Section 7. MEETINGS OF THE COUNCIL.

   (a)   The Council or any of its component committees shall meet as frequently as its business may require. The Council shall establish regular Council meeting times by ordinance. Between official Council meetings the Council shall form itself into committees for consideration of specific areas of government, using citizenship participation in committee work if found advisable.

   (b)   All meetings of both the Council and the committees shall be open to the public and due notice thereof given. Records shall be kept of all voting by each Councillor and committee member. Publicity shall be given to the minutes of all meetings of the Council and committees, and the official records of such meetings shall be open to inspection at all convenient times.

Section 8. COUNCIL POWERS.

   The Council shall have the power to adopt all ordinances, resolutions or other legislation conducive to the welfare of the people of the city and not inconsistent with this Charter, and the Council shall not perform any executive functions except those functions assigned to the Council by this Charter.

Section 9. VACANCIES IN OFFICE.

   (a)   A vacancy in the office of Councillor occurs upon the Councillor's death, disability, recall, resignation, removal or termination of residency in the district represented.

   (b)   If a vacancy occurs in the office of Councillor, the Mayor shall appoint a registered qualified elector of the District to fill the vacancy. Anyone appointed to fill a vacancy shall serve until the next regular election, at which time a person shall be elected to fill the remaining unexpired term, if any.

Section 10. COUNCIL DUTIES.

   The Council shall:

   (a)   Be the judge of the election and qualification of its members;

   (b)   Establish and adopt by ordinance or resolution five-year goals and one-year objectives for the city, which goals and objectives shall be review and revised annually by the Council;

   (c)   Consult with the Mayor, seek advice from appropriate committees, commissions and boards, and hold one or more public hearings before adopting or revising the goals and objectives of the city;

   (d)   Review, approve or amend and approve all budgets of the city and adopt policies, plans, programs and legislation consistent with the goals and objectives established by the Council;

   (e)   Preserve a merit system by ordinance;

   (f)   Hire the personnel necessary to enable the Council to adequately perform its duties;

   (g)   Perform other duties not inconsistent with or as provided in this Charter; and

   (h)   Faithfully execute and comply with all laws, ordinances, regulations and resolutions of the city and all laws of the State of New Mexico and the United States of America which apply to the city.

Section 11. DEFINITIONS.

   Whenever used in this Charter:

   (a)   The word "Commission" means "Council"; "Commissioner" and "District Councillor" mean "Councillor"; "Commissioners" means "Councillors".

   (b)   "Quorum" means a majority of the entire Council, committee or other body involved.

   (c)   The masculine term refers equally to the feminine.

Section 12. OFFICER OR EMPLOYEE OF A COUNTY.

   Effective December 1, 1993, no Councillor shall be an officer or employee of any county of the State of New Mexico while in office, except a person who on October 3, 1989, is both a Councillor and an officer or employee of a county of the State of New Mexico may thereafter hold and be elected to the office of Councillor while so employed.

(Section 12 adopted at Regular Municipal Election, October 3, 1989, as Proposition #7; Article IV amended at Regular Municipal Election, October 3, 1989, as Proposition #2.)

Section 13. TERM LIMITS.

   Effective January 1, 1994, Councillors may not serve more than two elected terms. Councillors who have served more than two terms on that date may remain in office until their term expires.

(Section 13 adopted at Special Municipal Election, January 11, 1994, as Proposition #7. This Section has been declared unconstitutional by the New Mexico Court of Appeals on July 18, 1995. The New Mexico Supreme Court denied certiorari and therefore the New Mexico Court of Appeals decision declaring this section unconstitutional stands.)

ARTICLE V. MAYOR

Section 1. ELECTION OF THE MAYOR.

   The Mayor shall be a registered qualified elector on the date of filing of the declaration of candidacy for the office of Mayor. The Mayor shall be elected by the registered qualified electors of the city.

(Amended at a Special Election held in conjunction with a Regular Municipal Election, October 5, 1999, as Question #9.)

Section 2. MAYOR'S TERM AND SALARY.

   The term of Mayor, unless sooner recalled or removed, shall begin on January 1 following the candidate's election and shall be for four years or until a successor is duly elected and qualified. The Mayor's salary shall be determined by a citizens' independent salary commission.

(Amended at Regular Municipal Election, October 6, 2009. Am. Ord. 2018-034)

Section 3. POWERS; PERFORMANCE; APPOINTMENTS.

   The executive branch of the city government is created. The office of Mayor is created. The Mayor shall control and direct the executive branch. The Mayor is authorized to delegate executive and administrative power within the executive branch. The Mayor shall be the chief executive officer with all executive and administrative powers of the city and the official head of the city for all ceremonial purposes. The Mayor shall devote full time and attention to the performance of the duties of office and shall hold no other paid public or private employment.

