MDC officer arrested for alleged ‘inappropriate’ relationship with an inmate — Daniel Montano, KUNM News
Bernalillo county announced Wednessday a corrections officer at its jail has been arrested on accusations of having an “inappropriate and illegal sexual relationship” with an inmate.
Metropolitan Detention Center leadership was notified of the relationship early Tuesday morning, and immediately contacted the Bernalillo County Sheriff's Office to start an investigation, according to a press release.
Officer Chevonne Culbreath was removed from her position at the jail, arrested by the sheriff’s office and returned to MDC for booking by yesterday/Tuesday evening.
She has been charged with criminal sexual penetration and bringing contraband into places of imprisonment, both felonies.
Warden Kai Smith said behavior like Culbreath is accused of will not be tolerated, and that MDC is “committed to ensuring that corrupt officers are swiftly identified and removed.”
During her arraignment Wednesday afternoon, a Metro court judge ordered her to be held in jail as the case is transferred to district court.
US nuclear repository is among the federally owned spots identified for renewable energy projects - By Susan Montoya Bryan, Associated Press
The U.S. Department of Energy announced Tuesday that it is teaming up with yet another energy company as part of a mission to transform portions of government-owned property once used for the nation's nuclear weapons program into prime real estate for renewable energy endeavors.
The federal agency will be negotiating a lease agreement with Florida-based NextEra Energy Resources Development for nearly 3 square miles (7.8 square kilometers) of land surrounding the nation's only underground repository for nuclear waste.
The project at the Waste Isolation Pilot Plant in southern New Mexico is the latest to be announced by the Energy Department, which has identified more than 50 square miles (130 square kilometers) of government land that can be used for constructing solar arrays and battery storage systems that can supply utilities with emissions-free electricity.
Other lease agreements are already being negotiated for projects stretching from the Hanford Site in Washington state, where the U.S. produced plutonium, to national laboratories and other sites in Idaho, Nevada and South Carolina.
Andrew Mayock with the White House Council on Environmental Quality on Tuesday echoed a statement made earlier this year when the first negotiations were announced. He said federal agencies are using their scale and purchasing power to support the growth of the clean energy industry.
"We will spur new clean electricity production, which is good for our climate, our economy, and our national security," he said.
At the nuclear repository in New Mexico, federal officials say there is potential to install at least 150 megawatts of solar and another 100 megawatts of storage.
While the amount of energy generated by NextEra at the WIPP site would be more than enough to meet the needs of the repository, none would feed directly into government operations there. Officials said the energy from the solar array would be sold to Xcel Energy by NextEra and put into the utility's distribution system.
Xcel serves customers in parts of New Mexico and Texas, as well as other states.
Officials said there is no estimate of when ground could be broken, saying engineering and planning work would be needed once a lease is signed and regulatory approvals would be required.
The largest of the so-called cleanup-to-clean-energy projects is slated for the Hanford Site, where Hecate Energy LLC has plans to deliver a gigawatt-scale system that would span thousands of acres on the southeastern edge of the property. It could be several years before that project comes online.
Trial, jury selection set for 2023 Oñate statue shooting - By Austin Fisher, Source New Mexico
The trial for the man recorded on video shooting a climate activist during a prayer ceremony and protest in Rio Arriba County is set to begin in October.
Ryan Martinez, carrying a concealed 9mm handgun, repeatedly tried to rush into an area where around 50 people were peacefully celebrating county officials’ decision to postpone resurrecting a statue of genocidal Spanish conquistador Juan de Oñate.
Martinez shot Jacob Johns, a Hopi, Akimel O’odham activist from Washington, in the chest. Martinez then allegedly turned the gun on Malaya Peixinho. The gun jammed, and he fled the scene.
Martinez is being prosecuted for trying to murder Johns and assaulting Peixinho. State prosecutors have also added a hate crime and a firearm enhancement to the charges against him.
Jury selection and a trial are set to happen Oct. 7 in First Judicial District Judge Jason Lidyard’s courtroom in Tierra Amarilla.
