Freshmen City Councilors Sanchez and Grout Seek To Gut Mayor’ Office With Ultimate “Borg” Power Grab; A Referendum On Keller’s Job Performance; 2025 Candidates For Mayor Already Being Mentioned

On April 27, first term City Councilors Democrat Louie Sanchez and Republican Renee Grout announced they will introduce legislation proposing a City Charter amendment for a public vote that will make the Mayor of Albuquerque a member of the City Council and transfer all the mayor’s executive and city management duties to a city manager chosen by the city council.

According to the proposed legislation, the mayor would be recognized as the head of the City government for all ceremonial purposes”. The Sanchez/Grout proposal is commonly referred to as a “weak mayor-council” structure of city government relegating the mayor to mere ceremonial functions.  It exists in the much smaller New Mexico communities of Rio Rancho and Las Cruces. The postscript to this blog article outlines the two major types of mayor-city council forms of government.

Sanchez and Grout are seeking to place a charter amendment on the November 7, 2023 municipal ballot that will restructure city government and it would ultimately be up to Albuquerque voters.  On the November ballot will be the 4 even numbered city council positions as well as $200 Million in voter approved bonds.

Under the proposed legislation, a “professional city manager would be selected by the City Council to oversee and manage all 27 city departments and directors. The city’s existing Chief Administrative Officer (CAO) already serves this function and presumably would be abolished. Just a few of the major departments the city manager would oversee would include the APD and Fire Departments, the City Attorney, the City Clerk, the Planning Department, the Solid Waste Department, Transit Department and the Family and Community Services Department.   The city manager would administer the city’s personnel rules and regulations for the over 7,000 city employees.  The City manager would be responsible to prepare and formulate the city’s annual operating budget for city council review and adoption.  This year’s 2023-2024 proposed budget is $1.4 Billion.

The mayor would preside over council meetings, but would only be allowed to vote in case of a tie vote. The mayor would have no administrative duties, nor hiring authority, and be allowed to vote at council meetings only in the event of a tie.  In practice, ties votes cannot occur given the fact that there are 9 members of the city council. With 9 members, tie votes are extremely rare if not unheard of and only occur if at least one of 9 members is absent or recuses themselves from a vote.

As it stands now, there are no term limits for Mayor nor City Council. The Mayor of Albuquerque is the only citywide elected official. City Councilors are elected by specific council districts representing upwards of 90,000 residents per district. The mayor would have no veto power over enacted legislation and would have less power than a city councilor on pending and enacted legislation.

SANCHEZ AND GROUTS RATIONAL

Both Democrat City Councilor Louis Sanchez and Republican Renee Grout commented on their proposed legislation.

Sanchez had this to say:

I think this is something the citizens have needed for a long time and deserve. … What we’re simply doing is making sure that the council can vote on putting it on the ballot. … It’s time to let the citizens decide if they’ve been impacted at all by safety, security issues.We hear people always talking from Rio Rancho, ‘Man I don’t want to go to Albuquerque, because Albuquerque’s dangerous’. … I think it’s a great opportunity for our citizens to chime in [and] make Albuquerque  a little more efficient, more stable, more fiscally responsible and transparent over time. …  [The Mayor] …  would still bring a lot to the table [in a council-manager structure]. There is a lot of things that every one of the other mayors [in this form of government] bring to the table, so it’s a very important job.”

Sanchez disputed the notion that the system would diminish the mayor, saying the mayor could still propose legislation and policy. Sanchez also argued the council could work to expand city council membership so that there are an even number of councilors, as is the case in Rio Rancho and Las Cruces.