Section 4. DUTIES OF THE MAYOR.

   The Mayor shall:

   (a)   Organize the executive branch of the city;

   (b)   Exercise administrative control and supervision over and appoint directors of all city departments, which appointments shall not require the advice or consent of the Council except as provided in (d) of this Section;

   (c)   Be responsible for the administration and protection of the merit system;

   (d)   With the advice and consent of the Council, appoint the Chief Administrative Officer, any deputy administrative officers, the Chief of Police, and the Fire Chief. 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 is filled. 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;

      1.   The Police Chief or Fire Chief may be removed for cause by a vote of two-thirds of the entire membership of the Council.

   (e)   Select and remove the City Attorney only as follows:

      1.   The City Attorney shall be selected and appointed through an open and competitive hiring process conducted by the Mayor with the advice and consent of two-thirds of the entire membership of the Council.

      2.   The City Attorney's appointment shall be for a term that coincides and terminates with the term of the Mayor making the appointment unless sooner removed as provided herein.

      3.   The City Attorney may only be removed from office for cause by the Mayor with the concurrence of two-thirds of the entire membership of the Council after cause has been determined by the Director of the Office of Internal Audit and Investigations.

   (f)   Select and remove the City Clerk only as follows:

      1.   The City Clerk shall be selected and appointed through an open and competitive hiring process conducted by the Mayor with the advice and consent of two-thirds of the entire membership of the Council.

      2.   The City Clerk's appointment shall be for a term that coincides and terminates with the term of the Mayor making the appointment unless sooner removed as provided herein.

      3.   The City Clerk may only be removed from office for cause by the Mayor with the concurrence of two-thirds of the entire membership of the Council after cause has been determined by the Director of the Office of Internal Audit and Investigations.

   (g)   Except as otherwise provided for by ordinance, with the prior advice and final consent of the Council appoint the members of city committees, commissions and boards;

   (h)   Formulate the budgets of the city consistent with the city's goals and objectives, as provided in this Charter;

   (i)   Establish and maintain a procedure for investigation and resolution of citizen complaints;

   (j)   Prepare a written state of the city report annually, within thirty days after final approval of the operating budget of the city, which report shall be filed with the City Clerk, made a part of the permanent records of the city and available to the public;

   (k)   Perform other duties not inconsistent with or as provided in this Charter; and

   (l)   Faithfully execute and comply with all laws, ordinances, regulations and resolutions of the city and all laws of the State of New Mexico and the United States of America which apply to the city.

(Amended at Regular Municipal Election, October 2, 2007. Amended at Regular Municipal Election, October 6, 2009. Amended at Regular Municipal Election, October 6, 2015.)

Section 5. VACANCY IN THE OFFICE OF MAYOR.

   (a)   If the Mayor shall die, resign or terminate residence in the City of Albuquerque during his term of office, or be removed from office, the office of the Mayor shall become vacant.

   (b)   If a regular election will occur within one year of the date on which the vacancy occurs, the President of the Council shall serve as Mayor Pro Tem until a successor is elected and qualified. If the President of the Council shall decline to serve, the Council shall select from among its membership the person to serve as Mayor Pro Tem until a successor is elected and qualified. If the President of the Council or any Councillor becomes Mayor Pro Tem pursuant to this Section, the Mayor Pro Tem shall cease to be a Councillor during the term as Mayor Pro Tem and the seat on the Council shall become vacant. The Mayor Pro Tem shall receive the same salary on a pro-rata basis as that provided for the former Mayor.

   (c)   A vacancy in the office of Mayor which occurs more than one year prior to the next regular election shall be filled for the remainder of the unexpired term by a special election. During the interim between the date the office is vacated and the date of the special election, the Mayor's position shall be filled by a Mayor Pro Tem determined by the same procedure specified in Subparagraph (b) above. However, in this event, the Mayor Pro Tem shall temporarily cease to be a Councillor during the term as Mayor Pro Tem and the seat on the Council shall remain vacant until reassumed. Likewise, in this event the Mayor Pro Tem is exempt from the provision of Section 3 above that the Mayor shall hold no other paid public or private employment. During the interval the Mayor Pro Tem serves pursuant to this Subparagraph, the Mayor Pro Tem shall receive a pro-rata salary based on the same salary that the former Mayor was receiving and shall receive no salary as a member of the Council.

(Article V amended at Regular Municipal Election, October 3, 1989, as part of Proposition #4.)

ARTICLE VI. CHARTER AMENDMENTS

Section 1. [PROCEDURE].

   Amendments to this Charter may be proposed by the Council or by Petition.