CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. P-26-1 ENACTMENT NO. ________________________
SPONSORED BY: Joaquín Baca and Nichole Rogers
CHARTER AMENDMENT PROPOSAL
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Adopting A Proposition To Be Sent To The Voters At The 2026 General Election; Proposing To Amend The Charter To Require Appointment And Confirmation Of The Director Of Albuquerque Community Safety (“ACS”) And Designating The Position As “ACS Chief” (Baca and Rogers)
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ADOPTING A PROPOSITION TO BE SENT TO THE VOTERS AT THE 2026 GENERAL ELECTION; PROPOSING TO AMEND THE CHARTER TO REQUIRE APPOINTMENT AND CONFIRMATION OF THE DIRECTOR OF ALBUQUERQUE COMMUNITY SAFETY (“ACS”) AND DESIGNATING THE POSITION AS “ACS CHIEF”.
WHEREAS, the Albuquerque Community Safety Department (“ACS”) is a public safety department that responds to behavioral health, homelessness, and other community safety calls and plays a critical role in the City’s coordinated emergency response system alongside the Albuquerque Police Department and Albuquerque Fire Rescue; and
WHEREAS, the Director of Albuquerque Community Safety exercises authority over personnel, manages substantial public resources, establishes operational policies, and is entrusted with responsibilities that directly impact the health, safety, and welfare of the public; and
WHEREAS, the Police Chief and Fire Chief are subject to appointment with the advice and consent of the Council and are required to enter into employment agreements that expire at the conclusion of the Mayor’s term, reflecting the significant public safety responsibilities and policy-making authority inherent in those positions; and
WHEREAS, ensuring that the Director of Albuquerque Community Safety is considered a “Chief” and appointed, confirmed, and subject to employment terms consistent with other public safety chiefs promotes transparency, accountability, parity in governance, and continuity of leadership within the City’s public safety framework; and
WHEREAS, amending the Charter to expressly include the Director of Albuquerque Community Safety among those public safety chiefs requiring Council confirmation and employment agreements tied to the Mayor’s term will clarify the City’s governance structure and strengthen public trust in the oversight of public safety leadership; and
WHEREAS, pursuant to Article VI of the Albuquerque City Charter, amendments to the Charter may be proposed by the Council or by Petition. City Charter, Article VI, Section 1; and
WHEREAS, an amendment to the Charter proposed by the Council must be approved by a vote of a majority of all Councilors plus one. City Charter, Article VI, Section 3(a); and
WHEREAS, the Council shall hold at least two public hearings prior to its vote on the proposed Charter amendment. The Council may revise the proposed amendment as a result of suggestions and recommendations made at the first public hearing, but if such a revision is made at the second of the two public hearings, the Council shall hold a third public hearing on the proposed Charter amendment. Any revisions made shall be posted along with the notice of the next meeting after a review by the City Attorney to ensure the summary is still accurate after the revision. City Charter, Article VI, Section 3(b); and
WHEREAS, The election to consider a proposed Charter amendment must be held at the next general election or regular local election. City Charter, Article VI, Section 4.
BE IT PROPOSED BY THE CITY COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. The City Clerk shall place the summary, title, and text of the following proposition on the ballot of the 2026 General Election, and City of Albuquerque voters shall be permitted to vote “for” or “against”:
SUMMARY
Proposing to amend the City Charter to require appointment and confirmation of the Director of Albuquerque Community Safety (“ACS”) and designating the position as “ACS Chief.”
PROPOSITION
Proposing to amend the City Charter of the City of Albuquerque as follows:
ARTICLE V. MAYOR
Section 4. DUTIES OF THE MAYOR.
The Mayor shall:
(d) With the advice and consent of the Council, appoint the Chief Administrative Officer, any deputy administrative officers, the Chief of Police, the Fire Chief, and the Albuquerque Community Safety (“ACS”) Chief. For the purposes of this section, “deputy administrative officers” shall mean any position with supervisory authority over anyone in a department director position. 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 has a proposed appointee. The Mayor (even if reelected) shall reappoint all above noted positions at the beginning of each new term. 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. No person may serve in an interim position for any of the above noted positions for a period of greater than 270 days unless the Council does not confirm an appointee presented to them within the timeline stated within this section;
1. The Police Chief, Fire Chief, and ACS Chief shall have an employment agreement with the City specifying the terms and conditions of employment including a provision for the early termination and expiring at the end of the current Mayor’s term. The Mayor may terminate this agreement at any time for cause. The Council may terminate the agreement at any time, with notice to the Mayor and Police Chief, Fire Chief, or ACS Chief, by an affirmative vote of two-thirds plus one of the entire membership of the Council.
SECTION 2. TIME OF FILING WITH THE CITY CLERK. The Director of City Council Services, or their designee, shall file this Charter Amendment Proposal with the City Clerk upon its final passage.
SECTION 3. SEVERABILITY CLAUSE. If any section, paragraph, word, or phrase of this Proposition is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Proposition. The Council hereby declares that it would have passed this Proposition and each section, paragraph, sentence, clause, word, or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 4. EFFECTIVE DATE. This Proposition is effective immediately. The Charter Amendment described in SECTION 1 of this Proposition shall take effect on January 1, 2027 so long as certified as approved by the voters, and the proposed ACS Chief appointee shall be presented to the Council for confirmation within 45 days thereafter.
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