On April 12 and then April 26 the Albuquerque City Council Land Use and Zoning Committee held meetings on the yearly amendments to the Integrated Development Ordinance (IDO). The committee of 5 consists of conservative Republicans Trudy Jones, Dan Lewis and Renee Grout, and progressive Democrats Isaac Benton, and Tammy Fiebelkorn with FIebelkorn appointed as chair of the committees by progressive Democrat City Council President Pat Davis

Among the more controversial amendments considered was 0-22-54 which is Mayor Keller’s proposed zoning code changes to allow the construction of 750 square foot casitas and 750 square foot duplex additions on every single existing residential lot that already has single family house in order to increase density.   According to city officials, there are  120,000 residential lots that have existing homes.  With the construction of “casitas” and “two family home” additions, density could double to 240,000 with casita structures alone or triple to 360,000 with both casitas and duplex home additions.

The zoning code amendments would make both casitas and duplex additions “permissive uses” and not “conditional uses” as they are now and have always been historically.  A “conditional use” requires an application process with the city Planning Department, notice to surrounding property owners and affected neighborhood associations and provides for appeal rights. A “permissive use” would give the Planning Department exclusive authority issue permits for construction without notices and hearings and with a no appeal process. Objecting property owners and neighborhood associations to the permissive casita and duplex uses would be relegated to filing lawsuits to enforce covenants and restrictions. City officials have said that restrictive covenants and building set backs in property deeds are a private property  matter between landowners that the city does not enforce.

 The amendments are part of Mayor Tim Keller’s “Housing Forward ABQ Plan.” Keller proclaims the city is in a major “housing crisis” and the city has an immediate demand for 13,000 to 28,000 housing units including rental units.  Keller wants to allow “different forms of multi-unit housing types” on existing residential properties.  It is a “multifaceted initiative” where Mayor Keller has set the goal of adding 5,000 new housing units across the city by 2025 above and beyond what private developments and the construction industry normally creates each year.

APRIL 12 LUPZ MEETING

The April 12 LUPZ Committee allowed for the first-time public comments on the IDO updates.  People were required to sign up an hour and a half before the meeting began. People were given a maximum of 2 minutes each to address the committee, a limitation strictly enforced with a timer and the ringing of a bell by committee chair Fiebelkorn requiring people to rush through their comments.  Comments were made for and against Keller’s “Housing Forward ABQ Plan.”

The majority of the speakers stated they had affiliations with neighborhood associations and they argued against the changes. The consensus amongst the neighborhood association representatives is that the zoning proposal is a rush job.  Many of the speakers voiced concern that the changes would alter neighborhood character or invite developers to buy up single family homes and replace them with duplexes and casitas to maximize value. Established neighborhood association leaders said their quality of life would be negatively impacted by increasing the population, diminishing their privacy, and creating more parking problems if ADUs became permissive uses.

Not at all surprising, many developers spoke in favor of the zoning changes to allow casita and duplex developments on all residential lots in the city.  The argument made by the developers to solve the city’s housing shortage was to simply build more, ignoring the economics of supply and demand and financing and assuming rents and market values will go down by simply building more housing.

The 2 most prominent speakers representing the commercial real estate development community who spoke in favor of the amendments and Keller’s Housing Foreword ABQ Plan were Jim Strozier, the President of the New Mexico Chapter of the National Association of Industrial and Office Parks (NAIOP), and NAIOP’s Executive Director Rhiannon Samuel.  Both Strozier and Samuel proclaimed the city was in a housing crisis and the only way to solve it is to build more housing.  NAIOP is considered the most influential business organizations in the city boasting membership of upwards of 300.  NAIOP membership consistently bids on city construction contracts.

Also speaking in favor of “Housing Forward ABQ Plan” during the April 12 LUPZ committee hearing were people who work with low-income and homeless populations, homeowners interested in building casitas to keep their own family members close by, and college students and young people who said the changes could help make housing more affordable.  College students and young people wanting casitas and duplex developments were particularly eloquent describing their struggles to make a living, often having to work two jobs and share housing with others to afford rent. They argued that  Accessory Dwelling Units and duplexes in R-1 residential neighborhoods would help them.

EDITORIAL COMMENT: The idealistic argument of simply building more and having more housing units will reduce rents is not reality nor free market based. Historically, rents and housing pricing increase or stabilize, they do not ever decline.  Property owners and landlords always charge what the market will bear and they get it

During the April 12 LUPZ committee meeting former City Councilor, State Senator and progressive Democrat Eric Griego with the Mayor’s office made an identical presentation to the LUPZ Committee city officials made at 5 public hearings using the same slides and arguments made to the public on Keller’s “Housing Forward ABQ Plan” and the amendments to the Integrated Development Ordinance.

After the presentation by Eric Griego, Republican Councilor Renee Grout spent time questioning Griego.  The Grout line of questioning of Griego included asking what stakeholders, neighborhood associations, developers and charitable organizations were involved with the process of developing the Mayor’s Housing Foreword ABQ Plan. She asked to what extent had the Keller Administration conferred with neighborhood associations and property owners on the plan.  The line of questioning included to what extent had the Keller Administration incorporated, modified or changed the Housing Foreword ABQ Plan to reflect changes asked for at the 5 public forums.

EDITORIAL COMMENT: Eric Griego’s responses to Councilor Renee Grouts line of questioning were totally inadequate bordering on being misleading as he hesitated, stammered and deflected answering her questions.  Griego was not able to identify a single stakeholder, neighborhood association, developer or charitable organization involved with the process of developing the Housing Foreword ABQ Plan. There exists in the city upwards of 250 various neighborhood associations, yet Griego could not identify even one that was conferred with to develop the Housing Forward ABQ Plan.   What was most disappointing is that Griego was not able to say to what extent the Keller Administration incorporated, modified or changed the Housing Foreword ABQ Plan to reflect the desired changes asked for during the 5 public forums. Eric Griego said repeatedly the Keller Administration wants to work with the community and stakeholders to come up with a plan through communication and compromise, but he gave the unmistakable impression that the Keller Administration had changed absolutely nothing and has no intentions of changing anything.

After all public comments, Councilor Renee Grout attempted to amend what was being offered by the Keller Administration on casita and duplex developments.  Grout repeatedly said she was trying to represent “neighborhood association” interests with her amendments, but she was given no support from the other 4 committee members. When Grout offered her amendments for discussion and input, she was not given the courtesy of a second by her colleagues to allow public discussion, not even by fellow Republicans Dan Lewis and Trudy Jones.

Councilor Grout unsuccessfully tried to amend  the bill so property owners asking for a permissive use would have to undergo a public hearing process before building a casita and to require that casitas be at least 5 feet away from a property’s rear and side lot lines.  To add insult to injury, the LUPZ Committee ignored Grout and extended the casita allowance to include the city’s residential agricultural zone.

Grout also wanted to strike Keller’s duplex allowance from the legislation entirely.   Grout said this when she sought to strike Keller’s duplex allowance from the legislation entirely:

“I think that it would be odd in a regular neighborhood to all of the sudden have a duplex in the middle of the neighborhood. … When somebody spends their hard-earned money on a single-family home that was their biggest investment they ever made and (then), for the neighborhood to change, it scares some people.”

APRIL 26 LUPZ MEETING

The April 26 City Council LUPZ committee meeting was simply a continuation of the April 12 meeting.  People were allowed to speak on 0-22-54 allowing construction of Casitas and duplexes.  The meeting again featured neighborhood association representatives and coalition leaders. Also testifying were a few past officials saying that the casitas, also known as Accessory Dwelling Units (ADUs) should be conditional uses in R-1 neighborhood thereby giving neighbors and neighborhood associations a chance to be notified of the construction development and have a say on it.

Those speaking in favor of not changing the housing proposal from conditional use to permissive use were mostly commercial business owners. One speaker was an elderly woman who wanted a casita to be allowed on her daughter’s property.  One hotel builder thought Casitas would negatively affect  a project  on the west side.

SECOND VERSE SAME AS THE FIRST

The April 26 hearing once again had District 9 City Councilor Renee Grout asking Eric Griego with the Mayor’s Office to what extent stakeholders, neighborhood associations, developers and charitable organizations were involved with the process of developing the Mayor’s Housing Foreword ABQ Plan.  Eric Griego admitted that no neighborhood associations were consulted when the city drew up the change in zoning proposal to allow casitas and duplexes as permissive uses.  Griego also admitted that the Keller Administration has not incorporated any of the changes proposed at the 5 public hearing believing there was no need for changes.  What Griego did say is that the Keller Administrations simply reviewed what other major cities in the country are doing to increase density and developed the Housing Foreword ABQ Plan and the Keller Administration essentially  “cherry picked” what they thought would work in Albuquerque.

A District 6 Coalition (the SE Heights  International  District) leader testified  citing studies that showed Austin, Texas allowing the ADUs everywhere in hopes of increasing the affordable housing supply had not done so that and the opposite happened.  She said older homes had been torn down to make way for smaller multiple dwellings on lots and rents had risen.