The first leg of the trial is scheduled for Oct. 8 through Oct. 11, when state prosecutors are expected to make their case and call their witnesses to testify.
The second leg of the trial is scheduled for Oct. 16 through Oct. 18, when defense lawyers for Martinez will make their case and call their own witnesses.
Typically, both sides make opening arguments at the beginning of a trial, and closing arguments at the end.
City, Human Rights Board clash on homelessness - By Damon Scott, City Desk ABQ
A rift formed this summer between the city and its Human Rights Board over an analysis of the state of those experiencing homelessness in Albuquerque.The result is that a final report to be issued to the city won’t be submitted. Even though the all-volunteer board has no legal jurisdiction, it is empowered by city ordinance to investigate issues and propose findings.
“I took the city’s reaction to the previous draft of the report as a warning that further consideration could result in issues for the board,” Anami Dass, board chair, said.
Throughout the year, the board — and Dass especially — has assessed and investigated an array of challenges faced by thousands of people in Albuquerque who live on the streets and in city shelters. The board found those experiencing homelessness encounter widespread discrimination, stigma and exclusion by the public and city employees and contractors. It also found issues with the city’s housing voucher program and with conditions at its Westside shelter — Gateway West, formerly the Westside Emergency Housing Center.
Its preliminary findings published in July also said the city had been too aggressive in its handling of illegal encampments — including the disposal of personal belongings that sometimes contained legal documents and personal identification. Those experiencing homelessness regularly report that a main barrier to secure housing is a lack of proper identification.
“The City Attorney has identified multiple concerns about the [preliminary] report and the process in which it was created, including that the forum was improperly conducted, the board was not impartial in the forum, and the report contained claims without any evidence or support,” city spokesperson Staci Drangmeister, said in a statement last week. “Given the significant deficiencies, it is appropriate the board withdrew the [final] report.”
The forum was a board-sponsored public hearing in June at the International District Library, where many attendees criticized the city’s treatment of those experiencing homelessness. City Attorney Lauren Keefe said in July that assertions made at the hearing were little more than “generalities and hearsay.” She also said that city officials had been caught off guard by the board’s preliminary report and hadn’t been given a sufficient opportunity to respond to “some very, very severe allegations.” In addition, she said the board’s fact-finding and report-writing process was “very questionable.”
Dass disputes Keefe’s criticism and said city representatives have been invited to board meetings and events multiple times this year.
“But I chose to withdraw [the final report] because I didn’t want to attract too much negativity toward the board from the city,” Dass said.
She said maintaining a positive relationship with the city, or at least a neutral one, was more important in the end.
“The only power we have is a relationship with the city where we can advocate for things a bit louder than an individual person could,” Dass said.
Dass said she hopes, however, that the misunderstandings can be cleared up at the board’s next meeting scheduled for Sept. 19.
“This whole thing has been very confusing with misinformation and misinterpretation of the entire effort,” Dass said. “In no way was I trying to embarrass the city or was I trying to do any kind of ‘gotcha’ moment.”
Dass said going forward, she’s hopeful that the board will move on to other topics it’s passionate about.
“I would like to do good for all human rights and not just things that affect me personally,” she said. “The board is made up of a lot of amazing people and I want their voices to be heard for the rest of this year and beyond.”
In addition to being an outspoken advocate for those experiencing homelessness, Dass is a harm reduction specialist in the International District.
More information about the board’s Sept. 19 meeting is here. Dass has self-published what would have been the board’s final report on homelessness to the city here.
US judge unlikely to rule until next week as Arizona tribe fights to extend ban on lithium drilling - By Gabriel Sandoval and Scott Sonner, Associated Press
Members of an Arizona tribe urged a federal judge Tuesday to extend a temporary ban on exploratory drilling for a lithium project near lands they have used for religious and cultural ceremonies for centuries.
An executive for the Australian mining company that is trying to determine whether there is enough lithium to justify a commercial operation to help expedite production of renewable energy resources testified that every day of delay is costing it money.