EDITOR’S COMMENTARY  What is downright laughable is when City Councilor Louis Sanchez says the mayor could still propose legislation and policy, but does not say the Mayor would be prohibited from voting on it or vetoing it. What is also laughable is when he says  there is a need for people to “chime in about public safety and security issues”.  Sanchez is a retired APD police officer and former head of Mayor Martin Chavez’s security detail, and is now an insurance salesman. His comment is reflective of being totally ignorant as an an elected official to what has been going on for the last 8 years with the Department of Justice (DOJ) consent decree reforms.  The DOJ consent decree was brought on by citizens’ complaints and findings of excessive use of force and deadly force and a “culture of aggression” within APD. The city council has proven to be an absolute failure in overseeing APD and dealing with reducing crime but Sanchez says people need to “chime in” on the city’s crime problems when they have repeatedly done so especially with the city council who have the reputation of just not listening or doing anything meaningful.

Grout for her part said the proposal is not about “one person” referring to Mayor Keller, but rather the city’s overall performance.  Grout said new mayors can terminate at will department directors and shelve existing programs and initiatives. Grout cited the Rail Trail, a planned multimodal path connecting the Rail Yards and Downtown to other key Albuquerque attractions, as a prime example.  Keller has made it one of his legacy initiatives but Grout noted that its development may span future administrations. Grout said she supports the project but would hate to see it die with a change in mayor.

Grout contends the council-manager system would lend more stability to operations, ideally limiting the upheaval that currently occurs when a new mayor takes office. It’s something she says could improve accountability, collaboration, and productivity. She listed as examples the much larger municipalities Dallas, Texas and Oklahoma City, Oklahoma and Phoenix, Arizona  and the much smaller New Mexico municipalities of  Rio Rancho and Las Cruces.

Grout said this:

It makes for a government that’s more responsive and better balanced between different interests. …  Under the council-manager system, the mayor is included on the council and part of all policy decisions with citizens and other councilors. The mayor is still the head of the city government and he represents the city at public junctions, and I should say he or she. …  I am learning that city government, or government, works very slowly and to get anything done takes forever. … If you’re having to start over again [with a new mayor and new priorities], no wonder we’re not making ground. … City managers are selected based on their experience and qualification for this job. They have no guaranteed term of office, they are accountable to the entire council for the quality of their performance on the job. …  Dallas and Phoenix  both …  have this form of government and they are thriving and they are excelling. You see they’re vibrant and I think we’re getting left behind. When a new mayor comes in and that mayor doesn’t like what the previous administration was doing they change everything up.”

EDITOR’S COMMENTARY:  Grout expressed concern over major projects not carrying  over from one mayor to another.  There are times a previous Mayor’s legacy projects need to be stopped. Grout has forgotten the disastrous ART bus project started by Mayor Berry but finished by Mayor Keller with council support. When Grout says she is learning that city government … works very slowly and to get anything done takes forever”  she acts like the city council is not part of the problem when in fact it is the biggest problem and impediment to getting things done and all the delays in drafting and enacting legislation. When Grout says “[City managers] have no guaranteed term of office, they are accountable to the entire council for the quality of their performance on the job” she must think this a good thing.  It is based on the false presumption that  9 city councilors with very different priorities and politcal philosophies will agree on the quality of job performance. What you will have is a city manager jumping to the every whim and demand of each city councilor to keep them happy. With no “guaranteed term of office”, no professional  in their right mind would want the job and would likely demand  a contract with a lucrative buy out provision.

KELLER ADMINISTRATION REACTS

Mayor Tim Keller’s spokesperson Ava Montoya wasted no time in issuing a written statement condemning the idea as an “empty threat from Sanchez, who has long criticized the Keller administration.”  According to the statement:

“[The] proposal would turn back the clock 50 years to the dark ages of city government, and is the opposite direction of where American cities are heading.”

Links to quoted news sources are here:

https://www.koat.com/article/albuquerque-city-councilors-seek-weaken-mayor-role/43744354

https://www.koat.com/article/city-councilors-wants-a-city-manager-mayor-disagrees/43750857

https://www.krqe.com/news/politics-government/albuquerque-city-councilors-propose-amendment-that-would-shift-mayors-powers/

https://www.abqjournal.com/2594324/albuquerque-city-councilors-propose-weakening-mayoral-authority.html

BEEN THERE, DONE THAT

Under the New Mexico constitution, the city of Albuquerque is classified as a “home rule” municipality that can create its own form of government by enacting a charter with a public vote, it must be non-partisan by law and it has limited taxing authority.

