Truth or Consequences city commissioners passed a resolution setting policy on take-home vehicles that requires area residency for city employees but carves out an exception for police officers. The policy gives the city commission authority to consider allowing officers to take home patrol cars—even if they live in Las Cruces or farther away.
However, the police vehicle may be used only for city business under the new policy, which was justified by the possibility that a “call out” requiring an officer to immediately return to duty might occur while the officer is at home.
Commissioner Frances Luna objected to the carve out during a lengthy discussion about the policy at the July 28 commission meeting. She claimed that police officers living outside the city “are less vested in the community,” do not pay property tax or as much gross receipts taxes and will commute “on the city’s dime.”
When a call out occurs, Luna said, an officer “should drive to the city in their own vehicle [to pick up the police vehicle].” She pointed out that it would make sense to allow officers to live outside of the city but still within county boundaries if they were “cross-deputized.” Since such cooperation does not exist between the city police department and county sheriff’s office, “they should live in the city.”
City Manager Bruce Swingle agreed officers living outside the city are less vested, but the “new reality” of police officer recruitment throughout the United States means the city is competing with agencies “offering $5,000 to $20,000 sign-up bonuses.”
“I’m afraid we would lose some officers we have if we don’t allow them to take home police vehicles,” Swingle said.
“They may not want to uproot their kids [to move to T or C], and we need to give them an incentive,” Mayor Sandra Whitehead said, while also stating she agreed with Luna’s assessment. She asked new Chief of Police Victor Rodriguez: “Don’t you live in Belen?”
“Rio Rancho,” Rodriguez responded. As part of the chief’s contract, the city has provided him with a rent-free home at the municipal golf course that he has yet to occupy, perhaps because, as Swingle mentioned, Rodriguez has a son who is a senior in high school.
Mayor Pro Tem Amanda Forrister said that the recruitment of both city employees and police officers would suffer if the city required that all new hires live in town. Her fellow commissioners eventually approved a resolution that allows city employees whose on-call jobs require a take-home vehicle to live up to 30 miles away. Police officers were exempted from any distance requirement. The new policy, Swingle assured the city commission, requires that all requests to award an employee a take-home vehicle will first come to the commission for approval.
The Sun later asked Swingle whether recruitment of T or C police officers has been affected by the salary the city offers. The Sun also asked if the city police department still has control over the local-option gross receipts tax of .25 cents passed by the city commission about 10 years ago. That tax was instituted to give T or C the ability to offer competitive salaries that would attract and retain police officers.
T or C borrowed $580,000 from the police department GRT in 2018 and 2019 to build the city animal shelter, Swingle said during a July 29 interview. It has paid back a total of $569,000. Currently, the police department has accumulated about $800,000 in GRT revenue. In recent years those revenues have been dedicated to funding annual raises of $1.50 an hour. Rodriguez, who joined the force about three weeks ago, will decide whether the $1.50 per hour raise will be given again this year, Swingle said.
The city manager acknowledged that T or C police salaries still may not be competitive enough. “We offer salaries higher than the county sheriff’s office,” he said. “We don’t offer salaries higher than the state police. We may have to offer higher salaries.”
Other factors are at play in the nationwide police recruitment problem, Swingle claimed. “It’s the scrutiny,” he said. “There were several anti-law enforcement bills introduced during the last [session of the state] legislature. And we’ve abandoned behavioral health nationwide; people call the police.”
The question of whether the city needs to pay the police department the remaining money borrowed from its GRT was raised by Commissioner Luna during a May 7 budget session. Luna argued that building an animal shelter could fall under the larger definition of “public safety.” She also argued that the GRT should be used for purposes other than salaries.
Whether the city police will retain control over the local-option GRT was never resolved, Swingle said, “and at this point the question is moot.”
State legislation passed in March, Swingle said, erased separate accounting of all the types of local-option gross receipts taxes levied by counties and cities, lumping them into one category. The change eliminated a massive administrative headache for the state, which no longer has to track numerous separate GRT funds. “But they still charge a 10 percent administrative fee,” Swingle noted.
Carol Kirkpatrick, T or C’s chief financial officer, still keeps track of the city’s separate GRT funds, the city manager said. But the city now deposits all GRT revenue in the General Fund, including the police GRT.
The city has advertised for police officers since July 7, with no response, Swingle told the city commission. Ads have been posted on the city’s website, in the Sierra County Sentinel, on the Policeone.com website and on the New Mexico Workforce Solutions website.
“We are looking for qualified candidates,” Rodriguez told the city commission. “I’d rather work shorthanded than with the wrong person.”