairman Joe T. Gutierrez said. "Not only to oversee but to make sure that the process works."
The City Council is scheduled at its 5 p.m. Monday meeting to consider the bill to amend the existing ordinance.
The bill, as it was initially proposed, has forced discussion between the police department, officers union, the oversight commission and the independent review officer. Those groups have suggested additional changes.
The oversight commission and the independent review office were created under a bill passed in 1998 to enhance civilian oversight of the city police department.
"It is absolutely critical for these amendments to pass to give the POC the authority that goes along with the responsibility that the city has placed on them," said Jay Rowland, the city's independent review officer.
According to a council analysis, one change would clarify that, when the review officer and chief of police agree on findings, the findings would be considered final. In addition, the findings could not be changed without first notifying the POC, review officer and individuals involved in the complaint.
The change addresses a situation that arose when Police Chief Gil Gallegos changed some findings that were previously decided on by the review officer and POC, the analysis states.
"Without making this change, findings can be changed for any reason by the chief and are never really 'final,' '' the analysis reads.
Gallegos said there have only been two instances in which that has occurred, "and they were not citizen complaints, they were internal complaints."
Gutierrez said the biggest issue of contention seems to be an amendment that would require findings of the review officer to be placed in the police officer's record.
Another amendment deals with disagreements between the oversight commission and chief, Rowland said.
"The POC wanted an ability to resolve that by taking it to the (city's chief administrative officer)," Rowland said.
Changes could be in store for the ordinance that governs police oversight.
"We needed more teeth," Police Oversight Commission Chairman Joe T. Gutierrez said. "Not only to oversee but to make sure that the process works."
The City Council is scheduled at its 5 p.m. Monday meeting to consider the bill to amend the existing ordinance.
The bill, as it was initially proposed, has forced discussion between the police department, officers union, the oversight commission and the independent review officer. Those groups have suggested additional changes.
The oversight commission and the independent review office were created under a bill passed in 1998 to enhance civilian oversight of the city police department.
"It is absolutely critical for these amendments to pass to give the POC the authority that goes along with the responsibility that the city has placed on them," said Jay Rowland, the city's independent review officer.
According to a council analysis, one change would clarify that, when the review officer and chief of police agree on findings, the findings would be considered final. In addition, the findings could not be changed without first notifying the POC, review officer and individuals involved in the complaint.
The change addresses a situation that arose when Police Chief Gil Gallegos changed some findings that were previously decided on by the review officer and POC, the analysis states.
"Without making this change, findings can be changed for any reason by the chief and are never really 'final,' '' the analysis reads.
Gallegos said there have only been two instances in which that has occurred, "and they were not citizen complaints, they were internal complaints."
Gutierrez said the biggest issue of contention seems to be an amendment that would require findings of the review officer to be placed in the police officer's record.
Another amendment deals with disagreements between the oversight commission and chief, Rowland said.
"The POC wanted an ability to resolve that by taking it to the (city's chief administrative officer)," Rowland said.
Monday, March 29, 2004
Misconduct Allegations Try APD
By Chris Vogel, Journal Staff Writer
It's been a rough 10 months for the Albuquerque Police Department.
As Gilbert Gallegos enters his third year as police chief, the department faces allegations of corruption, officer misconduct and use of excessive force.
There are also union problems, staffing shortages and criticism from the city's independent review officer, who investigates citizen complaints.
But Mayor Martin Chávez said the jobs of Gallegos and Nick Bakas, chief public safety officer, are safe.
Chávez, in a recent interview, saluted APD for lowering the city's crime rate.
He said the department is on track.
"That doesn't mean (Gallegos and Bakas) have not been taken out to the woodshed a couple times; they have ... " he said. But, he added, "overall, the police department is doing very well."
Among APD's problems:
A high-ranking officer was disciplined for giving the mayor's wife a break on a parking ticket.
An officer was indicted last summer after he was accused of detaining people for no reason at traffic stops, and another resigned after he was accused of forcing a woman he had stopped to expose herself.
After a surprise inspection, the department's jail transfer station was shut down this month because of possible mistreatment of prisoners.
And potentially the most damaging: allegations that civilian employees stole thousands of dollars in money and property from APD's evidence unit, and that top officials covered it up.
Jay Rowland, the city's Independent Review Officer, has at times clashed with Gallegos over complaints of officer misconduct.
"The department clearly has some problems and needs civilian oversight," Rowland said recently.
Gallegos and Bakas acknowledge that APD has its troubles.