For many decades, the City of Albuquerque had a 5 member city commission with an appointed city manager. The city commission chairman served as “honary mayor” for ceremonial purposes. The most notable City of Albuquerque “honary mayors” who chaired the city commission were Democrat Mayor Clyde Tingly who went on to be elected Governor of New Mexico and Republican Pete V. Domenici who became a 6 term United States Senator after being defeated for Governor by Bruce King.

The blunt truth is the City Commission-City Manager did not serve the city well, it  was not considered reflective of the city’s diverse population, it did not serve the needs of a growing population and city hall was riddled with cronyism, disfunction and politcal operatives.  There was a major movement to expunge city hall and have a fresh start and to make city hall more professional with a full-time paid Mayor and paid City Council.

It was on June 29, 1971 by special election that the City of Albuquerque created the existing Mayor-Council form of government by enacting a new City Charter. The 1971 enacted city charter created a “strong Mayor-City Council” form of government.  The postscript to this blog article outlines Articles IV and V of the City Charter and delineates the duties and responsibilities of the city council and the mayor.

In 1971, the original salary of the Mayor was set at $50,000 a year and city councilors salaries were set at $7,500 a year. Today the Mayor is paid $125,000 a year and city councilors are paid $34,000 a year with salaries determined by a citizens’ independent salary commission.

On March 24, it was reported that the Citizens Independent Salary Commission responsible for making recommendations for compensating city elected officials voted to recommend increasing the pay of city councilors by 87%.  If approved, city councilor pay would go from the present $33,600 to $62,843 a year.  The City Council president would get an equivalent increase going from $35,860 to $66,928 a year. The commission also voted to increase the mayor’s salary going from $132,500 to $146,081 a year.

POLICY VERSUS MANAGEMENT

The City Council is the legislative governing body of the city responsible for establishes and implementing overall city policy. The Council has the power to adopt all ordinances, resolutions or other legislation conducive to the welfare of the people of the city. The council has the exclusive authority to establish or change zoning laws that affect property rights.

The city council’s oversight authority over all city departments cannot be understated. The city council has “advise and consent” authority over the Chief Administrative Officer, the City Attorney, the City Clerk and the Chiefs of Police and Fire and the council can remove them with a two thirds vote of no confidence. The city council has direct control of all departments by virtue of the annual city budget they must approve and must approve all expenditures in excess of $50,000 by the departments thereby controlling the purse strings of city  government.

The Mayor is the chief executive officer with all executive and administrative powers of the city and the official head of the city for all ceremonial purposes. The Mayor’s powers fall short of the overall authority of the City Council.  The Mayor controls and directs the executive branch and is authorized to delegate executive and administrative power within the executive branch.

It is the Chief Administrative Office (CAO) of the City, appointed by the Mayor with “advice and consent”  of the City Counsel, that runs the day to day operations of the city and administers the City’s personnel rules and regulations. The Mayor is strictly prohibited from being involved with the enforcement of the  personnel rules and regulations.   The CAO is like the conductor of a train that keeps things running on time with the delivery of services.  The CAO for all practical purposes is akin to a City Manager, something Sanchez and Grout ostensibly do not understand.

COMMENTARY AND ANALYSIS

Both Democrat City Councilor Louis Sanchez and Republican Renee Grout were elected on November 2, 2021 having never been elected nor served  before in any other elective office. They have served a mere 16 months as city councilor having been sworn into office on January 1, 2022.  Both now proclaim the city needs a complete and dramatic restructuring of city government and their true motivation is very suspect and is easily identified by their own failures at oversight.  Further, they simply do not know what they are talking about and do not understand the full extent of their authority but they want more power by gutting the office of the Mayor.

