Reynaldo Chavez Complaint

SECOND JUDICIAL DISTRICT COURT
COUNTY OF BERNALILLO
STATE OF NEW MEXICO
REYNALDO L. CHAVEZ,
Plaintiff,
No.:
vs.
CITY OF ALBUQUERQUE ex rel
ALBUQUERQUE POLICE DEPARTMENT
GORDEN EDEN, JR. in his individual and official capacity,
WILLIAM SLAUSEN in his individual and official capacity,
KATHRYN LEVY in her individual and official capacity,
and ROBERT HUNTSMAN in his individual and official capacity,
Defendants.
VERIFIED COMPLAINT FOR DAMAGES RESULTING FROM

BREACH OF CONTRACT, CIVIL CONSPIRACY, SPOLIATION, AND
VIOLATIONS OF THE NEW MEXICO WHISTLEBLOWER PROTECTION ACT
Recognizing that a representative government is dependent upon an informed electorate, the
intent of the legislature in enacting the Inspection of Public Records is to ensure, and it is
declared to be the public policy of this state, that all persons are entitled to the greatest possible
information regarding the affairs of government and the official acts of public officers and
employees. NMSA 1978, 14-2-5 (1993)
1. This action is brought by Plaintiff Reynaldo L. Chavez against the City of Albuquerque
and current and former City of Albuquerque employees of the City of Albuquerque Police
Department under common law and claims pursuant to the New Mexico Whistleblower
Protection Act, NMSA 1978, 10-16C-1 et seq.(WPA).
2. Under Section 10-16C-3(A) of the WPA, a public employer shall not take any retaliatory
action against a public employee because the public employee communicates to the public
employer or a third party information about an action or failure to act that the public employee
believes in good faith constitutes an unlawful or improper act.
3. Under 10-16C-3(C) of the WPA, a public employer shall not take any retaliatory action
against a public employee because the public employee objects to or refuses to participate in an
activity, policy or practice that constitutes an unlawful or improper act.
4. The WPA reflects the New Mexico Legislatures commitment to protect public employees
who come forward and disclose unlawful conduct in government, or who refuse to join that
unlawful activity
I. JURISDICTION AND VENUE
5. Mr. Chavez incorporates all previous paragraphs as fully set forth herein.
6. This action is brought pursuant to this Courts original jurisdiction under Article VI,
Section 13 of the New Mexico Constitution, common law, and NMSA 1978, 10-16C-1 et seq.
7. Plaintiff was formerly employed by the Defendant City of Albuquerque and is a proper
party to bring this action under NMSA 1978, 10-16C-1 et seq because Defendant City of
Albuquerque is a public employer as defined under the WPA and Plaintiff was a public
employee as defined under the WPA.
8. All of the allegations contained herein occurred while Plaintiff was a City of Albuquerque
employee and occurred in the County of Bernalillo of the State of New Mexico.
9. Venue is proper in Bernalillo County pursuant to NMSA 1978, 38-3-1.
10. The unlawful and or improper acts alleged herein were committed within Bernalillo
County, New Mexico.
11. The necessary notice requirements of NMSA 1978, 41-4-1 et seq., if applicable, were
satisfied when Plaintiffs allegations were publicly broadcasted on television by local NBC
affiliate KOB-4 on May 1, 2015 under the headline, APD Records Custodian plans to file
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whistleblower lawsuit against department.1 Plaintiff Chavez furthermore satisfied such notice
requirements, if applicable, with his September 4, 2015 Tort Claims and Right to Sue Notice
submitted to Albuquerque Mayor Richard J. Berry. See September 4, 2015 Letter to Richard J.
Berry incorporated herein as Exhibit #1.
II. PARTIES
12. Plaintiff Chavez (Mr. Chavez) incorporates all previous paragraphs as fully set forth
herein.
13. Defendant City of Albuquerque is a political subdivision of the state, has its principal
place of business in Bernalillo County, and is recognized as both a person and as a public
employer under the WPA.
14. Defendant Gorden Eden, Jr. is the Chief of the Albuquerque Police Department, was
superior in rank and position over Mr. Chavez, and is a resident of Bernalillo County, New
Mexico. Defendant Eden furthermore was an officer of the Defendant City of Albuquerque as
defined by the WPA.
15. Defendant Kathryn Levy at all times material to this complaint was an employee of the
City of Albuquerque, held the position as legal counsel for APD, was superior in rank and
position over Mr. Chavez, and upon information and belief a resident of Bernalillo County, New
Mexico. Defendant Levy furthermore was an officer of the Defendant City of Albuquerque as
defined by the WPA. While Defendant Levy held the position as APD legal advisor, any
immunity from liability she may have held was waived when she involved herself with unlawful
and improper actions involving Mr. Chavez.
Defendants publicly acknowledged Plaintiffs claims in their response to CBS television affiliate KRQE-13 on
August 28, 2015 when they called Plaintiff a disgruntled former employee who had outlandish claims. See
http://krqe.com/2015/08/28/former-albuquerque-employee-says-city-hid-evidence-in-high-profile-cases/.
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16. Defendant William Slausen at all times material to this complaint was an employee of the
City of Albuquerque, holds or held the position of Executive Director of APDs Administrative
Support Bureau, was superior in rank and position over Mr. Chavez, and upon information and
belief is a resident of Bernalillo County, New Mexico. Defendant Slausen furthermore was, or
still is, an officer of the Defendant City of Albuquerque as defined by the WPA.
17. Defendant Robert Huntsman at all times material to this complaint was an employee of
the City of Albuquerque, holds or held the position of Assistant Chief of the Albuquerque Police
Department, was superior in rank and position over Mr. Chavez, and upon information and belief
a resident of Bernalillo County, New Mexico. Defendant Huntsman furthermore was, or still is,
an officer of the Defendant City of Albuquerque as defined by the WPA.
18. Mr. Chavez at all times material to this complaint was an employee of the City of
Albuquerque, held the position of Defendant Citys Records Custodian and subordinate to all
individual defendants. Mr. Chavez furthermore was public employee of the Defendant City of
Albuquerque as defined by the WPA.
19. Defendants have no immunity to any of the claims of harm in this complaint as there is a
statutory basis for the claims and or Defendants waived any available doctrine of immunity as
their acts were outside the scope of their duties, the damages caused by Defendants individual
and combined actions caused property damages to Plaintiff, and such damages were the result of
malicious or fraudulent conduct by Defendants.
III. GENERAL FACTUAL ALLEGATIONS
21. Mr. Chavez was hired for the position of Central Records Supervisor and Records
Custodian for APD of the Albuquerque Police Department (APD) by Defendant City of
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Albuquerque in June of 2011.