"I know we have a lot of issues we're addressing right now, but we have a good department," Gallegos said in an interview earlier this month. "It's a very professional department."
Said Bakas, "When we talk about corruption, I remember the days when officers were accused of murder and burglary— that in my mind is corruption. I've seen corruption, I know corruption, and we are not where we were many years ago. In perspective, we're doing very well."
Top brass under fire
The leadership of Gallegos and Bakas was questioned when the allegations of evidence theft surfaced.
In early March, an anonymous memo alleged that the two men at one point turned a blind eye to the accusations. They deny they delayed investigating the evidence unit and said the department should be recognized for locating, then investigating possible internal crime.
Evidence-handling problems are not new for APD. A 1999 city audit found improper storage of money, lax security, problems with evidence and inventory procedures and discrepancies between accounts.
As a result, cash is now kept in a vault behind a locked gate, according to a followup 2003 audit.
"Apparently, we had some ongoing problems with the evidence room," Gallegos said. "Why wasn't something done in 1999? It was me who initiated the (recent) internal investigation to find out what in the hell is going on, and some people seem to forget that.
"To let the unit go to what it was in 1999 and earlier would be irresponsible, but to do the things this department did was the common sense and professional thing to do, and I'd do it all over again."
He said the internal investigation was launched when a routine inspection in August uncovered possible misconduct by unit employees. Along with the internal probe, APD asked the Attorney General's Office to conduct an inquiry.
"I've heard all the rumors, and all I can say is that I hope the department acted as quickly as possible," said Jeff Remington, president of the Albuquerque Police Officers' Association.
Chávez said he was pleased that the AG's Office was brought in. Its findings will determine whether Gallegos and Bakas acted quickly enough, he said.
The parking ticket break for first lady Margaret Aragón de Chávez resulted in disciplinary action for APD Capt. Conrad Candelaria.
An internal investigation determined that Candelaria broke department procedures when he used his discretion to reduce the ticket to a warning. Candelaria has said that neither the mayor nor his wife had contacted APD.
Last summer, officers Christopher Chase and Duane Currell were indicted for allegedly abusing people during traffic stops.
Chase was fired for detaining people for no apparent reason, according to an indictment. In all, the indictment alleges that 11 people were victims of numerous crimes, including sexual assault.
In an unrelated incident, Currell resigned after he was accused of coercing a woman into exposing herself, then grabbing her during a traffic stop, according to an APD investigation.
Last fall, the department's emergency line came under scrutiny when residents failed to reach an operator after dialing 911. APD hired more operators after an internal review and a visit by Chávez to the dispatch room.
The prisoner transfer station near the Big I was closed after a surprise inspection by Rowland and internal affairs officers uncovered understaffing and possible mistreatment of prisoners. That means arresting officers must drive prisoners more than 20 miles to the new West Side jail.
Rowland reported a lack of medical care, an erratic toilet and a prisoner handcuffed outside the station without shoes and pants.
The fate of the station highlights what has been a thorny relationship between Gallegos and Rowland.
Rowland independently investigates citizen complaints and forwards his findings to the Police Oversight Commission, which makes a ruling. But it is up to Gallegos to decide if an officer is disciplined.
Rowland said Gallegos agrees with him on about 97 percent of his findings. But their most common disagreements are over cases involving excessive force.
In the past 18 months, Rowland said he has determined that officers used excessive force in 10 complaints, only one of which Gallegos sustained.
"Our non-concurrence rate is low, but it concerns me that it's in the use of excessive force (cases)," Rowland said.
One case in which he found excessive force was during an anti-war protest near the University of New Mexico in March 2003. Gallegos didn't agree, and the officer was not disciplined.
Earlier this month, the ACLU and the National Lawyers Guild filed a civil rights lawsuit claiming excessive force and free speech violations.
Despite APD's problems, Gallegos said his cops are taking care of the most important one— crime.
He pointed to national FBI crime figures, saying they show that crime dropped 10 percent in 2002 and 6 percent in 2003.
Goals for APD
Gallegos has a number of goals for APD, including installing a computer system that would allow officers to write reports online in their cars.
He has also started to replace the department's fleet of vehicles every five years as opposed to every eight years.
Remington said items like new cars help keep officers productive, but the greatest strain on morale is the lack of a contract. He said officers have not been given a raise or their promised pay step increases in more than two years.
In late February, Remington and other officers camped outside Civic Plaza for several nights to protest pay and what they say is a lack of leadership.