“BORG LIKE”  POWER GRAB

The Sanchez/Grout proposal is to have the Mayor essentially “absorbed”, what  the one mind cybro colony Borg do in Star Trek, by the 9 member City Council. It is a recipe for disaster and failure given how divisive and partisan the Council has become over the last 5 years. Sanchez/Grout want the 9 member city council to select and appoint a City Manager. They want the City Council to become involved in the day to day operations of the city and minutia of personnel management.

Simply put, the Sanchez/Grout proposed charter amendment is nothing more than one great power grab by the two freshman councilors not satisfied with the power they already have.  The do not recognize the need for division of power and a system of checks and balances that exists now. Both show at best sure ignorance of city government, how it works, what authority and role they should play as city councilors.

Both  do not understand that the City Council is the policy and legislative body of the city. They do not understand the Mayor is the executive officer of the city responsible for the day to day operation of the city. It’s the voters who already have the ultimate say to decide if they are doing a good job and should continue doing it with no term limits for the jobs of city council and mayor.

MOTIVATIONS OF SANCHEZ AND GROUT

Albuquerque is not Phoenix, Dallas nor Oklahoma City like Grout would like everyone to believe to be when she refers to those cities and their city manager form of Government. Albuquerque is in no way as wealthy, but far more unique and diversified in its people and neighborhoods.

There is very little doubt, despite what they are saying publicly, with a straight face no less, what is motivating Sanchez and Grout. It is their sure dislike for Mayor Tim Keller and his progressive policies and the fact he has repeatedly out maneuvered the City Council with his veto. Their solution is simply get rid of Keller’s power as Mayor in case he runs again, which is likely, for another term, and wins, which is questionable.

In the last 16 months, Sanchez and Grout have tried and have failed to override at least 5 Keller vetoes.  Thus far, they have failed to stop Keller’s “Housing Forward ABQ Plan” which will allow 750 square foot casitas and duplexes in all residential back yards, and motel conversions, where the city buys motels to convert to low-income housing.  They have failed to hold  Mayor Keller accountable to any real extent for impropriety, such as the violation of the anti-donation clause with the $236,622 purchase of artificial turf for the Rio Rancho Events Center for the benefit of the privately owned New Mexico Gladiators.

The verry timing of the proposed city charter amendment is very suspect. Both Sanchez and Grout know full well that placing it on the November 7 municipal ballot will be akin to it being a referendum on Mayor Tim Keller’s job performance over the last 5 years, and that is what they really want. Those supporting creating a city council, city manager form of Government will no doubt say that Tim Keller has done such a lousy job as Mayor and it’s evidence we need to change and dilute the powers of the mayor and give it to the city council.  Keller for his part will likely campaign heavily against it.

Sanchez and Grout fail to understand that the general public’s opinion of the current city council is not that all great.  There are real reasons why Democrats Isaac Benton and Pat Davis and Republican Trudy Jones are not well liked and are stepping down at the end of the year.  The fourth city councilor up for re election is Republican Brook Bassan who will likely have strong Republican opposition because of her advocacy and then reversal of city sanctioned homeless tent encampments know as Safe Outdoor Spaces.

KELLER IS SAID TO BE RUNNING AGAIN, AND SO ARE OTHERS

In 2017 and then again in 2021 Mayor Tim Keller was elected twice by sizable margins considered landslides.  Keller beat Dan Lewis in 2017 with 62.2% to 37.8%.  In 2021 Keller again won with 56% beating Bernalillo County  Sherriff Manny Gonzales who garnered 25.6% of the vote and right wing talk show host Eddy Aragon who garnered 18.4% of the vote.

There are no term limits for mayor. Mayor Tim Keller is already saying privately to his supporters and some staff members he is running for a third term.  Notwithstanding, his popularity is wanning and is declining dramatically.  On November 3, the Albuquerque Journal released a poll on the job performance of Mayor Tim Keller. The results of the  showed Keller has a 40% disapproval rating,  a 33% approval rating an with 21% mixed feelings. The low approval rating was attributed to Keller’s continuing failure to bring down the city’s high crime rates despite all of his promises and programs, his failure to deal with the homeless crisis and his failure to fully staff APD after promising to have 1,200 sworn police during his first term. Today, APD employs 856 sworn police.

https://www.abqjournal.com/2545820/mayor-kellers-job-approval-rating-sinks.html

The fact that Keller is already saying he wants a third term is likely attributed to the fact his ambition for higher office has been deflated because of his low approval poll numbers.  Keller has said privately to others he feels he has no other state wide or federal office he can run for and win.  Keller knows he is vulnerable and knows that at least 5 others who  already saying they want to run for Mayor in 2025.

