CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. F/S O-26-27 ENACTMENT NO. _______________________
SPONSORED BY: Brook Bassan
ORDINANCE
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F/S Amending Chapter 2, Article 6, Part 1, To Add A New Section 9 To Be Known As “The Sunset Review Clause” To Mandate Periodic Review Process To Evaluate The Continued Necessity, Efficiency, And Effectiveness Of Every Board, Commission, Or Committee Established By The City Of Albuquerque (Bassan)
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AMENDING CHAPTER 2, ARTICLE 6, PART 1, TO ADD A NEW SECTION 9 TO BE KNOWN AS “THE SUNSET REVIEW CLAUSE” TO MANDATE PERIODIC REVIEW PROCESS TO EVALUATE THE CONTINUED NECESSITY, EFFICIENCY, AND EFFECTIVENESS OF EVERY BOARD, COMMISSION, OR COMMITTEE ESTABLISHED BY THE CITY OF ALBUQUERQUE.
WHEREAS, the City of Albuquerque establishes boards, commissions, and committees to advise the City Council and Administration to provide subject-matter expertise, and to advance specific policy objectives in the public interest; and
WHEREAS, such boards, commissions, and committees are intended to serve clearly defined purposes and to operate in a manner that is efficient, transparent, and accountable to the public; and
WHEREAS, many boards, commissions, and committees are created to address time-limited or purpose-specific needs and may no longer be necessary once those purposes have been fulfilled; and
WHEREAS, the absence of clear sunset provisions has resulted in certain boards, commissions, and committees remaining active beyond their functional relevance, even after completing their intended work; and
WHEREAS, inactive or nonfunctioning boards, commissions, and committees continue to require staff support, administrative coordination, and procedural maintenance, thereby diverting limited City resources from active priorities; and
WHEREAS, the failure of some boards, commissions, and committees to meet regularly, maintain quorum, or operate in alignment with their original mandate undermines their advisory role and limits their effectiveness; and
WHEREAS, periodic evaluation of boards, commissions, and committees is necessary to ensure that such entities remain purposeful, effective, and aligned with current City needs and policy goals; and
WHEREAS, the adoption of sunset clauses for newly established boards, commissions, and committees promotes accountability by ensuring that entities are created with defined objectives, timelines, and mechanisms for timely dissolution or renewal; and
WHEREAS, the Task Force conducted a review of existing boards, commissions, and committees and identified certain entities that have fulfilled their intended purpose, overlap in mission, or are no longer functioning in a manner consistent with their original mandate; and
WHEREAS, the Task Force further recommended dissolution, restructuring, or consolidation of certain entities to reduce duplication, improve coordination, and strengthen advisory effectiveness; and
WHEREAS, the City Council finds that the actions set forth in this Ordinance are necessary and appropriate to ensure that boards, commissions, and committees remain effective tools of public governance and stewardship of public resources.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. A new Section 9, Part 1, Article 6 of Chapter 2, being Section 2-6-1-9, is hereby created in the Revised Ordinances of Albuquerque, 1994, as follows:
§ 2-6-1-9 SUNSET CLAUSES REQUIRED FOR ESTABLISHED BOARDS, COMMISSIONS, AND COMMITTEES.
(A) Automatic Termination. Every board, commission, or committee established by the City Council under ordinance or resolution shall automatically terminate on December 31, 2030, and every five calendar years thereafter (the “Sunset Date”), unless the board, commission or committee is required under New Mexico statute, federal law, City of Albuquerque Charter, or intergovernmental agreement or if City Council specifies a different duration at the time of establishment by resolution or ordinance. The Council may extend or renew the term of such body by ordinance or resolution adopted prior to its Sunset Date or thereafter.
(1) Upon expiration of the Sunset Date, the board, commission, or committee shall automatically dissolve and shall have no authority to meet, conduct business, issue recommendations, or receive staff support unless the City Council has renewed or extended its term prior to the expiration date or has reestablished the body by ordinance or resolution after the body’s expiration date.
(2) Failure to submit the required report as specified in Section B, below, within the stated timeframe shall not alter or delay the automatic termination of the board, commission, or committee, except where such failure is directly attributable to a documented inability to achieve quorum.
(3) Where a board, commission, or committee is unable to submit the required sunset review report due to a documented failure to achieve quorum, the department or City staff liaison shall notify Council in writing no later than the report submission deadline. The City Council may extend the body’s term for a period not to exceed one year to allow for completion of the sunset review process.
(B) Sunset Review Report.
(1) No later than six calendar months prior to the scheduled Sunset Date, each board, commission, or committee subject to the Sunset Date, shall submit a written report to the Mayor and City Council evaluating its effectiveness and recommending whether it should be continued, modified or terminated. At a minimum, the report shall include:
(a) A summary of the board, commission, or committee’s record of meeting dates, attendance, and quorum compliance;
(b) A summary of major actions, recommendations, or achievements;
(c) Identification of unfulfilled objectives or outstanding issues; and
(d) A recommendation regarding continuation, modification, or termination, with supporting rationale.
(C) Renewal of Advisory Bodies. Board, commission, and committee mandates may be renewed or reestablished by the Council. If so, the board, commission, or committee shall continue to meet and conduct business for a successive five years, unless a shorter or longer term is otherwise specified by the Council.
(D) Administrative Tracking and Notification.
(1) The City Clerk shall maintain an official list of all boards, commissions, and committees subject to a sunset provision, including their dates of creation and scheduled termination.
(2) By the first regular meeting of the City Council in March of each Automatic Termination calendar year, as established under ROA 1994, Section 2-6-1-9(A), the City Clerk shall provide written notice to the Mayor and to the City Council, by Other Communication (“OC”), identifying all boards, commissions, and committees scheduled to reach their Sunset Date during the calendar year. The notice shall include the scheduled expiration date of each body and identify those required to submit a sunset review report.
SECTION 2. SEVERABILITY. If any section, paragraph, sentence, clause, word or phrase of this Ordinance 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 Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 3. COMPILATION. SECTION 1 of this Ordinance is to be complied as a new Section 9, Part 1, Article 6 of Chapter 2, being Section 2-6-1-9, of the Revised Ordinances of Albuquerque, New Mexico, 1994, titled “THE SUNSET REVIEW CLAUSE.”
SECTION 4. EFFECTIVE DATE. This Ordinance takes effect five days after publication by title and general summary.
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