The judge indicated she wouldn't decide for more than a week whether to grant the tribe's request or lift a temporary restraining order she issued last month.
The Hualapai Tribe says the energy exploration will harm lands it has used for ceremonies for centuries about halfway between Phoenix and Las Vegas.
Arizona Attorney General Kris Mayes said Tuesday her office shares the tribe's concerns that federal land managers who approved the project didn't adequately consider how the groundwater could be affected.
The case is among the latest legal fights pitting Native American tribes and environmentalists against President Joe Biden's administration as green energy projects encroach on lands that are culturally significant.
The Biden administration has made the increased production of lithium to help manufacture batteries for electric vehicles a key component of his clean energy agenda intended to help ease U.S. reliance on fossil refuels by developing new sources of renewable energy.
During a daylong hearing in U.S. District Court on Tuesday, Justice Department lawyers defended the Bureau of Land Management's approval of the drilling near Wikieup, Arizona, about 150 miles (241 kilometers) southwest of the Grand Canyon.
Paul Lloyd, managing director of the mining company Arizona Lithium Ltd, testified that losses resulting from further delay could reach "tens of millions" of dollars.
U.S. District Judge Diane Humetewa said at the close of Tuesday's hearing that she was taking the case under advisement. She gave lawyers on both sides until next Tuesday to summarize their arguments and more specifically respond to questions she asked about the government's compliance with the National Historic Preservation Act and the National Environmental Policy Act.
The tribe wants the judge to issue a preliminary injunction extending the prohibition on activity pending a trial on allegations the government failed to adequately analyze potential impacts to sacred springs that the Hualapai people call Ha'Kamwe,' which means warm spring.
The springs have served as a place of healing and prayer for generations, the tribe has said in court filings issued on its behalf by lawyers for the environmental group Earthjustice and the Colorado-based Western Mining Action Project.
Ka-Voka Jackson, director of cultural resources for the Hualapai Tribe, testified Tuesday that if the exploratory project goes forward, "the impacts would be irreversible damage."
Lawyers for Arizona Lithium have argued that the tribe's claims are speculative and that both the federal government and the mining company have presented evidence that lithium exploration is "a significant public interest as the nation strives to address climate change."
Backers of the project include the Navajo Transitional Energy Company, an entity that announced its plans in 2022 to join with the Australian company and work as a contractor on the project. NTEC said at the time that it would be an opportunity "to expand its role in furthering the clean energy economy."
The state of Arizona had stayed out of the dispute until the attorney general filed a motion Monday seeking intervenor status to argue in support of the tribe's bid to temporarily extend the drilling ban. The judge said she wouldn't decide before next week whether to grant that request.
Mayes wrote in the motion that the Bureau of Land Management "must do more to fully consider the Project's impact on a unique Arizona water resource — a spring with incalculable cultural value that has supported life in Arizona for generations."
"The Court should grant a preliminary injunction to ensure this matter can receive close attention from the Court before irrevocable action is taken," she said.
Investments are projected to be NM’s top revenue source in 15 years - By Nash Jones, KUNM News
Investments are likely to take over as New Mexico’s top revenue source in the next 15 years, according to new projections.
The state’s Consensus Revenue Estimating Group presented its long-term outlook on state government income to lawmakers on the Legislative Finance Committee Tuesday.
Chief Economist with the Taxation and Revenue Department Lucinda Sydow reviewed how investments in the state’s permanent funds are expected to grow.
“It starts to exceed income taxes in 2030,” she said. “And then, by 2040, this forecast would have it exceed gross receipts tax revenue, becoming the No. 1 source of revenue for the general fund.”
The permanent funds will distribute more than $2 billion this fiscal year, according to the New Mexico Department of Finance and Administration. By 2030, that could more than double to $4.7 billion.
It is not just tax revenue the investments are expected to surpass — but the state’s biggest money-maker, oil and gas revenue, as well. The upturn in investment income comes along with an expected downturn in fossil fuel production.