"In the past, APD was a very prestigious law enforcement agency, and hits like the evidence unit and not getting the (pay) steps damage morale," he said. "It hits the perception that we're working at a quality agency."
Gallegos said he was "very supportive regarding pay raises. I think our officers deserve them, and I am confident they will get something new in their paychecks in the next few months."
Chávez set a goal of staffing 1,000 officers by 2005, and the department failed to reach its intermediary goal of 955 in February. APD says it has 937 officers, while the union contends that the number is lower.
Bakas and Gallegos agree with the union that APD does not have enough officers.
"Yes, we are short," Gallegos said. "We know that, and that's why we're trying to beef up the force size."
Bakas acknowledges that a retiree who had a criminal record was hired and another was fired after failing a drug test, which was taken after the officer was assigned to full-time duty.
Regarding questions about his leadership, Gallegos mused during a recent interview about how public perceptions can change.
Thirty years ago, he was known as an Albuquerque police union advocate and became a national union leader as president of the national Fraternal Order of Police. He is still a board member.
"In 1975, I was mentioned in an Albuquerque Journal editorial as one of seven city heroes and leaders," he said. "Several years later, I'm a bum."
But Gallegos said he doesn't believe that about himself, and neither do Bakas and Chávez.
"I advise the chief on our preference on situations, but all the directors are expected to run their departments and the chief is doing a very good job," Bakas said.
It's been a rough 10 months for the Albuquerque Police Department.
As Gilbert Gallegos enters his third year as police chief, the department faces allegations of corruption, officer misconduct and use of excessive force.
There are also union problems, staffing shortages and criticism from the city's independent review officer, who investigates citizen complaints.
But Mayor Martin Chávez said the jobs of Gallegos and Nick Bakas, chief public safety officer, are safe.
Chávez, in a recent interview, saluted APD for lowering the city's crime rate.
He said the department is on track.
"That doesn't mean (Gallegos and Bakas) have not been taken out to the woodshed a couple times; they have ... " he said. But, he added, "overall, the police department is doing very well."
Among APD's problems:
A high-ranking officer was disciplined for giving the mayor's wife a break on a parking ticket.
An officer was indicted last summer after he was accused of detaining people for no reason at traffic stops, and another resigned after he was accused of forcing a woman he had stopped to expose herself.
After a surprise inspection, the department's jail transfer station was shut down this month because of possible mistreatment of prisoners.
And potentially the most damaging: allegations that civilian employees stole thousands of dollars in money and property from APD's evidence unit, and that top officials covered it up.
Jay Rowland, the city's Independent Review Officer, has at times clashed with Gallegos over complaints of officer misconduct.
"The department clearly has some problems and needs civilian oversight," Rowland said recently.
Gallegos and Bakas acknowledge that APD has its troubles.
"I know we have a lot of issues we're addressing right now, but we have a good department," Gallegos said in an interview earlier this month. "It's a very professional department."
Said Bakas, "When we talk about corruption, I remember the days when officers were accused of murder and burglary— that in my mind is corruption. I've seen corruption, I know corruption, and we are not where we were many years ago. In perspective, we're doing very well."
Top brass under fire
The leadership of Gallegos and Bakas was questioned when the allegations of evidence theft surfaced.
In early March, an anonymous memo alleged that the two men at one point turned a blind eye to the accusations. They deny they delayed investigating the evidence unit and said the department should be recognized for locating, then investigating possible internal crime.
Evidence-handling problems are not new for APD. A 1999 city audit found improper storage of money, lax security, problems with evidence and inventory procedures and discrepancies between accounts.
As a result, cash is now kept in a vault behind a locked gate, according to a followup 2003 audit.
"Apparently, we had some ongoing problems with the evidence room," Gallegos said. "Why wasn't something done in 1999? It was me who initiated the (recent) internal investigation to find out what in the hell is going on, and some people seem to forget that.
"To let the unit go to what it was in 1999 and earlier would be irresponsible, but to do the things this department did was the common sense and professional thing to do, and I'd do it all over again."
He said the internal investigation was launched when a routine inspection in August uncovered possible misconduct by unit employees. Along with the internal probe, APD asked the Attorney General's Office to conduct an inquiry.
"I've heard all the rumors, and all I can say is that I hope the department acted as quickly as possible," said Jeff Remington, president of the Albuquerque Police Officers' Association.
