CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. O-26-43 ENACTMENT NO. ________________________
SPONSORED BY: Tammy Fiebelkorn, Dan Champine
ORDINANCE
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Creating A New Article In Chapter 2 Of The City Of Albuquerque Code Of Ordinances, To Be Known As The “Artificial Intelligence Ordinance” (Fiebelkorn and Champine)
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WHEREAS, in 2024 the Albuquerque City Council adopted R-24-81, directing the City Administration to convene a diverse stakeholder Artificial Intelligence Working Group to study, discuss, and make recommendations for the development of a policy governing the responsible use of Artificial Intelligence in City operations; and
WHEREAS, in 2025 the City Council accepted EC-25-485, submitting the Working Group’s recommendations for the development of an Artificial Intelligence policy, including all of the deliverables requested in R-24-81, except for a recommendation on the legal status of the Artificial Intelligence policy governance structure; and
WHEREAS, the Working Group, through EC-25-485, recommended establishing an Emerging Technology Advisory Board to review the implementation of AI and other emerging technologies, review major technology decisions, and act as a bridge between City operations and the community, and the City Council is establishing that Board through a companion bill introduced concurrently with this Ordinance; and
WHEREAS, it is vital to have a governance framework that will enable the City to be adaptive to emerging technologies and will allow for timely updates to Rules and oversight mechanisms, as technologies, risks, and best practices evolve.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. A new Article 20 in Chapter 2 of the Revised Ordinances of Albuquerque, 1994 is hereby created as follows:
§ 2-20-1. SHORT TITLE. This Ordinance may be referred to as the “Artificial Intelligence Ordinance” or “AIO.”
§ 2-20-2. PURPOSE. This Ordinance is adopted to ensure that the City’s purchasing and deployment of Artificial Intelligence within City of Albuquerque operations is conducted in a manner that promotes innovation, transparency, fairness, accountability, ethical safeguards, and protection of public interests, while fostering community trust and maximizing community benefit. The Artificial Intelligence Ordinance provides a governance framework for agile Artificial Intelligence deployment across City Departments, while ensuring community oversight and adaptability to evolving state and federal policy. As City Departments bolster capacity to further develop, deploy, and use Artificial Intelligence, this Ordinance shall serve as the vehicle for implementing the Operational Plan provided in EC-25-485 and any subsequent Artificial Intelligence plans developed and approved by the City.
§ 2-20-3. DEFINITIONS.
(A) “ARTIFICIAL INTELLIGENCE” or “AI” is any computer science that uses computer systems to perform tasks which usually require human intelligence, such as reasoning, problem solving, perception, and language.
(B) “EMERGING TECHNOLOGY” means artificial intelligence, automated decision systems, machine learning, predictive analytics, biometric systems, and any additional technologies reviewed by the Emerging Technology Advisory Board or otherwise identified as significantly affecting City operations, public services, privacy, or civil rights, as defined in the enabling legislation for the Emerging Technology Advisory Board.
(C) "EMERGING TECHNOLOGY ADVISORY BOARD” or “BOARD" is the City advisory board responsible for helping the City maintain a consistent, informed, and community-centered approach to reviewing high-risk and emerging technologies, advising on policy and procurement decisions, and supporting the City’s responsible implementation of the Artificial Intelligence Ordinance and the rules created by the Department of Technology & Innovation (“DTI”).
§ 2-20-4. APPLICABILITY.
(A) This Ordinance and accompanying Rules apply to all matters related to AI that DTI deems necessary to evaluate to ensure the responsible use of AI in City of Albuquerque operations.
(B) The provisions of this Ordinance and rules apply to all products and services used or proposed for use within the City of Albuquerque’s government operations, for AI technologies that interface directly with residents or public services within the City’s jurisdiction and Purchases being considered by City Departments for which the prospective vendors utilize AI in the delivery of their products and services.
§ 2-20-5. CREATION OF AI POLICY.
(A) DTI shall create an AI Policy to implement this Ordinance. The Policy shall at a minimum:
(1) Ensure compliance with the Emerging Technology Advisory Board Ordinance (ROA 1994, Chapter 2, Article 6, Part 3);
(2) Utilize appropriate recommendations outlined by the AI Working Group submitted to Council via EC-25-485;
(3) Require any Department that utilizes AI to report their use and application to DTI;
(4) Provide standards for transparency, documentation, and public reporting of AI use cases by City Departments deploying AI Purchases, to include creating and maintaining an AI Purchase Inventory;
(5) Require that any entity entering into a contract with the City disclose whether their products or services use Artificial Intelligence in any form, and notify the City if that use changes after the contract is executed;
(6) Develop recommendations on procedures for compliance, enforcement, and disciplinary actions for violations of this Ordinance, if necessary; and
(7) Create guidelines for ethical use of AI in City decision-making and public service delivery.
(B) DTI shall alert the City Council of any changes to the AI Policy in the form of an Executive Communication submitted at the first City Council Meeting in August.
§ 2-20-6. PUBLIC ENGAGEMENT AND TRANSPARENCY.
(A) To ensure public engagement and transparency, DTI shall:
(1) Make the most recent version of the City’s AI Policy available online;
(2) Create and regularly update DTI’s public-facing AI Purchase Inventory and related disclosures by City Departments;
(3) Provide public education and community engagement around AI by partnering with local tech experts and inviting them to attend and make presentations at Emerging Technology Advisory Board meetings;
(4) Provide a forum for public feedback, concerns, or complaints through the Emerging Technology Advisory Board; and
(5) Publish all of the materials required by this Section in multiple languages and formats to ensure equitable access and understanding among underrepresented communities.
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 compiled as a new Article 20 in Chapter 2 of the Revised Ordinances of Albuquerque, New Mexico, 1994, titled “Artificial Intelligence Ordinance (AIO).”
SECTION 4. EFFECTIVE DATE. This ordinance shall take effect five (5) days after publication by title and general summary.