Albuquerque Journal from Albuquerque, New Mexico • Page 23

METROPOLITAN Classified Comics 4-11 12 Wednesday, April 27, 1994 Albuquerque Journal Page 1, Section Bpect9iName Public AG Says By Steve Shoup JOURNAL STAFF WRITER sources, methods, information or individuals accused but not charged with a crime is confidential and dissemination is unlawful," the new law said, in part. However, the opinion concluded, the intent of the law cannot be determined simply by reading that section. The entire state Inspection of Public Records Act must also be considered, according to the opinion. "It seems pretty clear to me that (the identity of) anyone who's arrested or is a suspect is public, unless it is a suspect who's become an informant and they want to protect his life, which is what they've been doing all along, anyway," said Bob Johnson, executive director of the New Mexico Foundation for Open Government, which opposed APD's records policy. APD attorney Mark Drebing said Tuesday the opin ion was advisory and didn't have the force of law, but the APD probably would stop blacking out reports.

"Drebing said he'd meet with APD administration this week or next about changing the policy. An interpretation was requested in a letter sent to Udall last fall by the author of the bill that created the law, Sen. Gary Don Reagan, D-Hobbs, and co-sponsor Martin Chavez, the former Democratic state senator, now mayor of Albuquerque. Reagan and Chavez told Udall in their letter that the APD's policy of blacking out the names and descriptions of suspects made it difficult for crime victims to identify and file charges against the suspects. APD began the practice last July.

Although he opposed the police practice, Chavez said 1 The Albuquerque Police Department shouldn't black i out the names of criminal suspects on reports released I fo the public, according to a state Attorney General's opinion. i "With limited information about per-1 sons arrested for or suspected of committing crimes is public," according to the opinion released Monday. i and other police agencies last year began censoring police reports that named and described sus-' pects, based on changes the Legislature made in the Arrest Record Information Act in 1993. "Arrest records information that reveals confidential Global Rhythm he sought no administrative action as mayor to bar it because the attorney general's opinion was awaited. "I thought it would be better to wait and see how it came out," Chavez said Tuesday.

"Now, this will be circulated to counsel for APD, and they'll comply." The law was intended to protect informants, sting operations and sealed indictments but not suspects named in police reports, Reagan and Chavez said in their request to Udall. They also argued that APD's interpretation conflicted with another section of the same law, which says original records of entry such as police, traffic, accident or court records are open to public inspection. Associated Prsss matsrlal was Incorporated Into this report Plan To Split APS Divides Study Group Some Want More Time To Mull Complex Issues By Tracy Dingmann rrr 7 1 JOURNAL STAFF WRITER I A Spending Plans Worry Councilors Panel Defers Action On Appropriations Bill By Chuck McCutcheon JOURNAL STAFF WRITER Some councilors say they're concerned that a request by Mayor Martin Chavez's administration to spend millions for various projects could lock them into raising future and sewer rates. councilors also say they're worried about the impact the Public Vorks Department's request for project funding might have on efforts to study how developing wetlands could help clean up Albu- querque's wastewater. of such concerns, the council's Finance and Government Operations Committee voted this week to defer until May 23 action on a bill that would appropriate $31.7 million for the various projects.

The projects include water line replacements, improvements to the city's South Valley wastewater treatment plant and other renovations. Of the $31.7 million sought by Public Works, $5 million is available from bonds that have been issued but from which money has not yet been appropriated. Another $4.6 million is available from other sources. Several councilors said they're concerned the city has no revenue source for the remaining $22 million. They said they fear water and sewer rates eventually would have to be increased to cover those costs.

"If the council approves this bill, we are approving a rate increase for the future," Councilor Vickie Perea said. "It all comes home to roost. We've got to have the money there." The proposed $588 million budget that Chavez sent to councilors last month does not call for a water or sewer rate increase. Councilor Deborah Lattimore said she shared Perea's concerns, -adding, "You don't approve $22 million in projects without deciding in advance where the money's coming from." Lattimore also said she's troubled by a section of the bill that would allocate $3 million to begin engineering work to remove ammonia from the city's wastewater. ICity officials have said they expect to spend around $60 million on ammonia removal as part of their recent settlement with the US.

Environmental Protection Agency and Isleta Pueblo over water-quality standards for the Rio Grande. If the city begins the engineering studies, Lattimore said it could preclude looking at wetlands, which ue plants to clean wastewater through a natural process. we blown off constructed After meeting for a year, members of a committee studying whether Albuquerque Public Schools should split into smaller districts say the issue is more complicated than anyone had realized. The state Legislature created the committee last year to study the feasibility of splitting up the district. The move was pushed by state Rep.

Delano Garcia, D-Bernalillo, who has claimed that APS's size makes it fiscally irresponsible and unresponsive to the community. The committee is supposed to give a recommendation to the State Board of Education in June, but some members think they'll need more time. "The progress of the committee has been slow. Very few of the committee members have been showing up," said Diego Gallegos, one of two APS board members on the committee. "Maybe some people thought this would be something where we'd go in, get out and away we go.

But there are so many potential ramifications, maybe they're getting frustrated." Gallegos said one of the questions facing the committee is whether APS could be divided without forming one or more districts heavily made up of people who are minorities or of low socioeconomic status. Cre-, ating districts that are economically disadvantaged or that have a disproportionate number of minorities could get APS in trouble with the U.S. Office of Civil Rights, he said. The committee is waiting for a legal opinion on that question, Gallegos said. Basically, Gallegos said, the group feels dividing APS would make the local school system more responsive to citizens.

