ADDENDUM TO "THE HARD PART: THINKING ABOUT POLICE REFORM"

I elaborate on my blog’s first recommendation: “abolish all ‘advisory’ committees, especially the secret ones, on police-related matters.”  The list of 35 advisory committees to City Council indicates only one such committee, the Public Safety Select Committee, which operates in secrecy, and its entry identifies no contact (unlike all but one other committee, MV Public Housing Authority).   Current members of the Select Committee are Mayor Ken Miyagishima and his appointees, Mayor Pro Tem and District 1 Councilor Kasandra Gandara and District 4 Councilor Tessa Abeyta—, all for a “Life Term.”

 

The statements of “Description” and “Purpose” significantly misrepresent what this Select Committee does or intends to do.

 

Description

The duties of the Public Safety Select Committee shall include but not be limited to the following: (1) provide input, comment, or recommendations on proposed ordinances, programs, or initiatives involving public safety matters within the City; (2) provide recommendations to the City Council on matters of public safety; (3) provide information, recommendations, or assistance in the development and implementation of various existing and future public safety related programs; (4) encourage, collect, and present resident input regarding public safety service levels and priorities; (5) make recommendations concerning related department budgets and budget priorities.

 

Purpose

To improve the overall safety and quality of life of the community by providing recommendations to the City Council on safety initiatives, raising awareness of community safety concerns, and to serve as a mechanism for productive discussion on matters of public safety between the policy making body, individuals serving in the area of public safety and subject matter experts.

 

The “Description” statement is variously vague or false.  Items (1), (3), and (5) do not specify to whom the results of the Committee’s work go.  Items (2) and (4) could not have occurred because the other four members of Council and the public, respectively, had no idea that the Committee existed.  In view of the “Description,” the “Purpose” statement is, meaningless since the existence of the Committee has been unknown to  the full Council and the public.  The Select Committee appears to serve other purposes like interagency discussions to make decisions about police-related and litigation issues.  If it had operated as represented, the need for a Citizen Police Oversight Board might be less.

 

Because this Committee works in secret from the entire Council, it appears to violate a recent city ordinance signed by the Mayor himself and may contravene the spirit, if not the letter, of the New Mexico Open Meetings Act.  Although ordinances are no fun, read this one to ascertain whether the Mayor has violated the ordinance which he signed and whether two Councilors have disregarded his violations.  I emphasize some points.

 

COUNCIL BILL NO. 20-016

ORDINANCE NO. 2908

 

AN ORDINANCE AMENDING THE LAS CRUCES MUNICIPAL CODE (LCMC) 1997, AS AMENDED, CHAPTER 2, ART. 4, DIV. 7, SEC. 2-1101, SELECT COMMITTEES, EFFECTIVE AS OF JANUARY 6, 2020.

 

The City Council is informed that:

 

WHEREAS, LCMC Ch. 2, Art. 4, Div. 7, Sec. 2-1101 establishes the mayor’s ability to appoint Select Committees whose purpose is to provide information and advice on City Charter objectives; and

WHEREAS, the mayor determines membership, purpose, duties, and duration of Select Committees; and

WHEREAS, the mayor must notify the city council of the establishment and purpose of select committees; and

WHEREAS, it [is] the desire of the city council to expand the ability to create Select Committees for the benefit of the entire city council to support the goals and objectives of the City’s strategic plan.

NOW THEREFORE, be it Ordained by the Governing Body of the City of Las Cruces:

(I)

THAT Section 2-1101, entitled “Select Committees,” of the Las Cruces Municipal Code is amended to read as follows:

“Sec. 2-1101. -Scope.

(a) Select committees may be established by the mayor or city council to provide the mayor and city council with information and advice on the goals and objectives stated in the City Charter or the City’s strategic plan.  The membership, purpose, duties, and duration of the select committees shall be determined by the mayor or the city council and shall be made available to the public.

(b) If the Mayor establishes a select committee, the city council shall be given written notice of the establishment of all select committees.  This notice shall include the purpose for the select committee and the names of the members.

(c) The term of the select committee shall not exceed one year or the amount of time necessary to complete the specific established goals and objectives of the committee.

(d) The recommendations of a select committee shall not be binding and are subject to approval of the city council or the city manager in accordance with the city charter.

(e) The city manager may assign appropriate city staff or community members to a select committee for the purpose of providing information, recommendations, or subject-matter expertise. The select committee shall not include more than three members of the city council.

(f) Sections 2-187 through 2 -190 are inapplicable to select committee members.”

(II)

THAT City staff is hereby authorized to do all deeds as necessary in the accomplishment of the herein above.

 

DONE AND APPROVED this 6 day of January 2020.  [Signed by the Mayor]

 

A political point.  Councilors Abeyta and Gandara have, at one time or another, spoken about the importance of transparency and accountability.  There can be no better evidence of their radical hypocrisy than their membership on and work done in this secret Select Committee.  They show themselves untrustworthy and undeserving of re-election this fall.