Chávez said he was pleased that the AG's Office was brought in. Its findings will determine whether Gallegos and Bakas acted quickly enough, he said.
The parking ticket break for first lady Margaret Aragón de Chávez resulted in disciplinary action for APD Capt. Conrad Candelaria.
An internal investigation determined that Candelaria broke department procedures when he used his discretion to reduce the ticket to a warning. Candelaria has said that neither the mayor nor his wife had contacted APD.
Last summer, officers Christopher Chase and Duane Currell were indicted for allegedly abusing people during traffic stops.
Chase was fired for detaining people for no apparent reason, according to an indictment. In all, the indictment alleges that 11 people were victims of numerous crimes, including sexual assault.
In an unrelated incident, Currell resigned after he was accused of coercing a woman into exposing herself, then grabbing her during a traffic stop, according to an APD investigation.
Last fall, the department's emergency line came under scrutiny when residents failed to reach an operator after dialing 911. APD hired more operators after an internal review and a visit by Chávez to the dispatch room.
The prisoner transfer station near the Big I was closed after a surprise inspection by Rowland and internal affairs officers uncovered understaffing and possible mistreatment of prisoners. That means arresting officers must drive prisoners more than 20 miles to the new West Side jail.
Rowland reported a lack of medical care, an erratic toilet and a prisoner handcuffed outside the station without shoes and pants.
The fate of the station highlights what has been a thorny relationship between Gallegos and Rowland.
Rowland independently investigates citizen complaints and forwards his findings to the Police Oversight Commission, which makes a ruling. But it is up to Gallegos to decide if an officer is disciplined.
Rowland said Gallegos agrees with him on about 97 percent of his findings. But their most common disagreements are over cases involving excessive force.
In the past 18 months, Rowland said he has determined that officers used excessive force in 10 complaints, only one of which Gallegos sustained.
"Our non-concurrence rate is low, but it concerns me that it's in the use of excessive force (cases)," Rowland said.
One case in which he found excessive force was during an anti-war protest near the University of New Mexico in March 2003. Gallegos didn't agree, and the officer was not disciplined.
Earlier this month, the ACLU and the National Lawyers Guild filed a civil rights lawsuit claiming excessive force and free speech violations.
Despite APD's problems, Gallegos said his cops are taking care of the most important one— crime.
He pointed to national FBI crime figures, saying they show that crime dropped 10 percent in 2002 and 6 percent in 2003.
Goals for APD
Gallegos has a number of goals for APD, including installing a computer system that would allow officers to write reports online in their cars.
He has also started to replace the department's fleet of vehicles every five years as opposed to every eight years.
Remington said items like new cars help keep officers productive, but the greatest strain on morale is the lack of a contract. He said officers have not been given a raise or their promised pay step increases in more than two years.
In late February, Remington and other officers camped outside Civic Plaza for several nights to protest pay and what they say is a lack of leadership.
"In the past, APD was a very prestigious law enforcement agency, and hits like the evidence unit and not getting the (pay) steps damage morale," he said. "It hits the perception that we're working at a quality agency."
Gallegos said he was "very supportive regarding pay raises. I think our officers deserve them, and I am confident they will get something new in their paychecks in the next few months."
Chávez set a goal of staffing 1,000 officers by 2005, and the department failed to reach its intermediary goal of 955 in February. APD says it has 937 officers, while the union contends that the number is lower.
Bakas and Gallegos agree with the union that APD does not have enough officers.
"Yes, we are short," Gallegos said. "We know that, and that's why we're trying to beef up the force size."
Bakas acknowledges that a retiree who had a criminal record was hired and another was fired after failing a drug test, which was taken after the officer was assigned to full-time duty.
Regarding questions about his leadership, Gallegos mused during a recent interview about how public perceptions can change.
Thirty years ago, he was known as an Albuquerque police union advocate and became a national union leader as president of the national Fraternal Order of Police. He is still a board member.
"In 1975, I was mentioned in an Albuquerque Journal editorial as one of seven city heroes and leaders," he said. "Several years later, I'm a bum."
But Gallegos said he doesn't believe that about himself, and neither do Bakas and Chávez.
"I advise the chief on our preference on situations, but all the directors are expected to run their departments and the chief is doing a very good job," Bakas said.
Saturday, January 10, 2004
Police Panel Rules in Protest Conduct
By Lloyd Jojola, Journal Staff Report
Unreasonable force was used by a police officer during an anti-war demonstration last year, the Police Oversight Commission has said.