DFA Chief Economist Leonardo Delgado presented trend lines to the lawmakers.
“The state is currently on the upslope of these curves,” he said, “but we do see that there’s a leveling-off and a plateauing towards 2029 or 2030 for New Mexico oil production.”
All presenters cautioned lawmakers not to overly rely on long-term forecasts, as they can change over time.
City Council paves the way for new film studio - By Elizabeth McCall, City Desk ABQ
Albuquerque is one step closer to being the home to a new film studio after city councilors approved millions for the project during their meeting Monday.
Councilors unanimously passed an ordinance that would issue $7 million in city and state funds for a new film and television production campus for Mesa Film Studios LLC on Albuquerque’s West Mesa near Double Eagle II Airport.
While three residents urged councilors to vote down the bill arguing that there was no tribal consultation on the project, Economic Development Director Max Gruner confirmed the city went through the proper tribal consultation process.
Manny Manriquez, deputy director of Innovation and Commercial Development for the city’s Aviation Department, said they have followed the rules in terms of tribal notification and are working with Terry Sloan, the city’s intergovernmental tribal liaison.
“We intend to do this outreach and talk to as many of the tribal groups as we are able to before Mesa Film Studios’ site plan goes to the [Environmental Planning Commission] later on this fall,” Manriquez said. “We have an open-door policy.”
Manriquez also said they are scheduling meetings with Laguna Pueblo, Isleta Pueblo, Sandia Pueblo and other tribal entities.
Read more about tribal consultation here.
The project would be more than 285,000 square feet across 60 acres.
The city will issue $1 million in Local Economic Development Act (LEDA) funds and the remaining $6 million will come from state LEDA funds.
Bernalillo County is set to issue $186 million in industrial revenue bonds for the construction project.
FUNDING FOR NEW SOLAR PROJECT
Councilors also unanimously passed an ordinance that would issue $11 million for a new Ebon Solar LLC facility in Mesa Del Sol.
The city will provide $1 million in LEDA funds and the remaining $10 million will come from state LEDA funds.
Crackdown on vacant property owners, sidewalk sleeping on pause – By Elizabeth McCall, City Desk ABQ
Owners of vacant properties in Downtown Albuquerque will not see increased registration fees and sleeping on sidewalks in the area is still allowed — for now.
After dozens spoke Monday night against an ordinance that aims to tackle an increased number of vacant buildings and create new rules for sidewalks in Downtown, the City Council voted 8-1 to defer the bill until the next meeting.
The Downtown Vacant Buildings and Properties Ordinance — sponsored by Councilor Joaquín Baca — proposes putting more pressure on owners of vacant properties by requiring annual maintenance licenses, property inspections and vacancy registration fees.
The ordinance also includes “no obstruction zones” to prevent people from blocking sidewalks in the “Downtown Center.” The zones would prohibit “wrongful use of sidewalks,” which includes “sleeping, sitting, kneeling, crouching or lying down” and carrying banners or signs on sidewalks.
Albuquerque resident Diane McCash told councilors the ordinance reminds her of an “upscale club with a dress code meant to exclude those of us unable or unwilling to meet their standards.”
“What about my right to peacefully protest?” McCash said. “This ordinance has the potential to price people out of these rights, this free expression, but my free expression, my free speech, pales in comparison to our unhoused community members’ right to existence.”
However, some people spoke in favor of the ordinance.
Lisa Curtis, an Albuquerque lawyer, told councilors she bought the State Theater Building in a dilapidated state and argued the proposal would actually help those who are unhoused.
“The vacancy provision is right, the fine provision is right, the obstruction section is right,” Curtis said. “I was a special prosecutor for homeless women that were raped Downtown. We’re not doing enough to take care of them, leaving them here is not helpful. “
After City Councilor Nichole Rogers proposed to amend the ordinance by removing the “wrongful use of sidewalks,” councilors realized there were multiple amendments that proposed something similar.
Councilors decided not to vote on the ordinance until their Oct. 7 meeting — that way there can be a summary of the amendments to avoid confusion and redundancy.