22. Mr. Chavezs initial hiring was for a probationary period which lasted approximately six
months where after he was assigned a permanent position as a classified employee of the City of
Albuquerque on December 3, 2011.
23. Mr. Chavez was the designated custodian of public records for APD pursuant to
NMSA 1978, 14-2-7 (2011) and as further defined by NMSA 1978, 14-2-6 (2013), both
subsections of New Mexicos Inspection of Public Records Act (IPRA).
24. In compliance with the statutory requirements of NMSA 1978, 14-2-7 (2011), in
addition to other assigned duties, Mr. Chavez was tasked, by Defendants to:
A. receive requests, including electronic mail or facsimile, to inspect public records;
B. respond to requests in the same medium, electronic or paper, in which the request
was made in addition to any other medium that the custodian deems appropriate;
C. provide proper and reasonable opportunities to inspect public records;
D. provide reasonable facilities to make or furnish copies of the public records during
usual business hours.
25. As a consequence of being APDs Records Custodian, when parties brought forward
legal actions against the City for alleged violations of IPRA, Mr. Chavez was named as a party to
lawsuits.
26. In addition to his hourly pay, the City provided other financial benefits including medical
and dental healthcare, pension contributions, a city automobile, private paid parking, a credit
card in the Citys name with purchasing authority, remote computing access from home, use of
City gym facilities, unrestricted access to APDs Chief of Police, and other benefits.
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27. On November 18, 2013, City Chief Administrative Officer Robert J. Perry (CAO
Perry) approved Mr. Chavezs promotion to the position of IPRA Supervisor and whereafter
Mr. Chavezs pay increased to $30.00 per hour.
28. APDs Chief Raymond D. Schultz selected Mr. Chavez for APDs Civilian of the
Month award in August, 2012. See Department Memorandum 12-68 incorporated herein as
Exhibit #2.
29. Mr. Chavez also earned and was awarded APDs 2012 Civilian of the Year award.
30. At no time while employed by the City of Albuquerque did Mr. Chavez receive a
deficient employment performance review or be placed on a corrective employment performance
improvement plan.
31. Mr. Chavezs job description, duties, and responsibilities included, but were not limited
to restructuring the process of how APD received and responded to Inspection of Public Records
Act (IPRA) requests, receiving IPRA requests, coordinating the gathering of records held by
Defendant City of Albuquerque and APD, satisfying IPRA requests, and responding to
subpoenas served upon APD as well. Mr. Chavez furthermore would frequently meet with
parties who sought to physically view large volumes of public records and would provide an
office whereby such parties could review records.
32. In determining what records were responsive to IPRA requests, Mr. Chavez had limited
discretion and was required to seek approval for records releases from Defendants.
33. As APDs Records Custodian, Mr. Chavezs name was publicly presented by Defendants
as the point of contact for all persons seeking to submit IPRA requests to APD. Such public
presentments included Mr. Chavezs name being listed on the Citys website, being referred to
by APD personnel in public statements, and being the identified as the providing person for
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production of all IPRA records to requesting parties.