The Secretary of District 7 Coalition said that members had expressed the opinion that making the casitas Accessory Dwelling Units conditional use was a possible compromise and that, while District 7  had no objection to the city’s plans for converting hotels into low-cost housing units, they thought it was a temporary solution.  According to the District 7 representative, the long term solution is to encourage and aid developers in building more apartments

RECOMMENDATIONS IGNORED

At the conclusion of the Aril 26 public comments, City Councilor Renee Grout offered and moved for  an amendment that would keep  casitas and duplexes a conditional use mandating that notice and hearing be required by the Planning Department. City Councilor Dan Lewis seconded the motion. When City Councilor Grout asked for the Administrations position on the amendment, Deputy Chief Administers Bob White said the Administration opposed it. Grout was surprised and became noticeably irritated and said she had conferred with the Keller Administration earlier and was told the Administration had no problem with it. White conferred with Eric Griego and after words told Grout the Administration had no position and could not support the amendment at the time. Realizing she did not have the votes to pass the amendment in committee, Grout withdrew her amendment knowing she could still introduce it  to the full council at a later date.

City Councilor committee members Tammy Fiebelkorn, Isaac Benton and Trudy Jones ignored all objections by the public to send  0-22-54  to the City Council with a “do pass recommendation.” Councilor Grout and Councilor Lewis voted against voting it out of committee with the “do pass recommendation”. Councilor Fiebelkorn then attempted to “fast-track” 0-22-54  to be heard at the next Council meeting for immediate action sidestepping further full city council hearings on all the amendments.  Councilor Lewis objected strenuously, saying that such a “sweeping” change to the R-1 zone should not be pushed toward rapid Council introduction and a final vote at the same meeting. Councilor Fiebelkorn withdrew her fast-track proposal. Notwithstanding Mayor Keller’s housing changes as embodied in 0-22-54 will likely go before the full Council on May 15 for some discussion but not a final vote.

COMMENTARY AND ANALYSIS

The City Council with enactment of 0-22-54 wants to  empower  the Planning Department to unilaterally issue “permissive uses” for “casitas” and “two family duplex development” on existing structures.  The Planning Department will be allowed to exclude the general public from the permissible use application and deny adjacent property owners the right to object and appeal casitas and duplex remodeling. It essentially will require property owners to sue adjoining property owners to enforce covenants and restrictions, pitting individual neighbors against entire neighborhoods.

Reclassification zoning of all single-family lots to allow residential duplex development and casita development will encourage large private investors and real estate developers, including out-of-state corporate entities, to buy up distressed properties or lease and covert whole blocks into rental duplexes with substandard rental casitas. This will dramatically degrade the character of neighborhoods and the City as a whole.

To put the argument in perspective, an individual investor will be able to purchase single family homes to rent, add a 750 square foot two family home addition and build a separate 750 foot free standing casita.  The result is a one home rental being converted into 3 separate rental units.  Such development will increase an areas property values and property taxes. It will also decrease the availability of affordable homes and raise rental prices even higher. It will increase gentrification in the more historical areas of the city as generational residents will be squeezed out by the developers and increases in property taxes.

The housing shortage is related to economics and the development community’s inability to keep up with supply and demand and the public’s inability to purchase housing and qualify for long term housing mortgage loans. There is also a shortage of rental properties resulting in dramatic increases in rents.  Mayor Tim Keller is using the short-term housing “crunch” to declare a “housing crisis” to shove his “Housing Forward Abq Plan” down the throats of the city residents and property owners. Keller is advocating transformative zoning changes to increase density by severely relaxing zoning restrictions to favor investors and the developers that will destroy entire neighborhoods.

Voters and residents are urged to contact and voice their opinion and tell all city councilors to vote NO on the 0-22-54 amendments.

CITY COUNCIL PHONE: (505) 768-3100

CITY COUNCIL AND SUPPORT STAFF  EMAILS

lesanchez@cabq.gov
louiesanchez@allstate.com
bmaceachen@cabq.gov
ibenton@cabq.gov
namolina@cabq.gov
kpena@cabq.gov,
rmhernandez@cabq.gov
bbassan@cabq.gov
danlewis@cabq.gov
galvarez@cabq.gov
patdavis@cabq.gov
seanforan@cabq.gov
tfiebelkorn@cabq.gov
lrummler@cabq.gov
trudyjones@cabq.gov
azizachavez@cabq.gov
rgrout@cabq.gov
rrmiller@cabq.gov
LEWISABQ@GMAIL.COM
nancymontano@cabq.gov
cortega@cabq.gov
cmelendrez@cabq.gov

 

On April 27, first term City Councilors Democrat Louie Sanchez and Republican Renee Grout announced legislation proposing a City Charter amendment for a public vote that will make the Mayor of Albuquerque a member of the City Council.  They want to 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”.  It turns out the legislation has never been vetted, researched or recommended for approval by the City Charter Review Task Force responsible for making recommendations for charter amendments.

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. 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. The mayor would have no veto power over enacted legislation and would have less power than a city councilor on pending and enacted legislation.

CHARTER REVIEW TASK FORCE CREATED

The City of Albuquerque has enacted a code of ordinances that deals with the interpretation and enforcement of all city ordinances.  Among the city ordinances enacted are those that create 22 permanent standing committees, advisory councils and task forces.  Among the more notable permanent standing committees, advisory councils and task forces are the following:

• 2-1-3 Financial Planning Board.
• 2-1-4 Goals Commission.
• 2-1-11 Capital Improvements Advisory Committee.
• 2-1-14 Task Force on Governmental Efficiency and Results.
• 2-1-15 Program and Budget Planning Task Force.
• 2-1-16 Redistricting Committee.

On September 28, 1998 the Albuquerque City Council enacted city ordinance § 2-1-7 creating the Charter Review Task Force. It is a seven-member task force appointed by the Mayor with the advice and consent of the Council to review and evaluate all areas of the City Charter, including those sections which have been challenged in court or otherwise as well as unchallenged sections.

According to the ordinance the task force “shall be a blue ribbon group, whose members are well respected in the community. Among the members shall be citizens who are knowledgeable as to municipal government organization in Albuquerque and/or in general. Membership shall include attorneys respected in the area of municipal and constitutional law.”

The charge of the Charter Review Task Force is to examine any and all articles, sections, and provisions of the City Charter for the purpose of recommending any amendments to the Charter deemed appropriate.  The Task Force is required to hold one or more public hearings at which the citizens of the city shall be encouraged to give their views on the Charter. The Task Force is required to present its recommendations to the Mayor and the Council in the form of a final report.

https://codelibrary.amlegal.com/codes/albuquerque/latest/albuquerque_nm_res/0-0-0-17571

The convening of an individual Charter Review Task Force is done by the passage of a city council resolution where members are appointed and selected by all City Councilors and the Mayor and the Chair of the Task Force is selected by the Council. The Task Force is then required to hold public meetings, allow public comment and the public is invited to offer suggestions or comments. The task force after completion of its work is required to confer, deliberate and formulate a final report to the Mayor and city council who the ultimately decide if Charter Amendments are in order.

The last time a Charter Review Task Force Charter Report with recommendations was issued was on May 1, 2009.

https://www.cabq.gov/council/projects/completed-projects/2009/charter-review-task-force

COMMENTARY AND ANALYSIS

Democrat City Councilor Louis Sanchez and Republican Renee Grout have pretty much made fools of themselves by proposing a City Charter amendment for a public vote that will make the Mayor of Albuquerque a member of the City Council and creating a city council appointed city manager without it being vetted by the Charter Review Task Force. What they have done smacks of pure political hackery motivated by frustration on their part and caused by sure ignorance of the process used and relied upon for decades to evaluate the city’s form of government.

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 with a 50 year throwback to the past city commission-city manager form of government  without offering any substantive evidence that the current Mayor-Council form of government is failing or not working.  All they offer is political rhetoric. They both prefer to sponsor legislation amending the Charter without the convening of the Charter Review Task Force which was created in part to prevent this sort of nefarious conduct by city councilors.

What they do offer is pure political rhetoric showing their sure ignorance of how Albuquerque City government works.

City Councilor Louis 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.”

What is downright laughable is when City Councilor Louis Sanchez says “this is something the citizens have needed for a long time and deserve”  when it was the citizens of Albuquerque who actually created the Mayor-Council form of government by adopting a city charter and it has worked for over 50 years.  It laughable when he 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 embarrassing is when he says  there is a need for people to “chime in about public safety and security issues.”  His comment is reflective of being totally ignorant as 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. The public has  repeatedly chimed in with complaints of our crime rates through neighborhood associations, the police oversight commission and the community policing councils and with the city council who have the reputation of just not listening and not doing anything meaningful about crime let alone police reform.

City Councilor Renee 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.”

Albuquerque is not Phoenix, Arizona,  Dallas, Texas  nor Oklahoma City, Oklahoma  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. 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 that’s wrong and that the city council is not part of the problem.  There are times government needs to go slow down, such as with major zoning changes that affect people’s property rights and major expenditures. Grout also ignores the fact the city council is considered by many as 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 little  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.

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.  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.

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 highly questionable.

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

A FAILURE OF LEADERSHIP, NOT OF GOVERNMENT

What Sanchez and Grout are saying with their proposed legislation is that there is a “failure of government” when in fact it is a “failure of leadership.” What the city has been plagued with over the last 14 years is a “failure of leadership” by two term Republican Mayor Richard Berry and now two term Democrat Mayor Tim Keller. The failure of leadership has been augmented by a failure of leadership of City Councils to deal with spiking violent crime rates, failure of police management, failure of police oversight that enabled excessive use of force and deadly force and a “culture of aggression”, and a failure to deal with the city’s ongoing homeless crisis.