However, he said splitting the district would cost taxpayers more because the services provided by APS would have to be replicated in each of the new districts. Members of the committee are too divided to form a recommendation today, Gallegos said. "The split is pretty wide," he added. rrr-rrr. 71 -r -3) BOVE, Montezuma 0 Elementary student Kaitlin Calles plays the African song "Kee Chee" using Orff instruments Tuesday during an International Day celebration at the school.

At right, students Shannon Summers, left, Leah Woods and Charlene Pullen perform a traditional New Zealand song. A number of workshops were available for students offering music, games and songs from countries around the world. i Parent and committee member Scott Stapp said he'd be unable to make a decision now. "APS, because of it's size, is at a certain disadvantage. Whether breaking up the district would be required to correct it, I don't know," he said.

Stapp said committee members have shared the negative views of APS that they've picked up in the community, specifically the perception that APS is a wasteful bureaucracy that has lost programs needlessly through fiscal unaccountability. Stapp said the group is studying several proposals keeping APS as it is, splitting it into five or fewer districts, splitting it into five or more districts or splitting the district in some way while maintaining a central fiscal management unit. Under the last option, the districts would be free to ROSE PALMISANO JOURNAL Seminar To Focus on Metro Court set their own educational policy but would purchase services through the central office. Stapp said he's in favor of asking the state board for more time to study the issue. Despite the reluctance of some committee members, committee chairman Tom Thornhill says he'll push for a June recommendation.

"I feel like we're in a pretty reasonable position to make knowledgeable recommendation to the board in June," said Thornhill, a local businessman. tions. We get a lot of questions about DWI and domestic violence." Today's Law School is sponsored by the Young Lawyers Division of the State Bar of New Mexico and The Albuquerque Journal. Nicole Shamban, program coordinator and moderator, said a last year's seminar on Metropolitan Court was popular. "This program was done in January of 1993, and it's one of the more successful programs," Sham-ban said.

"About 130 people registered and that's a pretty large number for the State Bar offices to hold, considering it holds 100 people comfortably." For reservations, call 842-6132. The topic of Today's Law School a series of legal seminars offered free to the public for this month is "What You Should Know About Metropolitan Court." The program will be from 6:30 to 8 p.m. Thursday at the State Bar Offices at 121 Tijeras NE in the Springer Square Building. Metropolitan Court Chief Judge Theresa Gomez will offer information about legal proceedings in the Bernalillo County Metropolitan Court whose jurisdiction includes traffic offenses, misdemeanor crimes, and some civil complaints. "I'll explain how to represent yourself in Metro Court and defend yourself in a criminal case as well," Gomez said.

"Then I'll open it up for ques "I think we have enough information, and I'll be try- I jrVa i Vikii I ing group to reach a consensus in the next 0 get the gi meetings." to get the meet i rvysySL I four Funeral Ends Uncertainty for Francia Family By Scott Smallwood she asked. A study group of city and Bernalillo County officials and residents said in a December report that the city and county should explore the use of wetlands as a method of treating wastewater. Jn response to councilors' concerns, members of Chavez's administration said other factors besides Public Works' spending dictate whether a rate increase is necessary. Those factors include the city's economic health. Public Works Director Bob Gurule also said his new funding request isn't out of line with the way the department has approached the council in the past.

'Usually, we have to defend why we're having a rate increase," he said. "Now we have to defend why wfe're not having one." As to concerns about wetlands, Gprule said he doesn't think the city has enough time to study the idea in connection with ammonia removal. Purule noted that city officials have been given less than four years to meet the terms of their settlement with EPA and Isleta Pueblo. "For this particular project, (constructed wetlands) may not be time-lyj" he said. JOURNAL STAFF WRITER decided to proceed with the funeral, Larry Francia said Tuesday.

"Our hope is over that he will be able to walk home again," he said. "I just don't understand how (anyone) could be so mean." Paul Daniel Richardson, little to go on," he said. The funeral marks the end of the uncertainty, but not much else. "It will never be over. The questions will always be (The funeral) takes some of the pain away, but it will always be with us in our hearts," Larry Francia said.

Visitation will be today from 2 to 5 p.m. at the Garcia Mortuary Chapel. Mass will be eel-; ebrated at 11 a.m. Thursday. Interment will at the Fairview Memorial Park Ceme-; tery.

Pictures of Jonathan are prominently dis-played in the Francia's living room. "Jesus took Jon. He will be with the Lord," Larry Francia said. "That is the only under- -standing we can hnv." Larry Francia called Richardson a "big-time coward." He said that Richardson's death made him very angry but added he was "glad someone is going to pay." That someone, at least to Larry Francia, is Trena Richardson, Paul's 21-year-old wife, who was arrested last week and charged with conspiracy to commit murder, two counts of hindering prosecution and theft. She had been married to Richardson less than a month when Jonathan Francia was killed.

She is being held in Coconino County Jail. Police and the FBI are still searching for a suspected accomplice known only as "Jason." Larry Francia said the FBI and other authorities have done their job well. "It's hard to put the pieces together when vou have so More than four months after his charred remains were found in the trunk of a car near Winslow, Jonathan Francia's body finally will be laid to rest Thursday. The FBI has not changed its position that the body found Jan. 13 by Navajo police was indeed that of Francia, who disappeared from a JB's Restaurant parking lot in Albuquerque the day before.

What has changed is that Francia's family has come to accept that finding. The family, especially the victim's father, Larry, had long held out hope that the body was not Jonathan's. This week the family 27, was arrested Feb. 2 Francia: and charged with kidnap- Disappeared in ping and car theft in January Jonathan's disappearance. Two days later, Richardson hanged himself in his Flagstaff jail cell.

He died Feb. 11..