LWV/ABC
Voters’ Guide for 2007 Albuquerque Municipal Election
Propositions to Amend the Albuquerque City Charter

(updated 8/22/2007)

 

Propositions

Propositions amend the Albuquerque City Charter. Five propositions will appear on the municipal election ballot. Voters may vote for or against the proposition. The proposed amended wording to the current city charter is in bold.

Use the quick links in the Table of Contents, below, or just scroll down the page, to see each bond issue.

Proposition 1: Election Dates

Proposing to amend Article II, Section 1 of the Albuquerque City Charter to read:

"Section 1. Election Dates

The Councillors representing even-numbered Districts shall be elected by the voters to four-year terms at the regular municipal election held on October 7, 1975. The Mayor and the Councillors representing odd-numbered Districts shall be elected by the voters to four-year terms at the regular municipal election held on October 4, 1977. Thereafter, regular municipal elections shall be held on the first Tuesday after the first Monday in October of odd-numbered years, provided that a regular municipal election day may be set by election resolution on an alternate date when the first Tuesday after the first Monday in October falls on a recognized holiday or a recognized religious holiday or eve."

Summary of Proposition 1

This amendment allows the City Council to set the election date on a day other than the first Tuesday after the first Monday if there is a holiday or religious holiday.

Proposition 2: Campaign Contributions

Proposing to amend Article XIII of the City Charter, the election code by adding a new subsection to preclude any candidate for the office of mayor or city council from accepting campaign contributions from any business entity or from any person or organization that has a contract to provide goods or services to the city.

Section 1. City Charter Article XIII, is amended to add a new Subsection 4(f) and renumber subsequent subsections accordingly, which subsection shall read:

"(f) Ban on Contributions from Business Entities and City Contractors. No candidate shall accept a contribution in support of the candidate's campaign from any corporation, limited liability company, firm, partnership, joint stock company or similar business entity or any agent making a contribution on behalf of such a business entity. No candidate shall accept a contribution in support of the candidate's campaign from any person, other than a City employee, who at the time of the contribution is in a contractual relationship with the City to provide goods or services to the City. The remedy for an unknowing violation of this subsection shall be the return of the contribution."

Summary of Proposition 2

This proposition is meant to ban contributions from businesses that are doing business with the city at the time of the contribution. The proposition does not prohibit businesses from forming political action committees or using those PAC's for contributions.

Proposition 3: Appointments

Proposing to amend Article V, Section 4(e) of the city charter to provide that, when provided for by ordinance, members of city committees, commissions and boards may be may be appointed other than by the mayor, and to read:

Section 4. Duties of the Mayor

The Mayor shall:
"(e) Except as otherwise provided for by ordinance, with the prior advice and final consent of the Council appoint the members of city committees, commissions and boards;"

Summary of Proposition 3

The current city charter reads "The mayor shall with the advice and consent of the council, appoint the members of all committees, commissions and boards."

This proposition would allow the city council, through ordinance, to appoint members to committees, commissions, and boards. Under the current charter only the Mayor has that power of appointment.

Proposition 4: City Council Salaries

Proposing to amend Article IV, Section 6 of the Albuquerque City Charter to read:

"Article IV. Council

Section 6. Compensation of the Council
Councilors shall receive annual salaries equal to that salary listed for county commissioners in Class A counties at Section 4-44-4 NMSA 1978."

Summary of Proposition 4

Currently city councilors make $9,963. a year. Class A county commissioners (Bernalillo County Commissioners) make $29,569. If this charter amendment passes, City Councilors would receive the same salary as Bernalillo County Commissioners.

Proposition 5: Recall

Proposing to amend Article III, Section 1 of the Albuquerque City Charter to read as follows:

"Section 1. Recall
  1. Any elective officer of the city shall be subject to a recall election initiated by the following procedures:
    1. Notice of intent to circulate a petition for recall must be signed by five qualified voters and filed with the City Clerk.
    2. A petition for recall election shall cite grounds of misconduct in office or the violation of the oath of office or the violation of the oath of office by the official occurring during the current term of office.
    3. The recall petition shall be signed by not less than 33.3 percent of the number of persons who voted in the last regular municipal election for the position the official was elected.
    4. Prior to and as a condition of circulating a petition for recall the factual allegations supporting the grounds of misconduct in office or violation of the oath of office stated in the petition shall be presented to the City Clerk. The petition shall not be circulated unless, after a hearing in state district court in which the proponents of the recall and the official sought to be recalled are given an opportunity to present evidence.
    5. The signed petitions much be filed with the City Clerk no more than 60 days after the determination of the district court. The City Clerk shall verify the signatures.
    6. No elected official shall be the subject of a recall election during the last six months of the official's term.
  2. The election must be held within ninety days after the last permissible date for filing petitions.
  3. At such election, the ballot shall contain the name of the officer, the position which the officer holds, and the dates of the beginning and termination of the official term. Below the name of the officer shall be the two phrases "For the Recall" and Against the Recall", one below the other.
  4. If a majority of the ballots and a number equal to a majority of the ballots cast at the election of the officer whose recall is proposed, show a vote for the recall, the office in question shall thenceforth be vacant.
  5. If an officer is recalled as provided for above, the officer shall not be appointed to fill his or her own unexpired term nor be eligible for re-election to the position from which they have been recalled until the term for which the officer was originally elected shall have expired.
  6. Vacancies created by a recall election shall be filled in the same manner as is provided for the filling of vacancies in the office of Councillor or Mayor due to other causes; provided, that if all the Councillors are recalled at one election, the City Clerk, or if there be no City Clerk, the Chief Judge of the District Court of the County of Bernalillo shall within three days call an election to be held in accordance with the provisions specified in this Charter for the election of Councillors at regular elections.
  7. When a Councillor is subjected to recall proceedings, only voters registered as residing in the District which the Councillor represents may sign petitions and vote in the recall proceedings."

Summary of Proposition 5

If passed this proposition would change the procedures in the Albuquerque City Charter for recall of elected city officials. The proposition would adopt a procedure consistent with the recall procedure for elected Bernalillo County officials found in the New Mexico Constitution. Prior to a recall petition being circulated the proposition would require a determination of probable cause to find misconduct in office. A recall petition would be required to contain at least thirty three and one-third percent of the votes cast in the last regular municipal election for the position for which recall is sought. A recall election would be prohibited in the last six months of a term. Currently, the Albuquerque City Charter provides that a recall election can be triggered by a recall petition signed by twenty five percent of the number of votes cast in the last election (including a runoff election), can be triggered at any time, and councilors can be recalled for any reason.

www.lwvabc.org

League of Women Voters, Albuquerque-Bernalillo County
2403 San Mateo NE, W-16C       Albuquerque, NM 87110       Phone: 505.884.8441       Fax: 505.884.8488
Email any comments or concerns to LWVABC at nmia dot com using @ for at and . for dot