CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. O-26-66 ENACTMENT NO. ________________________
SPONSORED BY: Renée Grout, Stephanie W. Telles, Nichole Rogers, Dan Champine
ORDINANCE
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Adopting A New Article In Chapter 2 Of The Revised Ordinances Of Albuquerque To Create The Charter Review Task Force And Repealing Section 2-1-7 Of The Code Of Resolutions (Grout, Telles, Rogers, Champine)
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WHEREAS, the City Charter, which created Albuquerque’s current form of government, was adopted by City voters in 1974; and
WHEREAS, the City Charter is the foundation of our local government, and ongoing review of its provisions is essential to ensuring that City of Albuquerque government continues to serve the needs of its residents; and
WHEREAS, the City Charter grants the City Council the authority to propose Charter amendments, subject to final approval by the voters in most instances; and
WHEREAS, the City Council, as the legislative branch of City government, frequently utilizes its authority and policymaking expertise to independently develop amendments to the City Charter; and
WHEREAS, the City Council has also elected to seek input from a Charter Review Task Force that conducts a comprehensive review of the City Charter and provides recommendations to guide the Council’s consideration of potential Charter amendments; and
WHEREAS, City Charter Review Task Forces were convened in 1988, 1998, 2009, and 2015 to conduct an overall review of the City Charter and propose changes to improve or refine the Charter in light of changes to the City, its populace, and the environment; and
WHEREAS, approximately eleven years have passed since the last Charter Review Task Force was assembled to analyze the Charter, and in that time, several critical issues have materialized relating to requirements of the Charter, as demonstrated by several recently proposed Charter amendments; and
WHEREAS, it is timely to convene a Charter Review Task Force to conduct an analysis of the City Charter, including providing recommendations on specific provisions and other updates as may be necessary to promote the health, safety, and welfare of the residents of the City of Albuquerque; and
WHEREAS, when a proposed Charter amendment is submitted to the voters for approval, the State’s Local Election Act requires the proposed Charter amendment be offered as a ballot question, which must be submitted to the Bernalillo County Clerk not less than seventy (70) days before the election; and
WHEREAS, to appear on the November 2, 2027 election ballot, any proposed Charter amendment ballot questions must be submitted to the County Clerk no later than August 24, 2027; and
WHEREAS, to comply with this statutory deadline, the latest Council meeting at which a proposed Charter amendment ballot question can be adopted by the Council will be August 16, 2027; and
WHEREAS, however, when factoring in the additional time needed to work through the Council’s legislative processes, including conducting multiple required hearings and resolving possible vetoes, the legislation for Charter amendment ballot questions should be introduced no later than May 2027; and
WHEREAS, promptly convening a new Charter Review Task Force will provide considerable opportunity for public input and focused study of possible amendments to the Charter, while also allowing sufficient time to meet the statutory deadlines for ballot questions; and
WHEREAS, prioritizing the review of specific Charter provisions identified as requiring most immediate consideration will allow the Charter Review Task Force to first focus its time and resources on those matters that warrant inclusion on the 2027 ballot, while permitting the Task Force to continue its broader review of the remaining provisions and the Charter as a whole throughout the remainder of 2027; and
WHEREAS, setting priorities and staggered deadlines for the Charter Review Task Force will ensure the review process is completed efficiently, priorities amendments can be proposed to the voters in 2027, and additional amendments may be considered on a subsequent schedule without delaying all proposed amendments until 2028.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. A new Article 20 is hereby adopted in Chapter 2 of the Revised Ordinances of Albuquerque, New Mexico, 1994 to establish the Charter Review Task Force as follows:
§ 2-20-1 SHORT TITLE. This Ordinance may be cited as the “Charter Review Task Force Ordinance.”
§ 2-20-2 PURPOSE AND FINDINGS.
(A) The City Charter of the City of Albuquerque was adopted by City voters in 1974 and serves as the foundation of our local government. The City Council finds that the ongoing review of its provisions is essential to ensuring that City of Albuquerque government continues to serve the evolving needs of its residents.
(B) The City Charter grants the City Council the authority to propose Charter amendments, subject to final approval by the voters in most instances. Charter amendments can also be proposed to the voters using a public petition process established in the City Charter.
(C) The City Council, as the legislative branch of City government, frequently utilizes its authority and policymaking expertise to independently develop amendments to the City Charter. The City Council has also elected to seek optional input from a Charter Review Task Force that conducts a comprehensive review of the City Charter and provides recommendations to guide the Council’s consideration of potential Charter amendments.
(D) Charter Review Task Forces were convened in 1988, 1998, 2009, and 2015 and conducted an overall review of the Charter and proposed changes to improve or refine the Charter in light of changes to the City, its populace, and the environment.
(E) The City Council finds that it is in the best interests of the City to codify the process through which the Charter Review Task Force shall convene on a consistent schedule to complete a regular review of the City Charter to ensure that the Charter continues to meet the evolving needs of the City and promotes the health, safety, and welfare of the residents of the City of Albuquerque.
