City charter changes could create chaos

Proposed changes to the city’s charter have stirred up an old-time controversy. 

Several Albuquerque city councilors are asking for a slew of changes to the city’s charter that would go to the voters. The stack of charter amendment proposals will be debated at their May 20 regular meeting. If approved, the changes will go to the voters in November.

Four charter changes

One major proposal is to change the requirement that a mayor, or city councilor, have at least 50% of the vote or be subject to a run-off election. The proposed change states the winner would need to have at least 40% of the total vote.

Needing at least 40% of the vote was the city policy that was in place prior to 2009. When there was a three-candidate mayor’s race, Republican Richard Berry took the mayor’s office with 44% of the votes over incumbent Mayor Martin “Marty” Chavez and fellow Democrat Richard Romero who split the remaining voters 36% to Chavez and 20% to Romero.

The three remaining charter amendment proposals address the following:

• Changes to the procedure for the appointment and removal of the city attorney and city clerk where those positions will still be held through an open and competitive process but instead of the mayor bringing its choice to the city council for approval, there would be a committee set up by both the mayor and the council to decide who to bring forward for an affirmative vote by two-thirds of the council.
• Changing the charter to allow the city council to remove the Albuquerque Police Department and Albuquerque Fire Rescue chiefs. Council would be able to remove either chief at any time with notice to the mayor and the affected personnel by a two-thirds vote of the nine-member council.
• Changes to the procedure that resolves disputes between the executive and legislative branches regarding their respective duties. This change will set up a conference committee to determine the role of the city council and the mayor under the charter. This also addresses that the positions for the conference committee are to be filled promptly to avoid delays in filling vacancies.

Controversy and Perspective

It is no secret that there is a growing rift between some city council members and Mayor Tim Keller. All anyone has to do is tune into a city council meeting and see the fiery interactions between some councilors and members of Keller’s administration. These include numerous failed attempts by a couple of members of the council to get a message of no confidence off its dias and on to the mayor’s office. Rumors swirl that one or more of the sitting councilors will be throwing their hats in the ring to take the mayor’s job from Keller. These charter amendment proposals come at a time when Keller is under constant scrutiny from the conservative-dominated council. Criticisms include the police department’s staffing rate and the DWI scandal along with the inspector general looking through a microscope at special payouts to some of Keller’s top administrators upon their resignations.

“A group of city councilors is introducing a slate of charter amendments under the guise of streamlining city government procedures for hiring selection and city elections, but these charter amendments reflect the opposite of transparency and efficiency. It is unfortunate that faced with crime and homelessness, a group of councilors are wasting time on the politics of power, instead of bringing real solutions to the table,” Keller countered in a press release. “Given the enormity of the potential impact and the number of changes, the appropriate course of action would be to convene a Charter Review Task Force made up of city council, the administration, and other representatives.”

The current five-member voting block of conservatives could ensure that these changes are put forward to the voters but it will all depend on a swing vote as a majority is six out of nine.

In other city council business:

• Final approval of the 2025 city budget will be up for approval after the council’s Committee of the Whole restored some funding to library services, the BioPark funding, as well as not raising fees at some of the city’s more popular places such as golf courses and senior centers.
• A $1.2 million cut to the Health, Housing & Homelessness budget was made by the council budget committee. Homelessness advocates have expressed concern about how it will affect programs and services at the Gateway Center at Gibson Health Hub and the Westside Emergency Housing Center. 
• A controversial measure to amend the city’s Immigrant Friendly Policy may be discussed after it was moved out of a city committee without recommendation. The current policy prohibits municipal resources from being used to identify individuals’ immigration status or apprehend persons solely based on immigration status. The amended policy will no longer apply to those charged with violent offenses such as human trafficking or trafficking of controlled substances.
• Councilors will be considering the sale of some short-term Lodger’s Tax improvement revenue bonds to the tune of about $1 million to be used for improvements at Isotopoes Park.
• Councilors will look at amending the city’s Sustainability Ordinance to include considering community and environmental impacts in all business recruitment and to provide economic packages and incentives to consider such things as energy efficiency, water conservation and environmental social governance.