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.  They 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, especially when they sponsor legislation that has not been properly researched and vetted and based on political rhetoric.

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.

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-manager, commission, town 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

On April 25, after 8 and a half hours of contentious and emotional hours of testimony, the Edgewood Town Commission voted 4 to 1 to pass an ordinance restricting the operation of abortion clinics. Edgewood is a small rural community of about 6,000 residents separated by the Sandia Mountains East of Albuquerque.

The debate included more than 2 hours of executive session while officials consulted with attorneys and 3 hours of public comment lasting into the early morning hours of April 26.  Well over 200 people packed the Edgewood Town Office commission chambers until there was standing room only and spilling over to an overflow room.

Edgewood’s ordinance is based on the Comstock Act which is federal legislation from the 1870s that prohibits the mailing of “obscene material,” including medication or equipment used in abortions. Edgewood’s ordinance states that a private citizen can sue anyone, with some exceptions, if they believe the person has violated the Comstock Act. The town of Edgewood itself does not have any enforcement powers under the ordinance.  Under the ordinance, a  plaintiff  could be awarded at least $10,000 as well as costs and attorney fees with damages capped at $100,000. The Edgewood ordinance is essentially plagiarized from Texas law and another ordinance enacted by another New Mexico rural community.

Edgewood Town Commissioners Brennan, Jerry Powers, Sterling Donner, the sponsor of  the ordinance, and mayor Audrey Jaramillo voted for the ordinance. Commissioner Phil Anaya voted against it.   Edgewood commissioners acknowledged themselves that the ordinance will be difficult to enforce and that legal challenges will be very costly after the New Mexico Municipal League insurance pool refused coverage to Edgewood. The Edgewood Town commission agreed to accept free legal representation from Texas-based attorney Jonathan Mitchell who is known as the architect of the anti-abortion legislation in Texas and local government restrictions on abortion within several states. But how long that will last is unknown, until of course he leaves town.

Governor  Michelle Lujan Grisham signed two abortion-rights bills that override local ordinances aimed at limiting access and shield providers of abortions from prosecution by out-of-state interests.  It was the first time a local governing body had debated what supporters call a “de facto abortion ban” after state legislators passed House Bill 7, which prohibits municipalities from restricting access to reproductive health care. That bill goes into effect in mid June.

PROS AND CONS

There were roughly 30 Edgewood residents who attended out of the more than 200 in attendance who spoke.  About half of the Edgewood residents were in favor of the ordinance and half were against it. Among those from other communities around the state, the majority spoke in favor.

Supporters of the ordinance urged commissioners to send a message with their vote that keeps out local abortion providers including pharmacy chains. Impassioned speeches equated abortion with murder. Opponents of the ordinance accused commissioners of overstepping their authority and threatening access to medication used not only in abortion but also used to treat miscarriages.

Edgewood Mayor Audrey Jaramillo repeatedly warned the crowd to “stay respectful”.  She noted the commission chambers were too crowded for many people to enter.  She read her concerns into the record and said this:

“Someone has to stand up for the defenseless babies. May we all agree — pro-baby.”

Edgewood Town Commissioner Sterling Donner was very defiant in his support of the ordinance and had this to say:

“What this does is it paints a picture to anybody who is thinking about possibly moving to Edgewood, painting this as not a friendly place for them to be. … That we do not want them here . That’s what this does. This has teeth. … We want to join our allies in the state that are doing the same things. …  It’s time to rise up, it’s time to fight … for the rights of these unborn children.”

Edgewood Commissioner Jerry Powers said lawsuits seem almost inevitable. He said  it’s important that the ordinance is ultimately supported by community members and put it this way:

“ I don’t think it’s the smart move to jump in like this. I just want the people to understand that the consequences of this that have been laid out by the attorneys, of jumping into this battle and not waiting it out for a couple of months for the [NM] Supreme Court, could be serious to Edgewood.  …  When I say serious, I mean serious.  It will tie up a lot of the staff time, it will time up a lot of our attorney time”

Edgewood resident Elvira Maxwell said she has been to commission meetings before but this was the “hottest issue” she has ever seen it. Maxwell said this:

“You can’t be in the middle, you can’t say ‘It’s my body, I should have a choice, it’s my body.’ Well, God didn’t design us like that. … You say ‘This is right this is wrong.”

Edgewood resident Linda Burke said she did not think the crowd of supporters of the ordinance was representative of how residents of the town feel.  Burke said this:

“Why put us through this? Why cause the legal turmoil it’s going to cause? Why cause the distraction away from all of the work that needs to be done. … All of our staff, if they’re distracted from finding funding and making sure things are happening, how does that bode well for our town?” 

Edgewood resident Erika Anderson said the ordinance threatens to pit neighbors against each other in lawsuits and tear the community apart.  She said this:

“It’s really unnerving to see such a divisive ordinance trying to pull apart our community and our neighbors. … I would really, really want you to consider … the risk you are putting our town at by trying to be a leader or make a stand in this type of thing.”

After the vote was taken, loud applause ensued. Commissioner Ken Brennan warned that it was setting up the town for a costly and time-consuming legal fight.

“This is going to be a long battle, it’s going to be a long fight and it’s going to be expensive. … I’m holding everybody who has already said it today and in the last meeting that we had that they’re going to support us with their voices and their checkbooks. This is going to be difficult and it’s going to be hard. I pray to God that we all survive and that we make this a better place for everybody.”

OUT OF TOWN AGITATORS

Santa Fe area Democrat State Representative Andrea Romero attended the meeting in support of those who are in opposition to the ordinance. She was one of the sponsors of House Bill 7  that passed the 2023 Legislature. House Bill  7 prohibits municipalities from restricting access to reproductive health care. Romero said she attended the meeting to promote  “understanding of the laws that we have [on]  the books and the protections that we have in place for choice.”

Romero believes the Edgewood ordinance violates New Mexico law.  Romero said this:

“This has been very clear throughout the meeting that this law was proposed by someone who has been proposing these laws in Texas and now he’s brought them to Edgewood. … They’re coming from out of state and they’re playing out these very litigious wars in our own state.” 

COALITION OF CONSERVATIVES IN ACTION

Many out-of-town agitators went to the meeting to show their support for passage of the Edgewood ordinance, including members of the Coalition of Conservatives in Action (CCA). The Coalition of Conservatives in Action is Las Cruces based citizen’s activist organization.

Quoting the Coalition of Conservatives in Action  web page, its MISSION STATEMENT is as follows:

“CCIA’s mission is to challenge, engage and hold accountable elected and appointed officials, – City Council, School Board, County Commission, State Senators and Representatives, by educated and informed citizens through civil discourse in order that effective change is realized. We believe that all change begins at the local level.  Through the Will of God and by critical thinking and merit, not by race, ethnicity, or victimhood, CCIA shall advocate for and empower citizens at every level of the political process for the advancement and quality of life of our local communities and state.”

Quoting the Coalition of Conservatives in Action  web page, its VISION STATEMENT is as follows:

“Over time, we have allowed ourselves to be enslaved by a corrupt government.  Our civic duty is to challenge government overreach, hypocrisy, and injustices through civil discourse. CCIA envisions a community where all citizens embrace the duty to ensure that candidates reflecting core American values of freedom, equality and justice are elected to office and hold them accountable and responsible for those values.”

Quoting the Coalition of Conservatives in Action web page, its VALUES STATEMNT provides as follows:

“CCIA is an American 1^st, grassroots, IN-ACTION advocacy organization. We are a coalition of independent citizens who are non-partisan, non-denominational, color- and identity blind.  All are welcome to join our ranks toward a common goal to IMPROVE or CHANGE OUR COMMUNITY.  As “We the People”, we stand firm in upholding our God-given freedoms and rights through engaging in all aspects of the political process regardless of party affiliation. At CCIA’s core and foundation is Faith, Family and Freedom. We hold steadfast the core bedrock American beliefs  … .”

The coalition is decidedly and  supports anti abortion initiatives. According to its web page the CCIA has 4 Focus Action Committees.  These committees, or action teams, are the “spear heads” of CCIA.  The 4 committees are listed as follows:

1. Election Integrity
2. Faith Outreach
3. Education
4. Crime and Public Policy
   1. Pro-Life Initiative

The link to the Coalition of Conservatives in Action web page is here:

CCIA – Who We Are

Tanya Watkins and her husband John from Rio Rancho who are  members of the Coalition of Conservatives in Action expressed disappointment that their own Rio Rancho city government wasn’t taking up a similar ordinance and had this to say:

“We decided to come and support them. We love what they’re doing, I would like to see this ignite little fires all over the state of New Mexico. … I think that for the most part New Mexico does have conservative values and I think that our government is not representing our values.”