34. Additional duties Defendants assigned to Mr. Chavez included:
a. Develop, create, and maintain an electronic database to track all IPRA requests
from the initial request to final dissemination of public records.
b. Develop and format procedures so that other City departments, such as the City
Clerks Office, may implement his processes for IPRA requests submitted to them
and to serve as a benchmark for all other city records custodians.
c. Complete organizational assessments of other APD units.
d. Train other City managers in systems design, development, and implementation.
e. Assist APD Commanders and Deputy Chiefs in the writing of academic papers
while they were attending the Federal Bureau of Investigations National
Academy in Quantico, Virginia.
f. Draft written applications for United States Department of Justice Grants (JAG
grants).
g. Assignment to APD committees included the Employee Work Plan committee,
Customer Satisfaction Survey committee, Organizational Assessment committee,
and the Patrol Maintenance Survey committee in addition to others.
35. The City provided to Mr. Chavez one Apple iPhone, two Apple iPads, a premium
high performance Hewlett Packard desktop computer, a four-Terabyte external hard drive, and
large volume scanning equipment (purchased with JAG grant funds) in support of his positon
along with a large private office.
36. At the direction of Defendants, Mr. Chavez created a database on his desktop computer
and backed up the database on the external hard drive which cataloged information about each
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IRPA requestor and all of the materials related to a given IPRA request in support of his position.
This database included:
a. Identification of the requestor.
b. Date of request.
c. Date of prior requests.
d. Date of entry.
e. Relevant APD case number(s).
f. All emails between Mr. Chavez and the requestor, and emails between Mr.
Chavezs staff and to requestors.
g. All emails between Mr. Chavez and city personnel relating to the materials sought
by the requestor as well as emails from Defendants.
h. All materials related to the IPRA request.
i. IPRA Requests related to Bernalillo County Sheriffs Department cases.
37. Upon information and belief, Defendants tasked Mr. Chavez to build this database as a
means to gather intelligence on various persons and entities who sought information under IPRA
from the City.
38. As Records Custodian, Mr. Chavez supervised two City employees. In support of
the new unit, APD contracted with Select Staffing, Inc. to provide up to three temporary workers
to assist in receiving, processing, and responding to IPRA requests. With the volume of IPRA
requests received by APD numbering up to two dozen requests a week, Mr. Chavez divided the
workload into four categories: high profile requests, media requests, citizen requests, and law
firm requests. Of those, Mr. Chavez processed the highest profile requests with the other two
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employees handling the other requests. Support activities were assigned to employees of Select
Staffing, Inc.
39. Individual Defendants decided what requests were considered high profile and
thereafter specifically assigned Mr. Chavez direct responsibility to respond to those specific
requests they identified as high profile.
40. Among the high profile IPRA requests Mr. Chavez was as Records Custodian tasked
with specific responsibility to address included, but was not limited to, requests concerning:
attorney Mary Han, APD police officers Robert Woolever and John Doyle, Bernalillo County
District Attorney Kari Brandenburg, APD use of force (2011 through 2015), APD Intelligence
Unit (SID/Special Investigations Division), APD Internal Affairs Unit, the Police Oversight
Commission, every APD officer involved shooting including James Boyd and Mary Hawkes, all
citizen requests from Mr. Silvo DellAngela and Mr. Charles Arasim, the shooting death of
Jaquise Lewis, the shooting/in custody death of Dale Lusian, large citizen protests against APD,
and Taser International, matters involving APD Chief Raymond Schultz, APD police officers
Jerry Rauch and Cedric and Greer, APD officer involved shooting of APD Detective Jacob
Grant, APD police officer Pablo Padilla, and others.
41. In support of fulfilling his duties and responsibilities of his position, Mr. Chavez
requested records from APD units and departments including: documents, lapel camera video,
belt
tape
audio,
field
investigative
reports,
photographs,
homicide/detective
interviews/investigative reports, tactical operation plans, citizen police complaints, cell phone
video, cell phone audio, full supplemental reports, witness statements, safe-house interviews, text
messages, and email correspondences responsive to a given IPRA request.
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42. Upon collection of responsive records, Mr. Chavez was thereafter required to seek
approval or confirmation from Defendants who individually and or collectively functioned as his
supervisors concerning the records to be released. Such employees included Defendant Levy as
APDs legal advisor, Defendant Slausen as executive director of APDs Support Services
Bureau, Defendant Eden, Jr. as APDs Chief of Police, and Defendant Huntsman as APDs
Assistant Chief of Police.
43. Defendants individually or in aggregate would thereafter would instruct Mr. Chavez to
deny, withhold, obstruct, conceal, or even destroy records from matters from being produced in
contravention to the IPRA by:
a. Asserting to Mr. Chavez that records would not be released without any
explanation other than this wont be released or words to that effect. Defendant
Levy frequently stated simply, there are items we just will not release and we
will just pay the fines or lawsuits.
b. Instructing Mr. Chavez to creatively identify an allowable exception the IPRA to
withhold production of responsive public records in an effort to baffle or
frustrate the requestor or otherwise burden them.
c. Instructing Mr. Chavez to withhold records after Defendants themselves identified
exceptions under the IPRA to withhold production of responsive public records.
d. Instructing Mr. Chavez to arbitrarily delay production of responsive public
records without justification supporting such delay.
e. Instructing Mr. Chavez to fabricate reasons to burden requestors with additional
requirements when such requirements were not needed such as case numbers or
increased particularity in a given request. See December 4, 2012 email to
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Attorney Rosario Vega Lynn requiring her to identify particular parties in emails
sought pursuant to her request when such identification was unnecessary attached
herein as Exhibit #3.
f. Instructing Mr. Chavez to overproduce materials to requesters thus requiring a
given requester to spend time consuming hours sifting through boxes of irrelevant
materials when no such responsive records were produced. For example,
Defendant Levy specifically instructed Mr. Chavez to produce boxes of records
for KRQE-13 reporter Kim Holland of non-responsive material related to her
requests concerning the United States Department of Justice investigation of
APD. Such boxes of material were not relevant to the request but will take up her
time and tire her out or words to that effect as expressed by Defendant Levy.
44. Actions by Defendants as identified, but not limited to, in Paragraph 42 were unlawful or
improper as they were, including but not limited to, in violation of IPRA.
45. At no time did Mr. Chavez delete or destroy, or cause to delete or destroy any public
records.
46. Mr. Chavez would receive after hour phone calls, text messages, and emails from
Defendants, including but not limited to Defendant Levy, whereby concerns about pending IPRA
matters were discussed or new incidents that would be reported the following day. Such phone
calls frequently occurred late in the evening or early hours of the morning, and on the weekends.
47. Upon information and belief, at their discretion Defendants tactically coordinated the
release of high profile public records to requesting parties and to selected media outlets on
days before weekends or holidays. Such coordination was designed to take advantage of reduced
media exposure regarding the released materials.
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48. Mr. Chavez objected to, and protested, and expressed grave concern about Defendants
unlawful or improper actions.
49. Mr. Chavezs objections and protests of Defendants wrongful action included: verbal
statements to Defendants alerting them to their unlawful or improper acts, requiring Defendants
to articulate the basis for the withholding of responsive public records in writing since Mr.
Chavez would have to cite himself as the legal entity withholding the record and thereby
becoming susceptible to legal proceedings, issuance of an order to him to withhold the
responsive public records, or for such persons to address the matter directly with the requester.
50. Upon information and belief, political calculations motivated Defendants to commit
such unlawful or improper actions. Such political reasons included but are not limited to:
concealing misconduct by City personnel, mitigating negative public reaction concerning actions
by City personnel, retaliating against City personnel, depriving opposing parties of discovery
related to pending actions against the City, encrypting audio and video so that requestors were
not able to access information contained therein, and concealing relevant records from the United
States Department of Justice.
51. In February 2015, Defendants, CAO Perry, and Mr. Chavez met with Mr. Kent Walz,
Editor in Chief of the Albuquerque Journal and the papers legal counsel at the papers offices.
The purpose of this meeting was for Defendants to address and resolve litigation being
threatened by the paper for IPRA violations by APD. At the meeting, CAO Perry introduced Mr.
Chavez as APDs Records Custodian and publicly praised Mr. Chavez for his efforts with the
units systems and organization. Mr. Chavez was furthermore promoted to Mr. Walz and the
paper as the remedy to the problems the paper was having with obtaining public records from
APD. In recognition of Mr. Chavezs accomplishments, presentation, and history, Mr. Walz
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stated to CAO Perry and others that, as long as Reynaldo is going to be taking the lead on these
IPRAs, were confident our concerns will be resolved or words to that effect.
52. Following the meeting with Mr. Walz and Albuquerque Journal personnel the paper did
not file any legal action against the City of Albuquerque.
53. Following the meeting with Mr. Walz and Albuquerque Journal personnel, Defendant
Levy remarked to Mr. Chavez, You are rapidly becoming the most powerful man in the City or
words to that effect.
54. Following the meeting with Mr. Walz and Albuquerque Journal personnel, Defendant
Slausen remarked to Mr. Chavez, your unit needs to be disbanded, there is no need for the IPRA
Unit or words to that effect.
55. Following the Albuquerque Journal meeting, Defendants and other APD personnel
assigned Mr. Chavez additional projects including the Employee Work Plan project for sworn
and civilian personnel, an investigatory database for APDs Special Investigation Division, and
implementation of a city wide organizational and performance assessment.
56. During the Spring of 2015, in addition to other ancillary duties assigned to him by
Defendants, Mr. Chavez would regularly meet with his two subordinate staff members and
Select Staffing, Inc. employees temporarily assigned to the IPRA Unit to address the units
performance issues.
57. Select Staffing, Inc. employees Ms. Roberta Archuleta and Ms. Tiffani Garcia had
chronic performance issues that Mr. Chavez brought to their attention, and attempted to
remediate such deficiencies. Such performance issues included repetitive typographical errors in
emails sent to IPRA requesters, errors in providing responsive materials meant for other IPRA
requesters, misuse of department equipment and resources, abuse of sick-leave by regularly
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calling in sick on Fridays or Mondays, unprofessional conduct in the workplace, and engaging in
sex acts with APD personnel on department property.
58. On April 28, 2015 Mr. Chavez met with Select Staffing, Inc. employee Ms. Archuleta
and informed her that she was on notice to provide a doctors note if she took any more sick days
off or was otherwise going to be let go for abuse of sick leave.
59. A few hours after meeting with Mr. Chavez, Ms. Archuleta filed a complaint to APD
Detective Holly Anderson and other personnel of APDs Force Investigation Team alleging
verbal, physical, and sexual abuse by Mr. Chavez. Shortly thereafter, APD personnel escorted
Mr. Chavez to the departments Internal Affairs Unit whereupon without notice Defendant Eden
placed Mr. Chavez on administrative leave.
60. On May 1, 2015 NBC affiliate KOB-4 reported, under the story APD Records
Custodian plans to file whistleblower lawsuit against department, Mr. Chavezs concern that
Defendant Slausen wanted to disband APDs IPRA Unit.
61. Over the following months, APD personnel conducted and completed an investigation
concerning Ms. Archuletas allegations and made unsubstantiated conclusions that Mr. Chavez
violated department procedures including tolerating sexual harassment amongst his subordinates,
failing to intervene in acts of harassment, failing to prevent acts of harassment, ridiculing APD,
and untruthfulness. On August 20, 2015 Mr. Chavezs position with the City was terminated as
his services were no longer needed. See August 20, 2015 Interoffice Memorandum attached
herein as Exhibit #4.
62. Following Defendants termination of Mr. Chavezs employment, Defendants named Mr.
Javier Urban as acting Records Custodian of APDs IPRA Unit.
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63. Following Defendants termination of Mr. Chavezs employment, the City of