In addition to Tim Keller, the other 5 potential candidates for Mayor are:

Republican City Councilor Dan Lewis.  Then 2 term City Councilor Dan Lewis ran for Mayor in 2017 and was among 8 candidates that year.  Lewis and Keller made it into the runoff to run against each other. Keller won by a landslide securing 62.2% of the vote to Dan Lewis at 37.8% of the vote.  Lewis returned to the City Council when he was elected on  November 2, 2021 after defeating first term Democrat City Councilor Cynthia Borrego. Soon after being elected to city council, Lewis made it known privately to many of  his supporters he is running for Mayor in 2025. He is champing at the bit to have a rematch with Keller so much so that he has gone out of his way to be one of the main critics of Keller on city issues.

Bernalillo County District Attorney Sam Bregman.  Sam Bregman was appointed Bernalillo County District Attorney by Governor Mitchell Lujan Grisham on January 4 to serve out the remaining two years of the 4 year term of Raul Torrez who was elected Attorney General in 2022. After being appointed DA, Bregman made it known he would serve only 2 years and not run for reelection. Bregman disclosed to more than a few within the legal community when he was applying for DA, it was his intent to run for Mayor in 2025.  Bregman is a well-known and highly respected former criminal defense attorney. He is also a former Albuquerque City Councilor.  Bregman unsuccessfully ran for Commissioner of Public Lands and Mayor of Albuquerque He is a former State Chairman of the Democratic Party.

Two Term Democrat Bernalillo County Clerk Linda Stover.  Stover has been elected twice to 4 year terms as Bernalillo County Clerk with very comfortable margins.  She is term limited and she is well like within the Democratic party. She has not at all been shy on FACEBOOK indicating she wants to run for Mayor and billboards with her image encouraging people to vote only stoked speculation she wants to run for Mayor.  She has made it known to more than a few county employees she is running for Mayor.  Keller is ostensibly concerned over her candidacy having admonished his constituent services liaison officer Alan Armijo and others from taking photos with her that could wind up in her campaign materials.

First Term Democrat City Councilor Louis Sanchez. Sources within APD are saying he is eyeing running for Mayor. Democrat Councilor Sanchez, along with Dan Lewis, has become the media go to city councilor to object to all things Tim Keller.  Since commencing his term on the City Council on January 1, 2021 Louie Sanchez has aligned himself with all 4 Republicans on major Republican sponsored resolutions calling for the repeal of past Democrat initiatives. Sanchez has voted for the Republican sponsored repeals of Democrat sponsored legislation including the city policy mandating project labor agreements, the emergency powers given to the Mayor to deal with the pandemic and voted to repeal the ban on the use of plastic bags at businesses. Sanchez raised more than a few eyebrows in 2022 when it was reported on March 14, 2022 he had established a political action committee called the Working Together New Mexico PAC that was formed to back “moderate” Democrats in a host of contested Democratic Party primary races.

First Term Republican City Councilor Brook Bassan.  Bassan’s name as potential candidate for Mayor in 2025 began to circulate 1 year ago. However, her initial support and then withdrawal of support of city sanctioned safe outdoor space tent encampments resulted in loss of support of many of her constituents. Bassan’s District 6 City Council seat is one of 4 council seats that will be on the November 7 ballot and she has yet to announce if she is running for a second term, but Republican opposition is expected.