OTHER OUTSIDERS ATTENDING

Mark Lee Dickson, the Director or the Right to Life of East Texas, also attended the meeting and spoke during public comments before leaving to depart to Lubbock, Texas. Dickson is an the anti-abortion activist  who travels  the country helping jurisdictions with similar ordinances.  Dickson disclosed to the Albuquerque Journal he was simultaneously monitoring a city council meeting debating the issue in Illinois.  Many others from Rio Rancho, Clovis, Tijeras, Cedar Crest, Moriarty and elsewhere attended with even more participating via Zoom.

NEW MEXICO ABORTION LAWS

New Mexico abortion laws are among the most liberal in the country. In 2021, the Democratic-led New Mexico Legislature repealed the dormant 1969 statute that outlawed most abortion procedures as felonies, ensuring access to abortion after the U.S. Supreme Court last year rolled back guarantees.

Similar ordinances have been adopted by two counties and three municipalities across eastern New Mexico. But most of those ordinances have been blocked by the New Mexico Supreme Court while it considers a challenge by Democratic Attorney General Raúl Torrez who  says the ordinances violate constitutional rights to equal protection and due process and threaten the state’s status as a safe haven for women seeking abortions.

The U.S. Supreme Court last week preserved women’s access to a drug used in the most common method of abortion, rejecting lower-court restrictions while a lawsuit proceeds.

Links to quoted news source material are here:

https://wapo.st/40HxMMX

https://www.abqjournal.com/2593785/edgewood-passes-ordinance-restricting-access-to-abortion.html

https://www.koat.com/article/edgewood-new-mexico-ordinance-restricts-abortion-access/43709319

https://www.krqe.com/news/politics-government/edgewood-commissioners-ok-abortion-ordinance-in-late-night-vote/

GOVERNOR AND ATTORNEY GENERAL REACT

Governor  Michelle Lujan Grisham’s office had this to say in a statement about the enactment of the Edgewood ordinance:

“Abortion remains legal and accessible to every New Mexican. The governor recently signed into law HB 7, which prohibits local governments from enacting abortion bans. It is clear the Town of Edgewood’s ordinance will be unenforceable in light of the passage of HB 7. We will take whatever action is needed to ensure that the laws of New Mexico are upheld in every community, including those seeking to strip women of their reproductive rights.”

Attorney General Raúl Torrez’s had this to say in a statement about the enactment of the Edgewood ordinance:

“The ordinance passed … in Edgewood is yet another example of Texas based lawyers misleading local communities and enlisting them in their effort to bring about a national abortion ban. The New Mexico Constitution and state statutes prohibit local communities from regulating access to healthcare or infringing on a woman’s fundamental right to make the most personal decision regarding her body and her future. Attorney General Torrez is closely monitoring these unlawful actions and looks forward to resolving these important issues in the action currently pending in the New Mexico Supreme Court.”

The link to the quoted news source is here:

https://www.abqjournal.com/2594035/edgewoods-anti-abortion-ordinance-heres-what-people-said.html

ROE V. WADE REVERSED

New Mexico abortion laws are among the most liberal in the country.  It was on February 26, 2021, that Governor Michelle Lujan Grisham signed a bill repealing the long dormant 1969 criminal abortion ban. The 1969 law criminalized abortion to end a woman’s pregnancy except in certain circumstances, such as rape and incest. The repeal of the 1969 law was done in anticipation of the United Supreme Court reversing the land mark decision of Roe v. Wade that guaranteed a woman’s right to choose.

On June 22, 2021 the United States Supreme Court released its decision in the case of Dobbs v. Jackson Women’s Health Organization wherein the Supreme Court  overruled and reversed the cases of Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey and 50 years of constitutional law precedence ruling  that a woman does  have  the  constitutionally protected right to an abortion.  The US Supreme Court ruled the authority to regulate abortion was returned to the individual states and their elected representatives.

As a direct result of the Supreme Court’s Dobb’s decision, abortion and woman’s reproductive rights became a defining issue in New Mexico’s 2022 Gubernatorial race between incumbent Democrat Governor Michelle Lujan Grisham and Republican Mark Ronchetti. Ronchetti made abortion and imposing limits on a woman’s right to choose a center piece of his campaign and suggested a “reasonable policy” that proposed banning abortion after 15 weeks of gestation.  Lujan Grisham for her part aggressively pushed back and said abortion was a woman’s decision and must remain legal in the state.

NEW MEXICO COUNTIES AND TOWNS TRY TO INTEFERE WITH WOMEN’S REPDUCTIVE RIGHTS

New Mexico is increasingly seen as a destination for abortion patients traveling from other states, especially Texas that have banned abortion, or those imposing major restrictions.

In response to the Dobbs decision, the cities of Clovis and Hobbs and Lea and Roosevelt counties passed anti-abortion ordinances that impact abortion clinics’ ability to apply for licenses in those political subdivisions and also place restrictions on medication abortion.

On November 4, 2022 it was reported that the City Commission of Clovis, New Mexico put off a vote on an ordinance designed to ban abortions within the New Mexico town fearing challenges to the move in a state where the procedure remains legal. Clovis was set to become the first town to pass a so-called “sanctuary city for the unborn”.

https://www.reuters.com/world/us/new-mexico-town-delays-banning-abortion-2022-11-04/

On November 8, it was reported that the Hobbs City Commission unanimously passed an ordinance designed to ban abortions, despite the procedure being legal in the state. The so-called “sanctuary city for the unborn” ordinance blocks abortion clinics from operating.  At least one nearby county has approved an anti-abortion resolution.  The ordinance will surely be challenged in court and set aside.

https://www.reuters.com/world/us/new-mexico-city-passes-ordinance-block-abortion-clinics-operating-2022-11-08/

HOUSE BILL 7

On March 16, Governor Michelle Lujan Grisham signed House Bill 7, the Reproductive and Gender-Affirming Health Care Act.  House Bill 7 prohibits discrimination in reproductive healthcare and gender-affirming healthcare services.  It prohibits municipalities and counties from passing ordinances that directly or indirectly discriminate against either reproductive and gender-affirming care.

House Bill 7 empowers the attorney general or district attorneys to sue an entity responsible for a violation. The court could apply remedies, including monetary damages. The court can also apply a $5,000 civil penalty or actual damages against the entity responsible for the discrimination.  House Bill 7  was  sponsored by State  Representatives Andrea Romero,  Linda Serrato, Charlotte Little, Kristina Ortez, Janelle Anyanonu and  House Majority Whip Reena Szczepanski.

The Governor said this about the legislation:

“New Mexicans in every corner of our state deserve protections for their bodily autonomy and right to health care. …  I’m grateful for the hard work of the Legislature and community partners in getting this critical legislation across the finish line.”  

https://www.kob.com/new-mexico/new-mexico-governor-signs-reproductive-and-gender-affirming-health-care-act/

NM ATTORNEY GENERAL FILES CHALLENGE TO MUNICIPAL AND COUNTY ORDINANCES

On January 22, 2023 New Mexico Attorney General Raúl Torrez filed an emergency petition with the New Mexico Supreme Court asking the New Mexico Supreme Court for a declaratory judgement ruling to prohibit Lea and Roosevelt Counties and the cities of Hobbs and Clovis from enacting their own ordinances on woman’s reproductive care. The grounds alleged were that they violate the civil rights guaranteed by the state Constitution and infringe on the state’s authority to regulate health care. Torrez is asking the New Mexico Supreme Court strike down the ordinances, arguing they violate civil rights guaranteed by the state Constitution.

The legal challenge was filed as a direct result of the cities of Hobbs and Clovis, and the counties of Lea and Roosevelt passing local ordinances targeting abortion. According to the lawsuit filed the city and county ordinances infringe on the state’s authority to regulate health care.  Democrat Attorney General Torrez contends in the lawsuit that the city and county ordinances misinterpret the 19th-century federal law known as the Comstock Act on the mail and conflict with state law regulating the practice of medicine.  He also argues the ordinances violate the state Constitution’s guarantees to equal rights, liberty and privacy which he said are more robust than what’s outlined in the U.S. Constitution

Late last month, the New Mexico Supreme Court issued a ruling temporarily blocking the ordinances while it considers the case. It specifically asked the parties to address the impacts of House Bill 7. The city of Eunice passed its own ordinance on the same day the Attorney General filed his case against the other local governments and consequently Eunice was not named in the case filed by the Attorney General. But last week, Eunice it filed suit against Torrez and Governor Michelle Lujan Grisham, claiming that the federal Comstock Act trumps the state’s law. That lawsuit will be heard in state district court in Lea County.

In response to questions about Edgewood’s ordinance, the Attorney General’s Office said that once the state Supreme Court resolves the “outstanding legal questions” it is prepared to take formal legal action to prevent jurisdictions from adopting ordinances restricting access

2022 GENERAL ELECTION POLL ON ABORTION

On August 29, 2022, the Albuquerque Journal published the results of poll taken on the issue of abortion rights for the November 2022 general elections.  The link to read the full unedited Journal column is here:

https://www.abqjournal.com/2528326/nm-voters-divided-on-abortion-restrictions.html

The poll found thar New Mexico voters are 3 times more likely to say abortion should always be legal than they were to say it should always be illegal.  According to the poll, 35% of statewide voters surveyed said abortion should always be legal, 22% said the procedure should be legal, for a combined total of 57%.

