CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. R-26-5 ENACTMENT NO. ________________
SPONSORED BY: Joaquín Baca and Nichole Rogers
RESOLUTION
title
Adopting A Proposition To Be Submitted To The Voters At The Next Election To Be Held In The City Of Albuquerque Concerning An Amendment To Article V, Section 4 Of The Albuquerque City Charter; Providing The Form Of The Question And The Designation Clause For Such Question On The Ballot (Baca and Rogers)
body
ADOPTING A PROPOSITION TO BE SUBMITTED TO THE VOTERS AT THE NEXT ELECTION TO BE HELD IN THE CITY OF ALBUQUERQUE CONCERNING AN AMENDMENT TO ARTICLE V, SECTION 4 OF THE ALBUQUERQUE CITY CHARTER; PROVIDING THE FORM OF THE QUESTION AND THE DESIGNATION CLAUSE FOR SUCH QUESTION ON THE BALLOT.
WHEREAS, Proposition P-26-1 proposes to amend the Albuquerque City Charter by requiring appointment and confirmation of the Director of Albuquerque Community Safety (“ACS”) and designating the position as “ACS Chief”; and
WHEREAS, Pursuant to Article VI of the Albuquerque City Charter, amendments to the Charter may be proposed by the Council and must be approved by a vote of a majority of all Councilors plus one; and
WHEREAS, P-26-1 specifies that the City Clerk is required to coordinate with the Bernalillo County Clerk to prepare and file any necessary documents and agreements for an election on P-26-1; and
WHEREAS, When a local government ballot question is to be submitted to the voters, Section 1-16-3(B) of the Election Code requires the local government to file a resolution proposing the ballot question with the County Clerk.
BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. The City Clerk is instructed to place the following proposal on the 2026 General Election ballot, and the qualified voters of the City of Albuquerque shall be permitted to vote “for” or “against” the following proposition. In consultation with the Bernalillo County Clerk and/or the Secretary of State, the City Clerk shall have the authority to modify the proposal as to form to conform with applicable law.
(A) QUESTION TO BE SUBMITTED.
(1) PROPOSITION. The City Clerk is instructed to coordinate with the Bernalillo County Clerk to submit the following summary, title, and complete text of the following proposed Charter amendment to the City’s qualified, registered voters who shall be permitted to vote “for” or “against.” The ballot face shall be in substantially the following form:
OFFICIAL ELECTION BALLOT
GENERAL ELECTION
HELD NOVEMBER 3, 2026
PROPOSITION 1: Proposition 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.”
SUMMARY
Shall the City of Albuquerque adopt the following amendment to update the Albuquerque City Charter to require appointment and confirmation of the Director of Albuquerque Community Safety (“ACS”) and designate the position as “ACS Chief”?
TITLE AND PROPOSITION
PROPOSING TO AMEND THE CITY CHARTER TO REQUIRE APPOINTMENT AND CONFIRMATION OF THE DIRECTOR OF ALBUQUERQUE COMMUNITY SAFETY (“ACS”) AND DESIGNATE THE POSITION AS “ACS CHIEF”
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.
FOR ____________ AGAINST ____________
SECTION 2. SEVERABILITY CLAUSE. If any section, paragraph, sentence, word, or phrase of this Resolution 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 Resolution. The Council hereby declares that it would have passed this Resolution and each section, paragraph, sentence, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 3. The City Clerk shall file this Resolution with the Bernalillo County Clerk immediately upon its effective date and shall forward a copy of the transmittal to the City Council President and Director of Council Services. Not less than 90 days before the election at which this ballot question is proposed to be submitted to the voters, the City Clerk shall provide confirmation to the City Council President and Director of Council Services that this ballot question has been submitted and will appear on the 2026 General Election ballot.