Albuquerque posted a position for Police Records Supervisor on its website with duties
including: Supervise, assign, review and participate in the work of staff responsible for the
maintenance and management of records and technical support services; ensure work quality and
adherence to established policies and procedures and perform the more technical and complex
tasks relative to assigned area of responsibility.
64. Following Defendants termination of Mr. Chavezs employment, Ms. Archuleta of
Select Staffing, Inc. was terminated from her position in APDs IPRA Unit for conduct
consistent with Mr. Chavezs concerns. See image showing Ms. Archuleta and Ms. Valerie
Padilla (another Select Staffing, Inc. employee) on social media site incorporated herein as
Exhibit #5.
IV. SPECIFIC FACTUAL ALLEGATIONS ILLUSTRATIVE
OF PLAINTIFFS CLAIMS THAT DEFENDANTS COMMITTED UNLAWFUL
AND IMPROPER ACTIONS.
a. Relating to the APD Shooting of James Boyd
66. On March 16, 2014 James Boyd, a homeless individual living in Albuquerque, was shot
and killed by two APD officers. The shooting was part of a police action which began with the
dispatch of two APD officers to investigate a person camping in the foothills and expanded to
involve over forty-one (41) APD employees. APD Officer Dominque Perez, one of the officers
who shot Mr. Boyd, recorded the shooting on a helmet mounted video recorder. Days following
the shooting, and following IPRA requests concerning the shooting, APD publicly released a
portion of Officer Perezs video.
67. Following APDs release of the video, citizens throughout the city gathered in protest and
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Mr. Chavezs office was flooded with IPRA requests seeking materials responsive, but not
limited to: the entire incident, personnel involved in the incident, Mr. Boyd, communication
records of personnel involved, and communications records of APD leadership.
68. In response to IPRA requests, Mr. Chavez sent written correspondences to various APD
units and sections seeking records responsive to these requests including APDs Crime Lab, the
911 Communications Center, APDs Family Advocacy Center, APDs Internal Affairs Unit,
APDs Operations Unit, APDs Central Records Unit, APDs Uniform Code Reporting Unit,
APDs Report Review Unit, APDs Records Unit, and the departments Information Systems
Division (ISD).
69. In response to his request, Mr. Chavez received from APD personnel thousands of pages
of reports, hours of digital video recordings, and hundreds of digital images. As required, Mr.
Chavez discussed the collection of records with Defendants.
70. Among the material provided to Mr. Chavez was:
a. Officer Perezs recorded video of the shooting of Mr. Boyd.
b. Encrypted audio and video (unable to open).
c. Photographs.
d. Field Investigative Reports.
e. Full investigative supplemental reports.
f. Diagrams.
g. Forensic evidence reports, including DNA and ballistic reports.
h. Belt tape audio of APD Detective Keith Sandy.
i. Emails and memos between Defendant Eden to other APD personnel.
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j. Emails and memos between Defendant Eden and other city personnel including
CAO Perry.
k. Emails and memos between various APD personnel.
l. Lists of all APD personnel involved in the incident.
71. Mr. Chavez compiled a database on his office computer of the above listed responsive
information.
72. Defendants individually and collectively reviewed responsive information and instructed
Mr. Chavez to withhold or delay production of certain materials to requesters without a lawful
exception allowing such withholding or delay.
73. Mr. Chavez communicated objections to Defendants actions as Mr. Chavez believed in
good faith such actions by Defendants were improper, in violation of state law, violations of
public trust, malfeasance of their public duties, an abuse of authority, and were causative of gross
waste of public funds and resources.
74. Upon information and belief, responsive material, including video footage, relating to the
shooting of Mr. Boyd remains unproduced to requesters.
b. Relating to Taser International, Inc.
76. On February 28, 2014, local CBS affiliate KRQE-13 reporter Tina Jensen interviewed
former APD Chief Raymond D. Schultz and reported upon Mr. Schultzs post-APD relationship
with Taser International, Inc. (Taser). Taser manufactures weapons and digital recording
devices which the City has purchased large quantities of (specifically electronic control weapons
and on-body camera systems). In her report, entitled Ex-APD chiefs new gig is with Taser,
Ms. Jensen reported that prior to Mr. Schultz retiring from the city, he helped secure APD as one
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of Tasers largest clients and steered millions of tax payer dollars towards the company via city
contracts for weapons and camera systems. Thereafter Mr. Schultz contracted with Taser as a
consultant on a fee basis to promote Taser products to other domestic and foreign law
enforcement agencies.
77. Following Ms. Jensens report on Mr. Schultz, Mr. Chavezs office was flooded with
IPRA requests (including requests from the New Mexico Attorney Generals Office and the
Federal Bureau of Investigation) seeking materials responsive, but not limited to: the citys
contracts with Taser, financial records concerning Taser, communication records with Taser, Mr.
Schultzs communication records with Taser, and Taser products owned or controlled by the
City.
units and sections seeking records responsive to the IPRA requests including APDs Crime Lab,
Records Unit, the ISD, as well as requests to other City departments.
79. In response to his request, Mr. Chavez received from APD personnel thousands of pages
of reports, digital files, emails, and memos. As required, Mr. Chavez discussed the collection of
records with Defendants.
a. Emails between Mr. Schultz and Taser employees.
b. Emails between Mr. Schultz, former APD Chief Allen Banks, and city consultants
Mr. Thomas Streicher and Mr. Steven Greenwood.
c. Emails between Mr. Schultz and other APD employees.
d. Department memos between APD personnel and Mr. Schultz.
e. Microsoft Power Point files regarding Taser.
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f. The Taser contract and related purchase order documents.