The poll found that 25% felt there should be some limitations and said it should be illegal except in cases of rape, incest or when a mother’s life is in danger.  Just 12% of voters surveyed said abortion should always be illegal, while 4% would not say and 2% said they did not know.

According to the Journal poll results, Democrats are firmly behind a woman’s right to choose with 55% of Democrats saying abortion should always be legal and 24% of Democrats said it should be legal with some limitations for a whopping 79% combined percentage.

Republicans’ opinion are dramatically opposite with 8% saying abortion should always be legal, while 24% said it should be banned and 41% said it should be illegal with exceptions for cases of rape, incest and to save a mother’s life, with a 65% combined total to make it illegal or illegal with the exceptions of rape, incest or threat to the life of the woman.

The difference by party affiliation shrinks to a 6% difference when it comes to how voters they felt if abortions should be legal with some limitations.  Interestingly, more Democrats, 24%, felt that there should be some limitations while fewer Republicans, 18%, felt there should be some limitations.

The Journal Poll did not find a big difference in attitudes on abortion between New Mexico voters based on their gender, ethnicity and age.  There was little difference in voters’ views on abortion based on their education level with one exception, voters with graduate degrees were far more likely than other groups of voters to say abortion should always be legal.

The link to read the full unedited Journal column on the poll is here:

https://www.abqjournal.com/2528326/nm-voters-divided-on-abortion-restrictions.html

COMMENTARY AND ANALYISIS

There is no getting around it. It is pretty damn sickening when small rural community elected officials such as those in Edgewood and Eunice, rural  counties such as Lea and Roosevelt Counties and small towns such as Hobbs and Clovis allow themselves to be preyed upon and made fools of by out of state agitators and anti-abortion extremists who are only interested in the headlines and be damned the consequences to the community. What was particularly egregious is that the Edgewood commission gave more than equal time to outsiders over their own constituents.

It’s unconscionable when elected officials take it upon themselves to impose their own personal morals and extremist politcal agenda believing only their point of view counts, even when it violates state law, with no respect for a woman’s healthcare reproductive rights. If those elected officials were really concerned about what their constituents wanted, they could have just as easily put their ordinances on the ballot. But no, they decided to act irresponsibly and nefariously and be damn the final cost in litigation to the community.

The actions of these 4 communities is a clear proof that Republicans will do anything they can to oppose any efforts by Democrats to protect a woman’s right to choose and to expand woman’s health care rights in the state. New Mexico Republicans have every intent to do what they can to deprive a woman of their right to choose and to deprive a woman from making her own decision on reproductive rights.

New Mexico Attorney General Raúl Torrez needs to seek an expedited hearing on his case pending in the NM Supreme Court. In addition, Torrez should seek removal actions against the elected officials who enacted ordinances that violate New Mexico law and make an effort to hold them personally and financially responsible for their actions.

Simply put, in New Mexico, no person, no candidate, no elected official, no voter and no local government has any right telling a woman what she must do when it comes to abortion and what she must do when it comes to her own body.

On April 20, the Bernalillo County Criminal Justice Coordinating (BCJCC) met and made changes to the Public Safety Assessment Tool, better known as the Arnold Tool, that the 2nd Judicial District Court uses to determine what level of supervision a defendant should be on if they are released pending trial.  The changes were made to clear up misunderstandings about how the Arnold Tool is used in pretrial detention cases.

The BCJCC is a 12-member council created by the New Mexico Supreme Court. The BCJCC members are designated 2nd Judicial District Court and Metropolitan Court Judges, the District Attorney, the County Sheriff, a County Commissioner, a City Councilor, the APD Chief, the County Manager, the City CAO, the Public Defender, and representatives from the NM Criminal Defense Association and the Probation and Parole Department.

When a criminal defendant is arrested and in jail, a prosecutor must file a Motion to Detain the defendant in custody until trial with no bail. After a prosecutor files a Motion to Detain, the tool assigns a recommended level of monitoring for the court to consider under pretrial services should the court decide to release a defendant pending trial, including house arrest and ankle bracelet monitoring.  An evidentiary hearing is held where the prosecutor has the burden of proof to show that the defendant poses an immediate threat and risk to the public and that there are no reasonable conditions of release to protect the public.  The postscript to this article outlines the 9  factors in the Public Safety Assessment Tool of an accused defendant.

Last year the court’s reliance the Public Safety Assessment Tool came under severe scrutiny and criticism by prosecutors, law enforcement and elected officials, including the Governor and New Mexico legislators, saying violent criminals were being release pending trial and committing crimes when they should have been in jail.  Pretrial detention legislation was introduced in the 2023 legislative session, but failed, that would have mandated that a defendant simply charged with a violent crime be presumed violent and jailed until trial. The presumption of being violent mandating detention until trial is contrary to the constitutional right of due process of law and the presumption of being innocent until proven guilty.

The Arnold Tool was attacked by critics when it recommended releasing a defendant charged with a violent crime with critics arguing that its recommendation of release was mandatory and not discretionary by the courts.   The courts have now removed from the Public Safety Assessment Tool the categories of “Detention” and “Released on Own Recognizance” (ROR) which are on the opposite end of the Arnold Tool Maxtrix.

2^nd Judicial Chief Judge Marie Ward said inclusion of the two categories at the far ends of the Public Safety Assessment tool is not viewed as “best practices” but were  added as a compromise at the request of one of the stakeholders on the  BCJCC.   Judge Ward said, just like before the changes were made, a judge must  consider evidence presented by the prosecutors and the defense attorneys to determine whether someone poses and immediate danger to the public  and whether there are any conditions of release that could ensure the safety of the community. If a judge determines the person can be released, then the Public Safety Assessment gives them guidance on what level of supervision the defendant should be on.

Judge Ward described the changes as follows:

“What the Arnold Tool really tells us is, not this defendant, but a defendant in similarly situated circumstances … how likely were they to re-offend. … More evidence and argument can come in regarding this individual and other risk factors. … These modifications are only intended to clarify the misconceptions that have been out there that the assessment somehow dictates whether someone is released or not. … That’s not the case. It’s always the judge making a decision, and its always been that way.”

Although Judge Ward stressed that the changes are not a “game changer,” District Attorney Sam Bregman had this to say:

“Basically, this is a big deal. … I’m so thrilled that the judiciary has looked at this issue and understood the many concerns we expressed about how the tool was influencing the decisions that judges should be making.”

Dennica Torres, with the Law Offices of the Public Defender had this to say about the changes:

“We are always grateful when the court can better clarify procedures.”

The link to the equated news source material is here:

https://www.abqjournal.com/2592449/second-judicial-district-court-revises-revisions-to-arnold-tool-used-in-pretrial-detention-cases.html

ARNOLD RULE EXPLAINED

The “Arnold Rule  is a matrix tool used by the courts  identifying those factors that are considered in holding an accused pending trial. It is a Public Safety Assessment (PSA) tool. Several studies have shown the Arnold Tool has an impressive success rate and the state’s pretrial detention system is, in general, effective in most cases. It’s the exception and not the rule that has proven problematic for the courts when it comes to public perception.

ROLE OF THE JUDICIARY

Judges are required to make the critical decision after a person is charged with a crime about whether to release the person pending trial. That decision is made at the time of arraignment when an accused is bought before the court, the accused is informed of the charges and constitutional rights and enters a plea of not guilty or guilty. The arraignment usually includes arguments of conditions of release and bail.

“Under the American system of justice, there’s a presumption that defendants are innocent until proven guilty. It is Article II, section 13 of the New Mexico Constitution that guarantees that those accused of a crime are entitled to be released from custody while awaiting trial, except in limited circumstances. There is a failure of the pretrial system if low-risk nonviolent defendants who are entitled to be released are nevertheless detained in jail simply because they cannot afford bail.

Judges place a priority on two considerations when making pretrial release or detention decisions:

1. Whether the defendant will commit a crime, particularly a violent crime, if released, and whether the person will return to court.
2. If a defendant is to be released, judges decide whether to impose certain restrictions on the individuals, such as requiring an electronic monitor to track their location.

It runs counter to our constitution to require non-violent, low-risk offenders to spend long periods of time in jail pending trial. It is also potentially damaging to a defendant. Pretrial detention can cause defendants to lose their jobs or housing, preventing them from caring for their family or paying their bills.”

https://www.nmcourts.gov/court-administration/pretrial-release-and-detention-reform/public-safety-assessment-for-pretrial-release-and-detention/

PUBLIC SAFETY ASSESSMENT TOOL

Public safety is a serious concern for judges, who must balance fairness with protecting our communities when making pretrial detention or release decisions.  To mitigate the risk to all New Mexico communities and defendants, members of the state’s criminal justice system and the courts implemented the Public Safety Assessment (PSA) tool.

“When money bail is a condition of release, many low-risk defendants are kept in jail because they cannot afford the bail bond. At the same time, high-risk defendants, such as repeat violent offenders who pose an elevated public safety risk, are often released if they can afford bail. 

…

Under the New Mexico Constitution, people charged with a crime have a right to bail, except in limited circumstances. The law provides for the pretrial release of a defendant under the least restrictive conditions necessary to protect community safety and assure the defendant will return to court.