FINAL COMMENT

The 2025 Mayor’s race is 2 years and 7 months away and in the public’s mind that is a long time especially given the fact that next year is a presidential election year.  Keller will use that time to try and shore up his sagging polls numbers which is a tall order. Others will lay or are laying  the ground work for their own campaigns with more than one already having made up their minds that they are running and still others not mentioned thinking about running for Mayor.

In the meantime, the City Council should reject in no uncertain terms, City Councilors Sanchez and Grout’s power grab and their attempt to establish a city manager form of government at city hall.

______________________________________________________________________

 POSTSCRIPT

TYPES OF MAYOR – COUNCIL FORM OF GOVERNMENTS

“Mayor-council government is one of the five major types of municipal government found in cities and towns throughout the United States. The other four are council-managercommissiontown meeting and representative town meeting.

Mayor-council governments generally feature an elected executive officer called a mayor and an elected legislative body that is most often known as the city council.

Depending on a city’s history or its relationship with it community, the legislative body might go by another name such as an urban-county council, a common council, a board of supervisors or a metro council.  Similarly, the number of city council members varies widely. The Madison Common Council, for example, consists of 20 members, while the New York City City Council consists of 51 members.

In a mayor-council government, the mayor and city council work together to balance and pass a budget, draft and enforce legislation and oversee city departments and appoint departmental heads. But the dynamics of how the mayor and city council work together depend on the type of mayor-council government that a city uses.

Today’s city of Albuquerque form of government is classified as a strong mayor form of city government.  Mayor-council government can be broadly divided into 2 major types: strong and weak. The difference centers on the scope of the mayor’s executive authority and legal power.

STRONG MAYOR- COUNCIL FORM OF GOVERNEMENT

Strong mayor-council governments reflect the organization of most city governments in the United States. The mayor is designate as  the city’s chief executive, while the council is the city’s primary legislative body.

The general characteristics of strong mayor-council governments are as follows:

The mayor is not a member of city council.

The mayor may appoint city department heads.

The mayor drafts an proposes the city budget to the city council.

The mayor possesses veto or line-item veto power over legislation enacted by the city council.

The mayor officially represents the city on the state, national and international levels as the need arises,

The mayor exercises oversight of the city’s day-to-day operations.

The mayor enforces city laws and ordinances.

 WEAK MAYOR- COUNCIL FORM OF GOVERNMENT

In a weak mayor-council government, the executive authority of the mayor is less expansive and more power is shared with the council. The general characteristics of the mayor-council governments are as follows:

City council appoints and approves departmental heads.

City council, usually in consultation with the mayor or an appointed administrative officer, drafts a budget.

The mayor possesses limited or no veto power.

The mayor officially represents the city on the state, national and international level

The mayor shares oversight of the city’s day-to-day operations with city council, an appointed administrative officer or both.

The mayor works together with city council, an appointed administrative officer or both to enforce laws and ordinances.

The mayor may be a member of the city council or the presiding member of the city council.”

The link to quoted source material is here:

https://ballotpedia.org/Mayor-council_government

CITY OF ALBUQUERQUE CHARTER PROVISIONS

It is Article IV of the City of Albuquerque  City charter that outlines the powers and duties of the City Council.  It is  Article V that outlines the powers a duties the Mayor. Both  provide in part as follows:

 ARTICLE IV. COUNCIL

Section 1. AUTHORITY AND MEMBERSHIP OF THE COUNCIL.

The legislative authority of the city shall be vested in a governing body which shall constitute the legislative branch of the city and shall be known as a Council, consisting of nine members from separate Council Districts, each member to be known as a Councillor. Each of the Council Districts shall elect one Councilor, who shall be a qualified voter of the District.

…  .

Section 8. COUNCIL POWERS.

The Council shall have the power to adopt all ordinances, resolutions or other legislation conducive to the welfare of the people of the city and not inconsistent with this Charter, and the Council shall not perform any executive functions except those functions assigned to the Council by this Charter.

Section 10. COUNCIL DUTIES.