information.
84. Upon information and belief, responsive material, including written communications,
relating to Mr. Schultz and Taser remain unproduced to requesters.
c. Relating to APD Surveillance of Public Protests
86. On June 21, 2014 citizens gathered in an organized manner to protest APD actions
including APDs shooting of Mr. Boyd. The protest involved staged speaking event followed by
a march and rally. During the protest, APD deployed as many as four detectives dressed in plain
clothes to observe the protesters. One of these detectives surreptitiously recorded various citizens
including a disproportionate amount of time as compared to other citizens of Mr. Kenneth Ellis.
Mr. Ellis son had been shot and killed by an APD officer on January 13, 2010. On March 15,
2013 a jury awarded $10.3 Million to the Ellis estate for the wrongful death lawsuit brought
upon APD and the officer involved in the shooting. Mr. Ellis is outspoken in matters critical of
APD and APD personnel, and frequently has spoken at Albuquerque City Council meetings,
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community group meetings, and public rallies protesting APD.

87. Following reports that APD personnel video recorded Mr. Ellis, Mr. Chavezs office
received numerous IPRA requests seeking materials responsive, but not limited to: video
recordings of Mr. Ellis, records relating to the detectives involved in the surveillance of the
protest, records
relating to Mr. Ellis, and communication records by APD personnel relating to the matter.
Records Unit, the ISD, and to APD Command Staff including APD Deputy Chief Eric Garcia
and Defendant Huntsman.
89. In response to his request, Mr. Chavez received from APD personnel hundreds of pages
of reports, digital files, emails, and memos. As required, Mr. Chavez discussed the collection of
records with Defendants.
a. Emails between Defendant Eden, Jr. and APD personnel.
b. Emails between Defendant Eden and CAO Perry.
c. Documents from APDs Special Investigation Division (SID).
d. Video from APDs Special Investigative Division (SID).
e. Images of protesters.
f. Video files surreptitiously taken of Mr. Ellis.
91. Mr. Chavez requested complete digital video files from SID whereupon he was
summoned to Defendant Edens office where he met with Defendant Huntsman and SID
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personnel. At this meeting, Defendant Huntsman told Mr. Chavez the complete video including
SIM (Subscriber Identity Module) card would not be released and he would make it go away.
information.
95. Upon information and belief, responsive material, including video footage, relating to the
surveillance of Mr. Ellis remains unproduced to requesters and was deleted.
d. Relating to Citizens Silvio DellAngela and Charles Arasim
97. Mr. Silvio DellAngela is a resident of Albuquerque and an outspoken critic of APD and
city leadership. Mr. DellAngela frequently sends extensive emails excoriating specific APD
personnel, including APD Chief Gorden Eden, former chief Raymond D. Schultz, and city
leadership including Mayor Richard J. Berry and CAO Robert Perry, and actions by APD
personnel. Such emails are widely disseminated to public officials, community groups, political
officer holders, and law enforcement personnel. Mr. DellAngela frequently submits IPRA
requests to APD.
Page 21 of 29
98. Mr. Charles Arasim is a resident of Rio Rancho and an independent video journalist. Mr.
Arasim regularly attends official City public events and meetings including Albuquerque City
Council meetings, Albuquerque Personnel Board meetings, Albuquerque Police Oversite
Commission meetings, and APD press conferences where he video records events and asks
questions. In support of his activities Mr. Arasim regularly submits IPRA requests to APD.
99. Defendants required Mr. Chavez to forward IPRA requests submitted by these two
individuals to them for specific review of their requests.
100. Upon information and belief, such specific review by Defendants of a given IPRA
request was unusual and Defendants clearly discriminated against Mr. DellAngela and Mr.
Arasim.
101. Mr. Chavez was directed by Defendants to delay or otherwise impede production of
responsive records to Mr. DellAngela and Mr. Arasim. At the direction of Defendants, Mr.
Chavez was told to generally identify statutory exceptions to obstruct full production of requests
from Mr. Arasim. Defendant Levy boasted that well pay the fines if necessary.
information.
103. Defendants individually and collectively reviewed responsive information and
instructed Mr. Chavez to withhold or delay production of certain materials to requesters without
a lawful exception allowing such withholding or delay.
Page 22 of 29
105. Upon information and belief, responsive material relating to requests from Mr.
DellAgnela and Mr. Arasim remain unproduced.
e. Relating to Attorney Mary Han
107. On November 18, 2010 Albuquerque civil rights attorney Mary Y.C. Han was reported
deceased. In response to the unattended suspicious death report, high ranking members of APD
and the city arrived at Ms. Hans residence. Such personnel included APD deputy chiefs and
commanders, CAO Robert Perry, Public Safety Director Darren White, Mr. Whites press
secretary T.J. Wilham, and numerous unknown persons. The presence of such personnel was in
contravention to basic crime scene processing procedures as taught by APD and as a result of
such departure and aspects of the death scene, it is suspected that Ms. Han was murdered.
108. In the days and years following November 18, 2010, citizens, media, and law
enforcement personnel filed IPRA requests with Mr. Chavezs office seeking materials
responsive, but not limited to: video and image recordings from the crime scene, reports, audio
files, personnel records, and communication records by APD personnel relating to the matter.
Records Unit, the ISD, APDs SID Unit, the Citys Information Technology office, as well as
requests to other City departments including Mayors and CAOs Office.
110. In response to his request, Mr. Chavez received from APD personnel hundreds of pages
of reports, digital files including images and audio, emails, and memos. As required, Mr.
Chavez discussed the collection of records with Defendants.
Page 23 of 29
a. Crime scene photos.