The Arnold Rule Public Safety Assessment tool (PSA) provides a reliable, evidence-based information system to assist judges as they consider whether a defendant should be released to protect the public while awaiting trial. The PSA tool, using information related to a defendant’s age, criminal history, and current charge evaluates the likelihood that a defendant will commit a new crime, commit a new violent crime, or fail to appear for their court hearing if released before trial. With information from the PSA, judges can make informed decisions that are evidenced based and not speculation nor conjecture.

The criminal justice system in order to be effective must focus on protecting the public while safeguarding citizens’ rights. Objective, research-based information about the public safety risks posed by a defendant can ensure fairness in pretrial release decisions while making our justice system more effective and efficient. Local governments can save taxpayer money if judges can better identify defendants who do not need to be jailed before trial because they pose a low threat to public safety.”

Judges in the Second Judicial District Court, the Bernalillo County Metropolitan Court and in the district and magistrate courts in San Juan County in the Eleventh Judicial District can use the PSA’s objective data as part of the information they consider in pretrial release decisions made soon after a defendant is arrested and charged with a crime. Court staff prepares an assessment for each criminal defendant, which is provided to judges as well as the prosecutor and defense counsel before that defendant’s initial appearance in court known as “arraignment”.

RECOMMENDATIONS DO NOT SUPERCEDE JUDICIAL AUTHORITY OR DISCRETION

“The Arnold Rule PSA measures the likelihood that an individual will commit a new crime, particularly a violent crime, upon release, as well as the likelihood that he or she will appear at a future court hearing. The risk assessment considers nine factors related to a defendant’s age, criminal history and current charge that research has shown accurately predict risk. The tool then generates risk scores for each defendant. This information, along with other pertinent facts from a defendant’s case, is provided to judges to assist in their pretrial decision making. The PSA does not use information that is considered potentially discriminatory, such as a person’s ethnic background, income, level of education, employment status, neighborhood, or any demographic or personal information other than age.

While the Arnold Rule PSA can be a helpful informational tool, it is important to remember that judges always have the final say in every decision. The decision about whether to release or detain a defendant and under what conditions always rests with the judge. Judges have the final say on whether or not to release a charged defendant pending trial. It is not at all mandatory or required that a Judge follow the recommendation made in the PSA report and judges are 100% free to exercise their own discretion. The PSA does not replace a judge’s discretion and does not supersede other information, including any special circumstances pertinent to a case and charges against the defendant.”

THE NINE FACTORS IN PUBLIC SAFETY ASSESSMENT OF AN ACCUSED

“The PSA is designed to promote public safety and to ensure that the criminal justice system operates in a fair and efficient manner. It uses 9 factors that research has shown are the strongest predictors of whether a defendant will commit a new crime, commit a violent crime, or fail to return to court if released before trial. The factors are:

1. Whether the current offense is violent.
2. Whether the person had a pending charge at the time of the current offense.
3. Whether the person has a prior misdemeanor conviction.
4. Whether the person has a prior felony conviction.
5. Whether the person has prior convictions for violent crimes.
6. The person’s age at the time of arrest.
7. How many times the person failed to appear at a pretrial hearing in the last two years.
8. Whether the person failed to appear at a pretrial hearing more than two years ago.
9. Whether the person has previously been sentenced to incarceration.”

RISK SCORES PRODUCED

“Using the information gleaned for the 9 factors and applying them to a charged defendant, the“Arnold Rule” PSA produces two risk scores:

First, it predicts the likelihood that an individual will commit a new crime if released pending trial.

Second, it predicts the likelihood that a charged defendant will fail to return for a future court hearing.

The PSA tool also “red flags” defendants that it calculates present an elevated risk of committing a violent crime.

The PSA risk scores fall on a scale of one to six, with higher scores indicating a greater level of risk. This neutral, reliable data can help judges gauge the risk that a defendant poses.”

Links to quoted and relied upon source material are here:

https://www.nmcourts.gov/court-administration/pretrial-release-and-detention-reform/public-safety-assessment-for-pretrial-release-and-detention/

https://www.nmcourts.gov/wp-content/uploads/2020/12/Frequently-Asked-Questions-About-the-Public-Safety-Assessment-Updated-2-17-2020.pdf

ANALYSIS AND COMMENTARY

There is little doubt that, although minor in scope, the two changes to the Public Assessment Tool should go a long way in affirming that the tool is not mandatory but discretionary. It is also no substitute for a Judge to do their jobs and to use their common sense.

NOT A BROKEN CRIMINAL JUSTICE SYSTEM

The changes to Public Safety Assessment Tool should help allay the false argument and fears that have  been made that our criminal justice is broken.  The accusation that the system is broken has been made too many times by elected officials, especially those  running for office,  and many in law enforcement, including Mayor Tim Keller, APD Chief of Police Harold Medina, and District Attorneys and stake holders.

It was On September 23, 2021, Mayor Keller concluded a conference he dubbed the “Metro Crime Initiative”. Participants included APD, the DA’s Office, the Courts and many other stakeholders to address what all participants labelled the “broken criminal justice” system and calling it a “revolving door”.

The entire “Metro Crime Initiative” started with the phony premise that our criminal justice system is broken.  It’s not, but the accusation none the less seriously undermined the credibility of our criminal judicial system. The blunt truth is that our criminal justice system is only as good as the stakeholders who are responsible to make it work,  succeed and to do their jobs.

The 3 main components of the criminal justice system are law enforcement, prosecution and the courts. Examination of all 3 reflects a pathetic failure to do their jobs.

LAW ENFORCEMENT

 APD statistics for the budget years for the last 4 years contained in its annual budgets reflect that APD is not doing its job of investigating and arresting people and getting cases to the District Attorney for prosecution.

According to APD performance measures contained in its  annual budgets, APD felony arrests went down from 2019 to 2020 by 39.51%, going down from 10,945 to 6,621.  Misdemeanor arrests went down by 15% going down from 19,440 to 16,520. DWI arrests went down from 1,788 in 2019 to 1,230 in 2020, down 26%. The total number of all arrests went down from 32,173 in 2019 to 24,371 in 2020 or by 25%.

See page 231, APD Performance Measures, the approved 2022-2023 annual budget:

https://www.cabq.gov/dfa/documents/fy22-approved-budget-numbered-w-hyperlinks-final.pdf.

APD’s proposed 2023-2024  budget also reflects a serious continued  decline in performance measures of APD. The raw data is as follows:

The number of felony arrest APD made in 2021 was 6,621.

The number of felony arrests made by APD in 2022 went down to 6,122.

 

The number of misdemeanor arrests APD made in 2021 was 16,520.

The number of misdemeanor arrests APD made in 2022 went down to 9,799.

 

The number of DWI arrests APD made in 2021 was 1,230.

The number of DWI arrests APD made in 2022 went slightly up to 1,287.

 

APD’s clearance rate of crimes against persons (e.g., murder, rape assault) in 2021 was 56%.

APD’s clearance rate of crimes against persons (e.g., murder, rape assault) in 2022 went down to 44%.

 

APD’s Clearance rate of crimes against property (e.g., robbery, bribery, burglary) in 2021 was  12%.

APD’s Clearance rate of crimes against property (e.g., robbery, bribery, burglary) in 2022 went down to  9%.

 

APD’s Clearance rate of crimes against society (e.g., gambling, prostitution, drug violations)  in 2021was 77%.

APD’s Clearance rate of crimes against society (e.g., gambling, prostitution, drug violations)  in 2022went down to 57%

See page 154 for APD’s performance measures 2023-2024 proposed city of Albuquerque Budget:

https//www.cabq.gov/dfa/documents/fy24-proposed-web-version.pdf

The city is also continuing to experience a historical number of homicides. During each year of Mayor Tim Keller’s years in office, the city’s murder rates rose, dropped one year, and then rose to a historical high. Following is the breakdown of homicide by year:

2017: 72 homicides
2018: 69 homicides.
2019: 82 homicides
2020: 76 homicides
2021: 117 homicides
2022:  120 homicides 

https://www.abqjournal.com/1534762/homicide-numbers-high-despite-pandemic.html?amp=1

https://www.abqjournal.com/2458296/remembering-some-of-2021s-homicide-victims-in-abq-ex-total-

THE PROSECUTION

When former Bernalillo County District Attorney Raul Torrez ran for District Attorney the first time 2016, he coined his campaign slogan and said our criminal justice system was broken and he was the guy to fix it.  Torrez continued his assault on the courts when he successfully ran for Attorney General last year.

Least anyone forget, during his first term as DA, Torrez accused the District Courts of being responsible for the rise in crime and releasing violent offenders pending trial. Torrez accused defense attorneys of “gaming the system” to get cases dismissed against their clients.  A report to the Supreme Court prepared by the District Court at the time revealed it was the DA’s office dismissing more felony cases for various reasons than the courts.

Data given to the Supreme Court revealed overcharging and a failure to screen cases by the DA’s Office contributed to a combined 65% mistrial, acquittal and dismissal rate. Under Raul Torrez, the DA’s office hit the highest voluntary dismissal rate in its history, and plea agreements with low penalties became the norm. Ostensibly, newly appointed District Attorney Sam Bregman is doing his best to turn things around by attempting to hire as many as 40 prosecutors, even going as far as advertising to recruit attorneys and increasing pay.  Bregman is attempting to  fill long standing vacancies within the office that Torrez allowed to fester during his entire tenure as District Attorney.