(F) Consistent with the City Council’s authority to amend the City Charter, nothing in this Ordinance shall be construed to preclude the City Council from independently proposing a Charter amendment or ballot question at any time.
§ 2-20-3 CREATION OF THE CHARTER REVIEW TASK FORCE.
(A) The Charter Review Task Force (“Task Force”) is hereby created.
(B) The charge of the Task Force, which shall be liberally construed, shall be to conduct a comprehensive review of the City Charter of the City of Albuquerque for the purpose of recommending to the City Council any amendments to the Charter deemed appropriate.
(C) The Task Force shall:
(1) Review the City Charter as a whole and identify provisions that may warrant clarification, modification, addition, or repeal;
(2) Consider the City’s current and anticipated governance needs and challenges;
(3) Examine relevant legal requirements and practices of comparable municipalities;
(4) Seek and consider relevant public input regarding the Charter and potential amendments;
(5) Discuss and develop proposed Charter amendments and other recommendations within its charge;
(6) Study the final report(s) of prior Charter Review Task Forces;
(7) Review all Charter amendments proposed by the City Council in the time since the last Charter Review Task Force issued its Final Report(s); and
(8) Submit final written reports to the City Council and the Administration, setting forth its findings and recommendations, including proposed Charter amendment language, where appropriate.
(D) In addition to the comprehensive review of the City Charter as a whole, the City Council may by Other Communication (“OC”) direct the Task Force to prioritize the consideration and review of specific matters and/or specific sections of the City Charter. The Task Force shall issue additional final written reports on those matters pursuant to directives and deadlines imposed by the Council.
(F) The Charter Review Task Force shall convene no less than once every ten (10) years, beginning in January 2027.
(G) The Council shall initiate each Charter Review Task Force process by Other Communication (“OC”). The initiation OC shall establish the commencement date of the Charter Review Task Force and identify the final comprehensive report deadline, and may provide additional deadlines, directives, and procedures as necessary to carry out the purposes of this Ordinance.
(H) The Council and Mayor shall make appointments to the Charter Review Task Force sufficiently in advance of the date on which the Task Force is required to convene to allow the Task Force to organize and promptly commence its work.
§ 2-20-4 TASK FORCE MEMBERS.
(A) Voting Members. The Charter Review Task Force shall be comprised of eleven (11) voting members:
(1) One (1) member appointed by each City Councilor; and
(2) Two (2) members appointed by the Mayor.
(B) The City Council shall retain an independent Professional Charter Review Chairperson to serve as the non-voting presiding officer of the Task Force, as provided in this Ordinance.
(C) Task Force members shall be residents of the City of Albuquerque with demonstrated experience in the technical disciplines necessary to conduct a review of the City Charter and who are willing and able to devote the time necessary to attend meetings, review materials, participate in deliberations, and complete the work of the Task Force.
(D) Because the Task Force will deal with complex issues related to municipal governance and interpretation of legal documents, at least one member shall be an attorney with substantial experience in municipal and/or constitutional law.
(E) Collectively, Task Force membership should include individuals with relevant expertise in areas including:
(1) Municipal government, public administration, or local government organization;
(2) Government ethics, elections, transparency, or public accountability;
(3) Municipal, constitutional, or other relevant public law;
(4) Municipal finance, budgeting, or other public sector financial management;
(5) Human resources, labor relations, or public sector workforce management;
(6) Planning, land use, infrastructure, economic development, or other complex municipal operations.
(F) The term of appointment shall be one year, or until the Task Force’s final comprehensive report is submitted. There are no term limits for any appointee. Any vacancies on the Task Force shall be filled promptly in the same manner as the initial appointment. Upon presentation of its final comprehensive report, the Task Force shall be discharged.
(G) The City Clerk shall develop and publicly distribute educational materials informing the public of the purpose of the Charter Review Task Force and how interested individuals may apply to serve on the Task Force.
§ 2-20-5 PROFESSIONAL CHARTER REVIEW CHAIRPERSON.
(A) The City Council shall retain an independent Professional Charter Review Chairperson (“Professional Chairperson” or “Chairperson”) to lead and support the work of the Charter Review Task Force. The Professional Chairperson shall serve as the Task Force’s non-voting presiding officer, professional facilitator, project manager, and a subject-matter resource.
(B) The Professional Chairperson shall have qualifications to provide the Task Force with professional and objective guidance related to the Charter Review:
(1) The Professional Chairperson shall have demonstrated professional experience in facilitating public bodies or complex collaborative processes and substantial knowledge of municipal government, local government organization, public administration, or a related field.
(2) The Professional Chairperson may have additional experience in municipal charter development or review, municipal or constitutional law, local government organizational design, comparative municipal research, and preparing governmental findings, reports, and recommendations.
