Police Complaints

Official complaint about Linda Martinez and POC bias

From: Mike Moya
Date: Wed, Nov 7, 2012 at 4:29 PM
Subject: Complaint about POC Commissioner
To: “Doug Lutz, Constituent Services” < dlutz@cabq.gov >
Cc: Councilor Don Harris < dharris@cabq.gov >

Mr Lutz,

I am writing with a complaint about an appearance of bias on the
Police Oversight Commission. According to POC Rules and Regulations:

7-A. The Police Oversight Commission will not address complaints
against another commissioner. All Complaints of this nature will be
forwarded to the Mayor’s liaison to the POC.

Since you represent the mayor’s office at POC meetings, I am directing
this complaint to your attention.

Linda Martinez has served on the POC since 2007 and is the current
chairperson. I have learned that she is also a national trustee and
former president of the Fraternal Order of Police Auxiliary and
Albuquerque lodge
. As you likely are aware, the FOP is a pro-cop
advocacy group that works nationally to advance what they call a
“pro-law enforcement agenda.” The local FOP lodge, of which Ms
Martinez remains an active member, claims on their Web site to be “the
VOICE of law enforcement in New Mexico.”

Most importantly, the Fraternal Order of Police has an official
position, explicitly stated on their public Web site, of opposing any
“Legislation which would create or fund ‘civilian review boards’ of
law enforcement at any level of government”.

The Police Oversight Commission is just such a “civilian review board”
that the FOP opposes. In other words, the Fraternal Order of Police
officially opposes Albuqerque City Ordinance 9-4-1-4, The Police
Oversight Ordinance.

The Fraternal Order of Police officially opposes the work of the
Albuquerque Police Oversight Commission.

Allowing a past president, member, and national trustee of the
Fraternal Order of Police to serve on the Police Oversight Commission,
a “civilian review board” specifically opposed by the FOP, obviously
creates at least an appearance of pro-police bias. Martinez’ position
as commissioner and especially as chairperson vitiates the impartial
character of the Police Oversight Commission and can only damage
public confidence in the quasi-judicial determinations issued by the

The POC Rules and Regulations state:

6-F-1. Commissioners should err on the side of caution and withdraw
from any proceeding in which there is an appearance of a conflict of

Linda Martinez should be recused immediately from the Police Oversight
Commission for this appearance of bias and Councilor Don Harris should
be asked to nominate a new commissioner of unquestionable

All the claims in this email are thoroughly documented on the
following Web page, with citations linking to Web pages and documents
published by the Fraternal Order of Police:


The Police Oversight Commission meets tomorrow, Thursday, at 4:00 PM.
They will be hearing an appeal of a citizen police complaint. Ms
Martinez should not be allowed to chair the appeal process or vote on
its disposition. Immediate action is necessary. I will phone you
tomorrow to discuss the matter.

Thank you for your attention to this extremely serious matter.

Mike Moya