Thursday's decision supports the opinion of Independent Review Officer Jay Rowland but conflicts with Albuquerque Police Department Chief Gil Gallegos' findings.
Gallegos reviewed the complaint filed by Lane Leckman and does not believe the force used was excessive. Leckman, a physician, appealed the chief's findings to the commission.
The commission also ruled the officer failed to identify himself, an alleged standard procedure violation that Rowland and Gallegos said wasn't proven.
As a result of its action, the commission will write a letter to Gallegos asking him to reconsider his findings, Rowland said.
Police spokesman Jeff Arbogast said Friday the department had not seen the commission's written decision and could not immediately comment on the commission's action.
The incident occurred during a March 20 anti-war demonstration at Central near the University of New Mexico campus.
The crowd, marching west on Central, swelled into the hundreds and were met by police dressed in gas masks and helmets. Police arrested 17 people and cleared the street with tear gas.
Leckman said he was by the bookstore, standing on the sidewalk away from the street, when an officer ordered him to move.
" 'I'm standing on the sidewalk, what is the problem?' '' he said he told the officer, recounting the incident to the commission.
"The next thing I knew, without another word, without any explanation, his baton in both hands, he hit me full force on the chest, knocked me into my fiancee ... knocking her over and bruising her hip. I turned around to pick her up. Turned around and asked him what his name was. He looked at me and did not answer."
Police accounts differ, according to a synopsis of an investigation conducted by Independent Review Office staff. One officer interviewed said, "He did see a man and woman trip over some bicycles in a bike rack and fell. He denied that he or any other officer pushed these people."
A sergeant interviewed said he also saw a man and woman fall over a bike rack. "He didn't see anyone hit them just before they fell," the synopsis states.
Leckman also claims a 911 operator hung up on him when he called police. According to the investigation synopsis, 911 tapes were reviewed and it was discovered that one operator hung up on three callers from the protest.
"The operator did not ask if the callers were injured," the review states. "This operator also called her daughter and played the tape of a male caller choking and gasping. She then laughed about the man's condition."
The 911 operator was found to be in violation of two standard operating procedures, including one that pertains to the use of telephone etiquette.
Arbogast said the operator was disciplined.
Unreasonable force was used by a police officer during an anti-war demonstration last year, the Police Oversight Commission has said.
Thursday's decision supports the opinion of Independent Review Officer Jay Rowland but conflicts with Albuquerque Police Department Chief Gil Gallegos' findings.
Gallegos reviewed the complaint filed by Lane Leckman and does not believe the force used was excessive. Leckman, a physician, appealed the chief's findings to the commission.
The commission also ruled the officer failed to identify himself, an alleged standard procedure violation that Rowland and Gallegos said wasn't proven.
As a result of its action, the commission will write a letter to Gallegos asking him to reconsider his findings, Rowland said.
Police spokesman Jeff Arbogast said Friday the department had not seen the commission's written decision and could not immediately comment on the commission's action.
The incident occurred during a March 20 anti-war demonstration at Central near the University of New Mexico campus.
The crowd, marching west on Central, swelled into the hundreds and were met by police dressed in gas masks and helmets. Police arrested 17 people and cleared the street with tear gas.
Leckman said he was by the bookstore, standing on the sidewalk away from the street, when an officer ordered him to move.
" 'I'm standing on the sidewalk, what is the problem?' '' he said he told the officer, recounting the incident to the commission.
"The next thing I knew, without another word, without any explanation, his baton in both hands, he hit me full force on the chest, knocked me into my fiancee ... knocking her over and bruising her hip. I turned around to pick her up. Turned around and asked him what his name was. He looked at me and did not answer."
Police accounts differ, according to a synopsis of an investigation conducted by Independent Review Office staff. One officer interviewed said, "He did see a man and woman trip over some bicycles in a bike rack and fell. He denied that he or any other officer pushed these people."
A sergeant interviewed said he also saw a man and woman fall over a bike rack. "He didn't see anyone hit them just before they fell," the synopsis states.
Leckman also claims a 911 operator hung up on him when he called police. According to the investigation synopsis, 911 tapes were reviewed and it was discovered that one operator hung up on three callers from the protest.
"The operator did not ask if the callers were injured," the review states. "This operator also called her daughter and played the tape of a male caller choking and gasping. She then laughed about the man's condition."
The 911 operator was found to be in violation of two standard operating procedures, including one that pertains to the use of telephone etiquette.
Arbogast said the operator was disciplined.
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