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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.
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.)
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.)
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.)
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)
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.
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.)
(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.)
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