(updated 9/19/2009)
The Albuquerque City Council passed an ordinance to have the City Charter reviewed, forming the Charter Review Task Force in 2008. Ten (10) recommendations were presented by the City Council to the Mayor as amendments to the City Charter. The Mayor vetoed these amendments, and on August 4, 2009, the City Council elected to override his veto, placing them on this year's Municipal Election ballot. Each proposition/amendment will be voted on separately.
Amending the City Charter to provide a new section listing and briefly summarizing all of the provisions in the City Charter that govern elections.
If passed, this proposition would make it easier to locate election laws in our City Charter. Currently those laws are scattered throughout. It would summarize and indicate where to find all provisions in the City Charter that pertain to governing elections in Albuquerque.
Complete Text of Proposition 1
Amending the City Charter to provide that the salaries of the Mayor and City Councilors shall be determined by a Citizens' Independent Salary Commission appointed by the City's Accountability in Government Committee.
Currently Councillors receive a yearly salary that is one-tenth of the Mayor's yearly salary with the Council President receiving twice the amount of the other councillors. If passed, the independent salary commission would determine the salaries of the Mayor and the City Council. The Commission will have five members selected by the Accountability in Government Committee, and members will serve for four years. Their recommendations will be brought to the citizens for a vote. Any changes in salary will not go into effect for elected officials during their current term and will begin after the next election.
Complete Text of Proposition 2
Amending the City Charter to provide that the City Clerk shall have a term that coincides with the term of the Mayor and that the Clerk shall only be removed earlier upon a finding of cause made both by the Mayor and six City Councillors. Requiring six City Councillors to confirm the City Clerk's appointment by the Mayor. Clarifying that the City Attorney, Chief Administrative Officer and deputy administrative officers but not department heads are appointed subject to the advice and consent of the City Council and cannot serve for more than 45 days without their names being submitted to the City Council for confirmation.
If passed, this proposition would provide that the City Clerk serve the same term of office as the Mayor and be selected and appointed through an open and competitive hiring process conducted by the Mayor with the advice and consent of two-thirds of the entire membership of the Council. Proposition 3 also gives the City Council authority to remove the Clerk for cause by a two-thirds majority vote. Currently, the Mayor, with the advice and consent of the City Council, appoints the City Clerk.
Complete Text of Proposition 3
Amending the process to amend the City Charter by: fixing the number of signatures to petition for a change in the Charter at 20% of the number of voters in the last four regular municipal elections; requiring the City Attorney to review any proposed petition; requiring approval of six City Councillors to propose a Council initiated amendment to the City Charter; requiring the City Council to hold at least two public hearings on the proposed amendment; requiring the ballot on a proposed amendment to the City Charter to contain a summary of the proposed amendment reviewed by the City Attorney for accuracy; allowing the City Clerk to correct errors and omissions in the City Charter and delete provisions declared to be illegal.
If passed, this proposition would not change the current charter amendment process, but would define the process with more specificity and clarify amendment procedures. Currently, there are two separate procedures to seek amendment of the Charter: by citizen petition or by the City Council. This amendment would clarify these two procedures spelling out that a majority of the city council plus one vote must approve a charter amendment proposed by the Council itself. If passed Proposition 4 would authorize the City Clerk, subject to the approval of the City Attorney and City Council, to correct clerical errors and delete provisions in a proposed amendment that have been ruled invalid.
Complete Text of Proposition 4
Amending the budget process to provide that the Mayor prepares the biennial capital improvements budget for submission to the Council. Setting specific dates for City Council action on the Mayor's annually proposed operating budget.
The basic checks and balances in the existing Charter continue, but specific calendar dates have been added to clarify and expedite the budget process.
Complete Text of Proposition 5
Amending the City Charter to provide that enforcement of the Open and Ethical Elections Code shall be a civil process conducted by the Board of Ethics and Campaign Practices rather than a criminal process conducted by the City Attorney.
This takes the City Attorney out of the enforcement process. Ordinances already in effect, consistent with the Election Code, will govern these matters and be handled by the Board of Ethics and Campaign Practices.
Complete Text of Proposition 6
Amending the City Charter by adding a new Article providing that the City Council is the City's ultimate planning and zoning authority, including the adoption and interpretation of the Comprehensive Plan and the Capital Improvement Plan. The Council is also the City's ultimate authority with respect to interpretation of adopted plans, ordinances, and individual cases. The Mayor is responsible for overseeing the implementation, enforcement, and administration of land use plans.
This proposition clarifies the respective roles of the Mayor and the City Council in reference to planning and zoning. The Council is legislative in its function while the Mayor oversees and enforces laws as the executive branch of the City's government
Complete Text of Proposition 7
Amending the City Charter by adding a new Article providing that the City Council shall by ordinance establish a process for addressing disputes between the City Council and Mayor over their respective duties under the Charter. That process shall include the creation of a three member committee to resolve allegations of a violation; one member appointed by the Council, one member appointed by the Mayor and the third member appointed by the first two.
If passed, this addition to the Charter will deal with disputes between the legislative branch and the executive branch of our City government. It will establish a three-person arbitration committee to address any disputes that may arise.
Complete Text of Proposition 8
Amending the City Charter to provide that the petition to become a candidate for Mayor requires the signatures of three thousand (3,000) registered city voters and to become a candidate for City Council requires the signatures of five hundred (500) registered voters residing in the district which the person desires to represent.
This Charter amendment changes the amount of signatures from a percentage to an actual number needed on a petition to become a candidate for Mayor. It also changes the amount of signatures needed on a petition to become a candidate for City Council to a definite number. This equalizes the signatures needed for each district, making it more specific.
Complete Text of Proposition 9
Amending the City Charter to provide that the City Attorney shall have a term that coincides with the term of the Mayor and that the City Attorney shall only be removed earlier upon a finding of cause made both by the Mayor and six City Councillors. Requiring six City Councillors to confirm the City Attorney's appointment by the Mayor.
If passed, this proposition would provide that the City Attorney serve the same term of office as the Mayor and be selected and appointed through an open and competitive hiring process conducted by the Mayor with the advice and consent of two-thirds of the entire membership of the Council. Currently, the Mayor with the advice and consent of the City Council appoints the City Attorney. Proposition 3 also gives the City Council authority to remove the City Attorney for cause by a two-thirds majority vote.
Complete Text of Proposition 10