(C) The Professional Chairperson shall:
(1) Facilitate Task Force meetings and establish and manage the work plan, schedule, milestones, and procedures for completing the Charter Review;
(2) Support informed deliberation by identifying issues warranting consideration, providing relevant factual, professional, and comparative information, explaining approaches and implications on issues within the Chairperson’s expertise, and facilitating independent deliberation without advocating for or directing the Task Force toward a particular substantive recommendation;
(3) Assist the Task Force in conducting an appropriate public engagement process and ensure that relevant public input is presented to the Task Force;
(4) Coordinate with the City Council and Administration to provide updates following each Task Force meeting, communicate resource needs and any significant procedural issues, and promptly advise of any circumstances that may affect the Task Force’s ability to meet its deadlines;
(5) Assist the Task Force in evaluating and articulating its findings and recommendations, coordinate preparation of proposed Charter amendments and other recommendations adopted by the Task Force and prepare and present the Task Force’s final written reports to the City Council.
(6) Perform other facilitation, project management, research, and advisory duties as may be necessary to carry out the purposes of the Charter Review or as assigned by the City Council or requested by the Task Force, consistent with this Ordinance.
(D) The Professional Chairperson shall not have a vote on any matter before the Task Force. The Professional Chairperson shall not advocate for, oppose, or otherwise seek to direct the Task Force toward any particular substantive recommendation. The ultimate responsibility for determining the final recommendations by the Task Force to the City Council shall remain exclusively with the voting members of the Task Force.
(E) The City Council shall recruit, appoint, retain, and establish the compensation for the Professional Chairperson. The contract with the Professional Chairperson shall be funded by Council appropriation and managed through the City Council Services Department.
§ 2-20-6 ORGANIZATION AND MEETINGS.
(A) All meetings of the Task Force shall comply with the Open Meetings Act, NMSA 1978, Sections 10-15-1 through 10-15-4.
(B) Unless otherwise provided in this Ordinance, the Task Force shall comply with the Public Boards, Commissions and Committees Ordinance, ROA 1994, Sections 2-6-1-1 through 2-6-1-8.
(C) The Task Force shall conduct its meetings generally in accordance with the City Council Rules of Procedure.
(D) The Task Force shall meet as many times as it deems necessary to produce its recommendations within required deadlines or timeframes, but no less than once per month.
(E) The Task Force shall require six voting members to constitute a quorum for purposes of conducting business.
(F) For all motions other than motions to adopt the Task Force’s final recommendations, a motion is adopted by an affirmative vote of a majority of members present. For motions to adopt the Task Force’s final recommendations, an affirmative vote of a majority of all members is required. The foregoing does not prohibit the submission of minority reports to the City Council as part of the Task Force’s final written reports.
(G) The Task Force and Professional Chairperson may request information, background, and training from City staff or other subject matter experts on topics relevant to the Charter Review.
(H) The Office of the City Clerk shall serve as staff to the Task Force. Both the City Council and the Administration shall cooperate to provide additional support and operational resources as may be necessary to assist the Task Force in equal proportion.
SECTION 2. Section 2-1-7 of the Albuquerque Code of Resolutions is repealed in its entirety:
[§ 2-1-7 CHARTER REVIEW TASK FORCE.
(A) A seven-member City Charter Review Task Force shall be appointed by the Mayor with the advice and consent of the Council to review and evaluate all areas of the City Charter, including those sections which have been challenged as well as the unchallenged sections. The Task Force shall be a blue ribbon group, whose members are well respected in the community. Among the members shall be citizens who are knowledgeable as to municipal government organization in Albuquerque and/or in general. Membership shall include attorneys respected in the area of municipal and constitutional law.
(B) The Task Force shall be governed by Chapter 2, Article 6, R.O.A. 1994, except the term of appointment shall be six months, or until its final report is presented.
(C) The charge of the Task Force, which shall be liberally construed, shall be to examine any and all articles, sections, and provisions of the City Charter for the purpose of recommending any amendments to the Charter deemed appropriate.
(D) The Task Force shall present its recommendations to the Mayor and the Council in the form of a final report.
(E) The Task Force shall hold one or more public hearings at which the citizens of the city shall be encouraged to give their views on the Charter.
(F) The Office of the Mayor and the Council Services Department shall cooperate in providing staff and financial support necessary to assist the Task Force.]
SECTION 3. 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 4. COMPILATION. SECTION 1 of this Ordinance amends, is incorporated in, and is to be compiled as part of the Revised Ordinances of Albuquerque, New Mexico, 1994 as a new Article 20 in Chapter 2 titled, “Charter Review Task Force.” SECTION 2 of this Ordinance amends, is incorporated in, and is to be compiled as part of the Albuquerque Code of Resolutions.
SECTION 5. EFFECTIVE DATE. This Ordinance takes effect five (5) days after publication by title and general summary.