It was very disappointing when in January during the 2023 New Mexico Legislature newly appointed Bernalillo County District Attorney Sam Bregman came out in favor of the “reputable presumption” legislation bill pushed by his predecessor and the Governor who appointed him.  Bregman told Senate Judiciary committee members:

“[New Mexico’s] pretrial system is broken … plain and simple. … I’m not blaming anybody. I’m asking for help.”

This coming from the former high-profile defense attorney Sam Bregman who for decades made a lucrative living defending defendants who were released pending trial, including one former APD police SWAT officer who was charged with killing homeless camper James Boyd.  As a criminal defense attorney, Bregman never said New Mexico’s pretrial system is broken.  He was known for taking advantage of it whenever he could as a defense attorney to help his clients stay out of jail pending their trial.

Notwithstanding, Bregman not blaming the courts for the city’s high crime rates and instead asking the legislature for help was a major relief.  It showed District Attorney Sam Bregman has a much better understanding, some would say more maturity, of the role of a prosecutor with far more respect for the courts than his predecessor. Bregman knows and understands the limitations the Code of Professional Conduct and the Code of Judicial Conduct places upon prosecutors, defense attorneys and judges, something his predecessor never grasped.

THE COURTS

A negative perception of the courts is created when judges release violent felons and not holding them for trial without bond and simply not using their common sense. It’s common knowledge that Judges are concerned about their disqualification rates, appeals and reversals and how they are perceived by the Judicial Performance Evaluation Commission. Judges are reluctant to make decisions and hold off on making the hard decisions to avoid controversy to protect their jobs and appellate rates.

FINAL COMMENT

The criminal justice system in this country and this state has never been perfect, nor will it ever be, but it is not broken. The criminal justice system does have its flaws and a number of inequities, but to say that it is a broken system is just plain ignorance or political opportunism at its worst.  Now that we have a new Bernalillo County District Attorney and changes to the Public Safety Assessment Tool,  perhaps attitudes and public perception of the courts will change,  but that will be dependent on the stake holders doing their jobs without blaming each other.

 

On March 24, District 2 Democrat Albuquerque City Councilor Isaac Benton announced that he will not seek a 5^th term this year to the Albuquerque City Council. City Council District 2  is the Downtown, Old Town and part of the North Valley area of the city.  Benton  is the third sitting councilor who will not be seeking another term at the end of the year.

On November 14, it was reported that Democrat  Pat Davis (Nob Hill/International District) and Republican Trudy Jones (Northeast Heights) will not be seeking another term. Incumbent Republican City Councilor Brook Basaan has yet to announce that she is seeking a second term but is expected to run. Bassan  is expected to have opposition.

The 4 even numbered city council districts will be on the November 7,  2023 municipal  election ballot  and the remaining 5 odd number city council seats  are not up until 2025.

Links to quoted news sources material are here:

https://www.abqjournal.com/2585013/albuquerque-city-councilor-says-this-year-is-his-last.html

https://www.abqjournal.com/2549631/two-city-councilors-say-they-wont-seek-reelection.html

REVIEWING THEIR RECORDS

Now that City Councilors Isaac Benton, Pat Davis and Trudy Jones have made it official that they are not seeking another term on the city council, review of their records is in order.

ISSAC BENTON CITY COUNCIL RECORD

Councilor Benton, age 71, was first elected in 2005 to represent the former District 3 City Council District that existed before redistricting occurred 10 years ago. Benton has resided in the Downtown area for 48 years.  Benton is presently the councilor for what is now District 2 which  includes Downtown, Old Town and part of the North Valley and now  encompasses some neighborhoods just west of the Rio Grande between Central and Interstate 40 as a result of the 2022 redistricting.

Benton is a progressive Democrat and a retired architect.  In his 18 years on the city council, he has focused on issues like sustainability and affordable housing.  He was a major proponent  of the controversial ART Bus project down Central which was  Republican Mayor Richard Berry’s $120 million legacy project.  He successfully proposed tripling the city’s commitment to energy conservation and renewable energy projects by designating 3% of the city’s biennial infrastructure bond programs for such uses.  He also co-sponsored legislation that created the city’s Workforce Housing Trust Fund, which has helped fund about 1,000 affordable housing units since 2007.  Benton also sponsored various redevelopment projects in his district, including the city’s purchase of the historic Rail Yards and reimagining of the El Vado Motel on Central Avenue the city bought.

Throughout his 18 years on the City Council, Benton has been interested in zoning issues and has tried to combat what he calls “suburban sprawl.”  Keeping in line with that interest, Councilor Benton is currently co-sponsoring, along with Republican Trudy Jones,  major zoning changes to the Integrated Development Ordinace (IDO).   Mayor Tim Keller  is pushing the zoning changes  as part of his  Housing Forward Plan a to boost Albuquerque’s housing stock by “infill” development in all residential zoned areas of the city. The legislation would make it easier to turn commercial properties into residential units, would allow more density in single-family home neighborhoods via duplexes and secondary 750 foot dwelling units known as “casitas.” Benton said he wants  to see the zoning changes allowing duplexes and casitas through before he leaves office.

REPUBLCAN TRUDY JONES

Republican Trudy Jones, now 73, was first elected to the City Council in October 2007 to represent District 8, Albuquerque’s Far Northeast Heights and Foothills.  She has been elected 4 times to the council and will complete 16 years of service in 2023. She is a retired real estate agent and said she was drawn in 2007 to the public service element of the council. She said her focus since becoming a city councilor has been improving public facilities in her district and said she is especially proud of the investments in parks and roads.

As a city councilor and as a realtor, it was not at all surprising that  her primary  interest was in land-use planning and zoning matters.  She was the co-sponsor of  the city’s Integrated Development Ordinance, which in 2017 replaced the city’s old zoning code,  and chairing the city’s Land Use, Planning & Zoning committee for the past three years. She was a staunch supporter of the disastrous ART Bus project down the center of Central.   This past year she voted to support “Safe Outdoor Spaces” which are government sanctioned tent encampments for the homeless and “motel conversions” which will allow the city to purchase motels to be converted to long-term low-income housing. Jones said she wants to shepherd various infrastructure projects to the finish line before leaving office.

 DEMOCRAT PAT DAVIS

Democrat Pat Davis, now 45, was first elected to the City Council in 2015 to represent represents District 6 succeeding City Councilor Rey Garduno. District 6 encompasses the International District, Mesa Del Sol, Nob Hill, Southeast Heights, and the University of New Mexico.  In  2019  Davis was elected to serve a second  term.

Davis is a former Washington D.C. police officer.  He came to New Mexico soon after being involved with a police officer shooting where he shot an African American man twice in the shoulder who was fleeing from Davis at a “traffic stop”.  Davis was sued in Washington, DC over the shooting and he relocated to Albuquerque and  became a UNM Campus Police officer.

When Davis relocated  to New Mexico he  became a “progressive Democrat” saying his Republican conservative philosophy had changed, especially with respect to law enforcement, and saying he had done a few things as a police officer he was not “proud of”.  In 2016, the then first term city councilor Pat Davis ran for the United States Congress to replace then Congresswoman Michelle Lujan Grisham who decided to run for Governor. Davis withdrew from the congressional race when he polled at 3%.

Davis is considered the leading progressives on the city council and worked on the city’s early solar energy initiatives and co-sponsored legislation that strengthened the city’s immigrant-friendly status, and another bill that decriminalized possession of small amounts of marijuana years before the state legalized recreational cannabis. Once elected to the city council, Davis became a staunch supporter of the disastrous ART Bus Project, Republican Mayor Berry’s $120 million legacy project, refused to place it on the ballot and voted repeatedly to fund the project that ultimately destroyed the character of Route 66.

BENTON, DAVIS AND JONES FAILED AT APD POLICE OVERSIGHT

The Albuquerque City Council plays a crucial oversight role of the Albuquerque Police Department (APD) including controlling its budget. Democrat City Councilors  Isaac Benton and Pat Davis and Republican Trudy Jones  did nothing when it comes to Albuquerque Police Department (APD) reforms mandated by the Court Approved Settlement Agreement (CASA) after the Department of Justice found a “culture of aggression” and “excessive use of deadly force by APD.” All 3 never challenged the Mayor Berry Administration nor the Mayor Keller Administration or the APD command staff in any meaningful way demanding compliance with the Department of Justice (DOJ) consent decree reforms.

Each time the Federal Court appointed Monitor presented his critical reports of APD to the City Council, Benton, Davis and  Jones  remained silent.  All 3 declined to demand accountability from  Mayors Berry and Keller and hold the APD command staff responsible for dragging their feet on the reforms.  All 3  never attended a single one of the federal court hearings on the Court Approved Settlement Agreement (CASA) and the 16 Federal monitors report hearings.

MOST EGREGEOUS VOTES

The most egregious votes by Democrats  City Councilor  Isaac Benton and Pat Davis and Republican Trudy Jones  was that they voted for the final adoption of the ABC-Z Comprehensive Plan in 2017, now called the Integrated Development Ordinance (IDO) which is now having  long term impact on our neighborhoods and favors developers. The so called progressive Democrats Benton and Davis turned their backs on their own constituents and historical areas of the city by giving developers free rein to do what they wanted to do in those areas of the city. Benton in particular pushed backed at all objections made to him by his own progressive constituents on allowing casitas and encouraging high density development.

