Timothy M. Keller, Mayor
City of Albuquerque
Office of the Mayor/ chief administrative office
Interoffice Memorandum
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to: |
City COUncil |
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from: |
Timothy M. Keller, Mayor |
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subject: |
VETO OF R-26-12, ADJUSTING FISCAL YEAR 2026 OPERATING APPROPRIATIONS FOR CERTAIN FUNDS AND PROGRAMS. |
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date: |
April 20, 2026 |
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title
Veto Of R-26-12, Adjusting Fiscal Year 2026 Operating Appropriations For Certain Funds And Programs
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As I stated in my previous line-item veto of C/S R-25-132, I support Bands of Enchantment. But my concerns regarding the appropriation of City funds to a private, for-profit business remain the same. It’s my understanding that support for this appropriation was part of a broader agreement, and I respect Council’s work to come to an agreement on important City issues. However, as with the prior appropriation, there are serious legal concerns about an appropriation of this amount to a private business. In particular:
• This would bring the total appropriation for Bands of Enchantment to $860,000 for FY26. There is an additional appropriation of $580,000 proposed for FY27. In total, this for-profit business is in line to receive approximately $1.4 million in City funding.
• An expenditure of this amount to a private business violates the anti-donation clause. In addition, an appropriation of this amount to a business without a public procurement process likely violates the City’s Procurement Ordinance. Also, the Council transferred the authority this funding to itself, in violation of the principles of separation of powers.
Therefore, because I cannot support legislation that is unlawful, I have decided to veto R-26-12. I respect that this veto can be overridden, however if these funds are appropriated it will require legal action before this administration violates the law. A simple solution would be to appropriate money for tourist-related activities and marketing. That would avoid these difficult issues and any violation of City ordinances or the New Mexico Constitution.