The ordinance states that vacant buildings and properties are a health and safety concern, a “public nuisance” and a “private nuisance” to neighboring properties that may lose retail and property value because of the unmaintained vacant properties.
The proposed fees would be based on the square footage of the property and how many years the property has been vacant. Owners of vacant properties would be required to pay whatever their square footage base cost is multiplied by how many years their property has been vacant.
The money collected will be used for “funding enforcement activities” such as property inspections, according to the ordinance.
NM lawmakers get training to hire district staff - By Austin Fisher, Source New MexicoAbout 16 percent of lawmakers have taken the required training to build field offices and hire staff to work in the places they represent across the state.
Lawmakers can choose whether to hire a district legislative aide. If they do, they must go through human resources training, according to policy adopted in June by the Legislative Council, the committee made up of representatives and senators that oversees all lawmaking between sessions.
Eighteen lawmakers have gone through the training so far, newly appointed Legislative Council Director Shawna Casebier said at a virtual meeting on Monday. There are 112 total seats in the House and Senate.
Fourteen district legislative aides have been hired, along with one district office manager, Casebier said. She did not specify which lawmakers hired them.
According to the policy, district legislative aides will be responsible for correspondence, scheduling, policy research, local constituent services, organization of nonpartisan town halls, and other duties assigned by the lawmaker as appropriate. Aides are explicitly prohibited from any election or campaign related work.
Any lawmaker without opposition in the upcoming elections, became eligible on Sept. 1 to hire district legislative aides, said outgoing Legislative Council Service director Raúl Burciaga during a previous meeting.
If the incumbent in a contested race wins in November, they can start hiring staff Dec. 1. Newly elected members will be able to hire in April 2025, Burciaga said.
A working group made up of Legislative Council Service staff is meeting to address questions that have come up in the rollout of lawmakers’ district offices, Casebier said. The group is considering potential revisions to the legislative district office policy, she said.
The Legislative Council’s next meeting is tentatively scheduled for Oct. 25. Casebier said she intends to have some recommendations for the Council then.
Sen. Antoinette Sedillo-Lopez (D-Albuquerque) said she wanted lawmakers to be able to use their district staff when the Legislature is insession as a legislative aide in Santa Fe, as well.
“I understand that’s not allowed, and I see that’s a real problem,” Sedillo-Lopez said. “Since I’m working with that individual on legislation, the idea of training a new person during the session seems kind of silly.”
Casebier said the working group is looking at the issue. Session staff are supposed to be hired by the chief clerks of the House and Senate, she said, and there is limited office space in the Roundhouse.
“To date, we have discussed that (district legislative aides) will not be working as session staff, in particular, that the position is focused on work in the district, but it’s certainly an ongoing discussion as part of those working group discussions,” Casebier said.
Sedillo-Lopez said it does not make sense to hire one legislative aide at the district level and hire a second one for the session.
“One idea that was thrown out was to have the staff resign from this position and then get hired on — which again, seems kind of silly to me,” Sedillo-Lopez said.
The Legislative Council Service has hired new staff to support current operations and additional support needed for district offices and district legislative aides, Casebier said.
The new hires include a web developer, a network administrator, two computer specialists and four new human resources workers, she said. The Legislative Council Service wants to hire two additional accounting staffers this fall, she said.
Rep. Dayan Hochman-Vigil (D-Albuquerque) asked when there will be guidelines to rent and furnish district offices.
Casebier said there isn’t a specific guide, but one is in the works.
She said current policies require the Legislative Council Service to approve leases and ensure any furniture is properly purchased or leased under the state’s procurement code.
The policy lets lawmakers pick where their district office will be, but requires them to consider public spaces before they seek out a space in the private market.
House Speaker Javier Martinez, who chairs the council, encouraged lawmakers to look for places they can rent for free like community centers, senior centers, universities or colleges, especially those representing urban areas.
“That’s not an official policy necessarily but I would certainly encourage us all to look for those options before we enter into any type of expensive lease agreement,” he said.