b. APD Field Investigator reports and sketches.
c. Emails and memos between APD personnel including messages written and sent
between APD officers using their vehicle computer terminals.
d. Audio files.
e. Police reports.
f. Video files.
g. Computer Aided Dispatch reports.
information.
113. Defendants individually and collectively reviewed responsive information and
instructed Mr. Chavez to withhold or delay production of certain materials to requesters without
a lawful exception allowing such withholding or delay.
115. Upon information and belief, responsive material, including written documents, reports,
and images, relating to the death of Ms. Han remain unproduced to requesters.
V. CLAIMS OF HARM
COUNT ONE: VIOLATION OF THE NEW MEXICO WHISTLEBLOWER
PROTECTION ACT
Page 24 of 29
117. As alleged above, Mr. Chavez communicated in good faith to his employer, Defendants,
and third-parties information about actions and failures to act on the part of Defendants that Mr.
Chavez believed in good faith were improper, constituted violations of state law, violations of
118. By its acts and omissions as alleged above, Defendants took retaliatory action against
Mr. Chavez because of these communications, in violation of 10-16C-3 of the New Mexico
Whistleblower Protection Act by terminating Mr. Chavezs employment.
119. As a direct and proximate result of Defendants actions of violating the New Mexico
Whistleblower Protection Act, Mr. Chavez suffered damages as set forth below and incorporated
herein by reference.
COUNT TWO: CIVIL CONSPIRACY
121. Upon information and belief, prior to taking retaliatory actions against Mr. Chavez,
Defendants conspired among themselves to commit violations of the New Mexico
Whistleblower Protection Act against Mr. Chavez in violation of NMSA 1978, 10-16C-3.
122. Upon information and belief, at all relevant times Defendants knew of the good faith
efforts of Mr. Chavez to report unlawful and improper acts to his employer and other, and
worked in concert with each other to retaliate against Mr. Chavez.
123. Upon information and belief, Defendants worked in concert with one another for the
purpose of retaliating against Mr. Chavez in violation of NMSA 1978, 10-16C-3.
124. As a direct and proximate act of the conspiracy, Mr. Chavez suffered, and continues to
suffer, damages.
Page 25 of 29
COUNT THREE: SPOLIATION

126. Mr. Chavezs department desktop computer contained a database which consisted of
responsive records for the matters herein detailed in addition to other matters including all other
APD shootings.
127. APD spokesperson Tanner Tixier stated to media reporters, the database doesnt exist.
128. Thereafter, through their counsel, Defendants stated, [t]he City has already taken steps
to gather and preserved the materials[.]
129. Defendants refused to allow Mr. Chavez to inspect the database on the computer and
external hard drive.
130. Upon information and belief the database no longer exists because the computers and
external hard drive have disappeared.
131. Defendants intentionally disposed of, destroyed, or allowed to disappear, evidence
relevant to this lawsuit, specifically by failing to secure or intentionally causing to misplace the
desktop computer and external equipment used my Mr. Chavez.
132. There was the potential of a lawsuit and Defendants were aware of it since May 1, 2015.
133. Defendants knew there was a lawsuit or the potential for a lawsuit.
134. Defendants caused, or failed to prevent, the evidence, materials, and database to be
destroyed or otherwise lost.
135. By their conduct, Defendants intended to disrupt or defeat a potential lawsuit as well as
to cover up the facts that underline this lawsuit.
136. The destruction or failing to secure the database and relevant evidence materially
impacts Plaintiffs ability to prove portions of his case.
Page 26 of 29
137. Mr. Chavez has suffered damages as a result of the destruction of this evidence.
COUNT FOUR: BREACH OF CONTRACT
139. A bargained for exchanged existed between Defendant City and Mr. Chavez. Defendant
City offered Mr. Chavez employment with the city. Mr. Chavez accepted the offer. In exchange
for his labor, Defendant City provided Mr. Chavez financial and non-financial consideration.
Defendant City further enhanced this contract by increasing Mr. Chavezs pay, benefits, and
responsibilities. Both parties furthermore assented to this contract.
140. As there was an employment contract between Defendant City and Mr. Chavez, each
party owed and was obligated to the other the implied covenant of good faith and fair dealing
which is an essential element to all contracts.
141. In retaliating against Mr. Chavez for his communications to his employer and thirdparties information about Defendants actions and failures to act which Mr. Chavez believed in
good faith constituted violation of state law, violations of public trust, malfeasance of their
public duties, abuse of authority, and were causative of gross waste of public funds and
resources, Defendant City breached the covenant of good faith and fair dealing. In doing so,
Defendant City prevented Mr. Chavez from enjoying the fruits of the contract.
142. Defendants motivating factor was to retaliate against him for his expressions of
concern that Defendants were committing unlawful and or improper actions with respect to the
release of public records.
143. As a direct and proximate result of the Defendants breach of contract, Mr. Chavez
suffered damages.
Page 27 of 29
VI. CONCLUSION AND DEMAND FOR RELIEF