It was in 2015 that former Mayor Richard Berry during his second term started the rewrite process of the city’s comprehensive zoning code and comprehensive plan to rewrite the city’s entire zoning code. It was initially referred to as the  ABC-Z comprehensive plan and later renamed the Integrated Development Ordinance (ID0) once it was passed.  In 2015, there were sixty (60) sector development plans which governed new development in specific neighborhoods. Forty (40) of the development plans had their own “distinct zoning guidelines” that were designed to protect many historical areas of the city. Simply put, the IDO is and has always been an abomination that favors developers and the city’s construction and development industry.

The 2017 zoning rewrite was a rush job. It took a mere 2 years to rewrite the entire zoning code and it emerged as the Integrated Development Ordinance. The ABC-Z project rewrite was nothing more than making “gentrification” an official city policy and the “gutting” of long-standing sector development plans by the development community to repeal those sector development plans designed to protect neighborhoods and their character.

Another egregious vote by Benton, Davis and Jones that also  involved the Integrated Development Ordinance happened last August when all 3 voted for allow 2 Safe Outdoor Spaces in each of the 9 City Council Districts.  A “Safe Outdoor Space” is a city sanction lot, or a portion of a lot, developed to provide designated spaces for occupancy by tents, recreational vehicles, and/or light vehicles for the homeless. The Integrated Development Ordinance (IDO) now allows Safe Outdoor Space tent  camps of up to 40 spots for tents and a total of 50 residents. Neighborhood associations and private property owners strongly protested such government sponsored tent encampments as being a viable solution to the city’s homeless crisis. The city provides upwards of $60 million a year for shelter and services to the homeless and 24/7 city sanctioned homeless tent encampments are contrary to the city’s housing first program.

CITIZEN’S SALARY COMMISSION RECOMMENDS INCREASING CITY COUNCIL AND MAYOR’S SALARIES BY 87%

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.

The committee’s decision making process included a series of surveys and questioning Mayor Tim Keller and all 9 current city councilors and the public. The questionnaire sought to gauge workload, expectations and if the current salary reflected the job responsibilities and whether it might present an economic barrier for people who want to run for office.

The commission reported it wanted to ensure “fair and reasonable” pay for the city’s elected officials that accounts for their time and effort and comparing them  to peer cities.  The salary  analysis included reviews of El Paso, Texas, Oklahoma City, Oklahoma and Tucson, Arizona.

Mayor Keller in his survey said he worked an average of 70 hours per week. He described the mayor’s job as “appropriately compensated,” but noted that it pays less  than dozens of other positions in Albuquerque municipal government. The positions in city government Keller is referring to are unclassified at will positions such as Department Directors that Keller appoints and pays between $160,000 and $200,000 a year.   Most Albuquerque department directors make $157,518 annually, and other administrator salaries top $170,000 with the City Chief Administrative Officer paid $200,000. Those positions are at will positions and their pay is negotiated at the time of hire with the Mayor.

Not all councilors responded to the survey. The 6 who did respond reported that at least 28 hours a week are needed to “adequately” fulfill their responsibilities but that their position needs full-time attention.

The public was fairly split on what elected officials should be paid. Among 182 survey respondents, 37% answered that the City Council salary should remain $33,660, but 36% thought councilors should make less and 26% said they should earn more. Wirh regards  to the mayor, 48% said the position should earn less, 34% thought it was good as it is now, and 18% felt the job deserved a higher salary.

The commission wanted to establish salaries “likely to attract competent and effective candidates to serve in public office and that enhances the opportunity for every eligible citizen to serve, regardless of their financial circumstance. …  why would someone be Mayor if they could be CAO (chief administrative officer), which pays almost double

One opinion expressed  was that the Albuquerque’s current councilor salary might prevent people from running for a seat, since the position is often too demanding to hold another job but does not pay enough to survive on.

Salary Commission Chair Kent Hickman said this when announcing the recommendations:

“The Commission considered a variety of data, including historical compensation received by the Mayor and City Councilors, comparative pay and forms of government among similar cities, the managerial complexity of elected officials’ labor, as well as changes in the cost of living and median household income.”

The Citizens Independent Salary Commission voted on the salary changes during an early March meeting. The new pay scale if approved by the City Council would take effect only after the 2023 and 2025 municipal elections meaning in 2024 for the candidates who win the council District 2, 4, 6, and 8 elections this fall and in 2026 for those who prevail in the 2025 election for Mayor and the other five council seats.

The link to the quoted news source is here:

https://www.abqjournal.com/2585042/citizencommissionwantsbigraiseforalbuquerquecitycouncilors.html

COMMENTARY AND ANALYSIS

 After the 2021 municipal election, the city council went from a 6 -3 Democrat Majority with the loss of Democrat Cynthia Borrego to Republican Dan Lewis  and it  became a 5-4 Democrat majority, but the ideology split is  5 conservatives to 3 progressives and one moderate. The breakdown by name is as follows:

Democrats

District 1 Conservative Democrat Louie Sanchez
District 2 Progressive Democrat Isaac Benton
District 3 Moderate Democrat Klarissa Peña
District 6 Progressive Democrat Pat Davis
District 7 Progressive Democrat Tammy Fiebelkorn

Republicans

District 5 Conservative Republican Dan Lewis
District 4 Conservative Republican Brook Bassan
District 8 Conservative Republican Trudy Jones
District 9 Conservative Republican Renee Grout

Although the City Council is currently split with 5 Democrats and 4 Republicans, Conservative Democrat Louie Sanchez has often allied himself with Republicans Dan Lewis, Renee Grout, Trudy Jones and Brook Bassan allowing them to approve or kill measures on a 5-4 vote but being unable to override Mayor Tim Keller’ veto’s with the required 6 votes. Republican Brook Bassan is expected to run for a second term and she is expected to have conservative Republican opposition. With progressives Pat Davis and Isaac Benton’s departures at the end of the year, the balance of power could shift further to the right if their replacements are more moderate to conservative giving Keller more headaches in passing his progressive agenda.

_________________________________

POSCRIPT

CALLING ON ALL CANIDATES

The regular 2023 municipal election to elect city councilors for City Council Districts 2, 4, 6, and 8 will be held on November 7, 2023. The City Clerk has already posted  on its city  web page the election calendar and information for all candidates. The 2023 Regular Local Election Calendar for candidates begins on April 30 with an “exploratory period” to allow candidates to organize and collect “seed money” donations  and  ends on June 4. The petition and qualifying contribution period begins on June 5  and ends on July 10, 2023.

https://www.cabq.gov/vote/candidate-information/candidate-calendar-for-the-2023-regular-local-election

ELIGIBILITY: In order to become a candidate, a person must be registered to vote in, and physically reside in, the district they seek to represent by August 9, 2023. Any changes to voter registration must be effective on August 9, 2023. How a name appears on ballots cannot be changed at the time of candidate filing.

NOMINATING PETTIONS: A candidate for City Council must collect 500 signatures from registered voters within the district the candidate wishes to represent. The City Clerk’s Office encourages candidates to collect more petitions signatures than required. Though signatures collected on the website will be validated as registered voters, signatures collected on paper forms will need to be verified as registered voters in the candidate’s district by the City Clerk’s Office once you submit them. Because individuals don’t always know their registration status, it’s possible that a number of the signatures you collect may not count towards the total required. A Council Candidate may collect petition signatures from 8:00am on June 5 through 5:00pm on July 10.

Candidates for City Council can be either publicly financed or privately financed.

PUBLIC FINANCING: Candidates can qualify city public financing by securing $5 qualifying donations from registered who live in the district. The public finance candidate must agree to a cap and agree that is all they can spend. Candidates are required to collect qualifying contributions from 1% of the registered voters in the district they wish to represent. The number changes based on the district a candidate is running in. City public financing can be between $40,000 to $50,000 depending on the 1% of registered voters in the District. City Council candidates may collect qualifying contributions from 8:00am on June 5 through 5:00pm on July 10.

PRIVATE FINANCING: There is no cap on what a privately finance candidate can spend on their campaigns.  A privately financed candidate may give themselves  an unlimited amount of money to spend on their campaigns. However, another individual may only donate up to a certain amount. For a City Council candidate, an individual may only donate up to $1,683.00.

MEASURE FINANCE COMMITTEE: A Measure Finance Committee is a political committee, person or group that supports or opposes a candidate or ballot measure within the City of Albuquerque.  Measure Finance Committees must register with the City Clerk, regardless of the group’s registration as a PAC with another governmental entity. Measure Finance Committees must also file financial statements at the same times that candidates report. Measure Finance Committees are not bound by the individual contribution limits and business bans like candidates. However, a Measure Finance Committee that supports or opposes a measure and receives aggregate contributions in excess of 30% of the Mayor’s salary from one individual or entity, must incorporate the donor’s name into the name of the committee. For 2023 Measure Finance Committees, that threshold number is: $39,750.00.

The links to the city clerk’s web pages are here:

https://www.cabq.gov/vote/candidate-information

https://www.cabq.gov/vote/candidate-information/faqs