The Council shall:

(a)   Be the judge of the election and qualification of its members;

(b)   Establish and adopt by ordinance or resolution five-year goals and one-year objectives for the city, which goals and objectives shall be review and revised annually by the Council;

(c)   Consult with the Mayor, seek advice from appropriate committees, commissions and boards, and hold one or more public hearings before adopting or revising the goals and objectives of the city;

(d)   Review, approve or amend and approve all budgets of the city and adopt policies, plans, programs and legislation consistent with the goals and objectives established by the Council;

(e)   Preserve a merit system by ordinance;

(f)   Hire the personnel necessary to enable the Council to adequately perform its duties;

(g)   Perform other duties not inconsistent with or as provided in this Charter; and

(h)   Faithfully execute and comply with all laws, ordinances, regulations and resolutions of the city and all laws of the State of New Mexico and the United States of America which apply to the city.

ARTICLE V. MAYOR

Section 1. ELECTION OF THE MAYOR.

The Mayor shall be a registered qualified elector on the date of filing of the declaration of candidacy for the office of Mayor. The Mayor shall be elected by the registered qualified electors of the city.

Section 3. POWERS; PERFORMANCE; APPOINTMENTS.

The executive branch of the city government is created. The office of Mayor is created. The Mayor shall control and direct the executive branch. The Mayor is authorized to delegate executive and administrative power within the executive branch. The Mayor shall be the chief executive officer with all executive and administrative powers of the city and the official head of the city for all ceremonial purposes. The Mayor shall devote full time and attention to the performance of the duties of office and shall hold no other paid public or private employment.

Section 4. DUTIES OF THE MAYOR.

The Mayor shall:

(a)   Organize the executive branch of the city;

(b)   Exercise administrative control and supervision over and appoint directors of all city departments, which appointments shall not require the advice or consent of the Council except as provided in (d) of this Section;

(c)   Be responsible for the administration and protection of the merit system;

(d)   With the advice and consent of the Council, appoint the Chief Administrative Officer, any deputy administrative officers, the Chief of Police, and the Fire Chief. Appointees requiring the advice and consent of the Council shall be presented to the Council for confirmation within 45 days after the Mayor takes office or after a vacant appointed position is filled. When an appointee is presented to and not confirmed by the Council, the Mayor shall, within 60 days thereafter, nominate another person to fill the position, and the Mayor may continue to nominate until confirmation;

  1. The Police Chief or Fire Chief may be removed for cause by a vote of two-thirds of the entire membership of the Council.

(e)   Select and remove the City Attorney only as follows:

  1. The City Attorney shall 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.
  2. The City Attorney’s appointment shall be for a term that coincides and terminates with the term of the Mayor making the appointment unless sooner removed as provided herein.
  3. The City Attorney may only be removed from office for cause by the Mayor with the concurrence of two-thirds of the entire membership of the Council after cause has been determined by the Director of the Office of Internal Audit and Investigations.

(f)   Select and remove the City Clerk only as follows:

  1. The City Clerk shall 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.
  2. The City Clerk’s appointment shall be for a term that coincides and terminates with the term of the Mayor making the appointment unless sooner removed as provided herein.
  3. The City Clerk may only be removed from office for cause by the Mayor with the concurrence of two-thirds of the entire membership of the Council after cause has been determined by the Director of the Office of Internal Audit and Investigations.

(g)   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;

(h)   Formulate the budgets of the city consistent with the city’s goals and objectives, as provided in this Charter;

(i)   Establish and maintain a procedure for investigation and resolution of citizen complaints;

(j)   Prepare a written state of the city report annually, within thirty days after final approval of the operating budget of the city, which report shall be filed with the City Clerk, made a part of the permanent records of the city and available to the public;

(k)   Perform other duties not inconsistent with or as provided in this Charter; and

(l)   Faithfully execute and comply with all laws, ordinances, regulations and resolutions of the city and all laws of the State of New Mexico and the United States of America which apply to the city.

The link to review the entire City of Albuquerque Charter is here:

https://codelibrary.amlegal.com/codes/albuquerque/latest/albuqcharter/0-0-0-254#JD_CharterArticleV