WHEREFORE, Mr. Chavez requests this Court to:
A.
B.
C.
D.
Declare Defendants violated the New Mexico Whistleblower Protection Act;

Declare Defendants unlawfully breached the contract with Mr. Chavez;
Award Mr. Chavez (1) damages resulting from the Defendants violations of the
New Mexico Whistleblower Protection Act, (2) emotional distress and special
damages, (3) punitive damages because Defendants actions were wanton, willful
and or malicious, (4) his costs of action, and (5) his reasonable attorneys fees;
and
Grant such other and further relief as the Court deems just and proper.
Respectfully submitted,
/s/ Thomas R. Grover
Thomas R. Grover
GROVER LAW, LLC
9400 Holly NE, Bldg. 4
Albuquerque, NM 87122
Office: (505) 695-2050
Fax: (505) 944-1073
thomas@grover-law.com
Attorney for Plaintiff
Page 28 of 29
EXHIBIT #1
EXHIBIT #2
From:
To:
Cc:
Subject:
Date:
Chavez, Reynaldo L.
vegalynnlawfirm@aol.com
City Clerk Staff; Bailey, Amy B.
IPRA / Michael Muniz - follow up /// 12/24/12
Monday, December 24, 2012 3:10:43 PM
EXHIBIT #3
Dear Ms. Vega Lynn,
The city will require more than three (3) business days to respond to your latest request.
We will respond to your latest request within 15 business days (per IPRA) from the time you submitted.
I have taken the liberty of copying the City Clerk who oversees IPRA compliance.
As always, please do not hesitate to contact me with any additional questions or concerns.
Good day Ma'am.

Kind regards,
Reynaldo L. Chavez
APD Records Custodian/Central Records Supervisor
Office (505)768-2007
Cell: (505) 235-2160
Fax: (505) 768-2540
chavezr@cabq.gov
_______________________________________________________________________________
-----Original Message----From: RVL [mailto:vegalynnlawfirm@aol.com]
Sent: Monday, December 24, 2012 11:01 AM
To: 'chavezr@cabq.gov'
Subject: FW: IPRA / Michael Muniz - follow up
Importance: High
Dear Mr. Chavez
I sent the attached email on December 17, 2012 at 10:44 a.m. To date, I
have not received a response so I am resending the original objections to
the IPRA documents produced by APD. I ask that you respond by close of
business today to the request as the 3 day response period has expired.
Thank you
Rosario
-----Original Message----From: vegalynnlawfirm@aol.com [mailto:vegalynnlawfirm@aol.com]
Sent: Monday, December 24, 2012 10:57 AM
To: Chavez, Reynaldo L.
Subject: Re: IPRA / Michael Muniz

Dear Mr Chavez
I have reviewed the records and CD produced by APD on December 14th.
Please note that I only received one report authored by Field Investigator
Muniz on November 18, 2010. The report was for a burglary. Yet, FI Muniz was
in Ms Han's home on November 18th. Thus, please provide the following as
required by IPRA:
1. All reports prepared by FI Muniz on November 18, 2010 to include: (a)
the copperfire report, (b) date originally entered into tiburon or the
database utilized by APD, (c) date(s) of supplements/amendments/edits and by
whom to include identification of the individual and identification of the
individual's rank or civilian title and time, (d) supervisor/Sgt approval to
include date and time and (e) any and all individuals who have either
accessed or retrieved the reports and/or computer file.
With regard to the photos on the CD, I informed Officer Torres on December
14th that I needed the jpg copies of the photos taken by FI Muniz on
November 18th. The pdf provided by APD do not include the metadata. Please
provide all photos in the possession and custody of APD in jpg format. This
request includes any photos taken by FI Muniz which are on the camera
memory.
Further, you indicated that emails concerning Ms Han in any manner were
nonspecific to produce. I do not agree as I clearly requested emails from
APD members (see below) and again request those emails be produced.
Please provide these records in electronic format as soon as possible.
Thank you for your attention.
Rosario Vega Lynn
------Original Message-----From: Chavez, Reynaldo L.
To: Rosario Vega Lynn
Subject: IPRA / Michael Muniz
Sent: Dec 4, 2012 3:01 PM
Dear Ms. Vega Lynn,
This email will acknowledge completion of your public records request dated
November 17, 2012 (Saturday) and received by my office on November 19, 2012
(Monday).
Please review the following.
Please provide any and all incident reports/field investigation reports

prepared by Michael Muniz from November 1 to November 30, 2010; Multiple
reports in excess of 308 pages. Available for review.
2. Any and all electronic communications to include but not limited

to emails and text communications by cellular phone sent by any member of
the Albuquerque Police Department to anyone concerning Mary Han in any
manner from January 1, 2010 to the present;
Not possible to process. Emails have to be identified from one(1)

individual to another (1) individual. Voluminous.
Any and all correspondence (to include inter-office memoranda) concerning

Ms. Han in the possession and/or control of the Albuquerque Police
Department; Not possible to process or produce.
Provide any and all photographs in the possession or control of the City of
Albuquerque concerning Mary Han in any manner to include a full and complete
electronic copy of all of the photographs taken by Michael Muniz on November
18, 2010 concerning Ms. Han and/or her home located at 3022 Colonnade NW
currently in the possession and control of the Albuquerque Police
Department; Available for review.
Provide any and all internal complaints against any Albuquerque Police
Department personnel initiated by/conducted by/or reviewed by Deputy Chief
Paul Feist, Deputy Chief Allen Banks, Deputy Chief Beth Paiz, Deputy Chief
Steve Warfield and/or Chief Raymond Schultz from January 1, 2010 to the
present. The documents requested are exempt from production pursuant to
Sec. 14-2-1A(3), State ex rel. Newsome v. Alarid, 90 N.M. 790 (1977), and
Cox v. New Mexico Dept of Public Safety, 148 N.M. 934 (Ct. App. 2010).
I ask that you provide this information in electronic format.
The available information was not available in electronic format. Incident

reports require multiple processing steps (manual). Photographs are
available via CD. Network restrictions limit size to be transmitted
electronically. Current charges per Admin Instruction 1-7;
0.50 cents per page CDs - $5.00 per copy Please be advised that you may
review/inspect at
Law Enforcement Center

400 Roma Ave. NW
Please contact Ms. Jackie Garza to schedule review @ 505.768.2141.
If purchasing documents and CD, please make payment ($159.00) by cash.

Payment may also be made by company check made payable to City of
Albuquerque.
Please do not hesitate to contact me if you have any questions or comments.

Kind regards,
Reynaldo L. Chavez
Office: (505) 768-2007
Cell: (505) 235-2160
Fax: (505) 768-2540
chavezr@cabq.gov
From: Chavez, Reynaldo L.

Sent: Monday, November 19, 2012 7:17 PM
To: 'RVL'
Subject: IPRA / Michael Muniz
Mr. / Ms. Vega Lynn
This email will acknowledge receipt of your public records request dated
November 17, 2012. Please be advised we are reviewing your request to
determine what public records are responsive and whether any exceptions to
their production apply. We will continue our review and contact you prior
to the expiration of fifteen (15) days from the receipt of your request.
Please do not hesitate to contact me if you have any questions or comments.
Kind regards,
Reynaldo L. Chavez
Office: (505) 768-2007
Cell: (505) 235-2160
Fax: (505) 768-2540
chavezr@cabq.gov
From: RVL [mailto:vegalynnlawfirm@aol.com]

Sent: Saturday, November 17, 2012 5:12 PM
To: Chavez, Reynaldo L.
Subject: FW: Public Records Request
Dear Mr. Chavez:
I would like to amend paragraph 1 as follows:
1. Please provide any and all incident reports/field investigation

reports prepared by Michael Muniz from November 1 to November 30, 2010.
My apologies for any confusion.
Rosario
From: RVL [mailto:vegalynnlawfirm@aol.com]

Sent: Saturday, November 17, 2012 4:28 PM
To: 'chavezr@cabq.gov'
Subject: Public Records Request
Dear Mr. Chavez:
Please accept this request as provided by the Inspection of Public Records

Act, NMSA 1978, Section 14-2-1 et seq. Please provide the following public
records:
1. Any and all incident reports/field investigation reports prepared by

Michael Muniz from January 1,2010 to the present;
2. Any and all electronic communications to include but not limited to

emails and text communications by cellular phone sent by any member of the
Albuquerque Police Department to anyone concerning Mary Han in any manner
from January 1, 2010 to the present;
3. Any and all correspondence (to include inter-office memoranda)

concerning Ms. Han in the possession and/or control of the Albuquerque
Police Department;
4. Provide any and all photographs in the possession or control of the

City of Albuquerque concerning Mary Han in any manner to include a full and
complete electronic copy of all of the photographs taken by Michael Muniz on
November 18, 2010 concerning Ms. Han and/or her home located at 3022
Colonnade NW currently in the possession and control of the Albuquerque
Police Department;
5. Provide any and all internal complaints against any Albuquerque

Police Department personnel initiated by/conducted by/or reviewed by Deputy
Chief Paul Feist, Deputy Chief Allen Banks, Deputy Chief Beth Paiz, Deputy
Chief Steve Warfield and/or Chief Raymond Schultz from January 1, 2010 to
the present.
I ask that you provide this information in electronic format. Thank you for
your attention.
Rosario D Vega Lynn

Attorney
Vega Lynn Law Offices, LLC
1019 2nd Street NW
(505) 227-5091
(505) 299-0518 FAX
Confidentiality Note:

This is e-mail, and any attachment to it, contains privileged and
confidential law firm information intended only for the use of the
individuals(s) or entity named on the e-mail. If you receive this
transmission in error, please notify the sender by reply e-mail and delete
the message and any attachments. Thank you.
EXHIBIT #4
EXHIBIT #5

Reynaldo Chavez Complaint

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SECOND JUDICIAL DISTRICT COURT

VERIFIED COMPLAINT FOR DAMAGES RESULTING FROM

Albuquerque in June of 2011.

production of all IPRA records to requesting parties.

63. Following Defendants termination of Mr. Chavezs employment, the City of

f. The Taser contract and related purchase order documents.

community group meetings, and public rallies protesting APD.

a. Crime scene photos.

COUNT THREE: SPOLIATION

VI. CONCLUSION AND DEMAND FOR RELIEF

Declare Defendants violated the New Mexico Whistleblower Protection Act;

Dear Ms. Vega Lynn,

Good day Ma'am.

Subject: Re: IPRA / Michael Muniz

Please review the following.

Please provide any and all incident reports/field investigation reports

2. Any and all electronic communications to include but not limited

Not possible to process. Emails have to be identified from one(1)

Any and all correspondence (to include inter-office memoranda) concerning

I ask that you provide this information in electronic format.

The available information was not available in electronic format. Incident

Law Enforcement Center

Please contact Ms. Jackie Garza to schedule review @ 505.768.2141.

If purchasing documents and CD, please make payment ($159.00) by cash.

Please do not hesitate to contact me if you have any questions or comments.

From: Chavez, Reynaldo L.

Mr. / Ms. Vega Lynn

From: RVL [mailto:vegalynnlawfirm@aol.com]

Dear Mr. Chavez:

I would like to amend paragraph 1 as follows:

1. Please provide any and all incident reports/field investigation

My apologies for any confusion.

From: RVL [mailto:vegalynnlawfirm@aol.com]

Dear Mr. Chavez:

Please accept this request as provided by the Inspection of Public Records

1. Any and all incident reports/field investigation reports prepared by

2. Any and all electronic communications to include but not limited to

3. Any and all correspondence (to include inter-office memoranda)

4. Provide any and all photographs in the possession or control of the

5. Provide any and all internal complaints against any Albuquerque

Rosario D Vega Lynn

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