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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.)
(a) Notice of intent to circulate a petition proposing any amendment to this Charter must be signed by five qualified voters and filed with the City Clerk;
(b) Concurrently with the filing of the notice of intent, the proposed amendment shall be filed with the City Clerk;
(c) The number of qualified voters required to sign the petition shall be a number more than 20% of the average number of voters who voted at the four regular municipal elections prior to filing the notice of intent;
(d) Before any signatures are affixed thereon, the form of such petition must be reviewed by the City Attorney and approved by the City Clerk as provided by law, and the date of filing the notice of intent shown thereon;
(e) The petition, and any part thereof, must be filed with the City Clerk within sixty days after the date of filing the notice of intent.
(Amended at a Special Election held in conjunction with a Regular Municipal Election, October 5, 1999, as Question #2.)
(a) An amendment to the Charter proposed by the Council must be approved by a vote of a majority of all Councillors plus one;
(b) The Council shall hold at least two public hearings prior to its vote on the proposed Charter amendment. The Council may revise the proposed amendment as a result of suggestions and recommendations made at the first public hearing, but if such a revision is made at the second of the two public hearings, the Council shall hold a third public hearing on the proposed Charter amendment. Any revisions made shall be posted along with the notice of the next meeting after a review by the City Attorney to ensure the summary is still accurate after the revision.
At such election the ballot shall contain a summary, title and the complete text of the proposed amendment and below the same the phrases "For the Above Amendment" and "Against the Above Amendment" followed by spaces for marking with a cross or a check the phrase desired. The summary of a proposed amendment to the Charter may differ from its title and shall be a clear, concise statement describing the substance of the proposed amendment without argument or prejudice. The City Attorney must review the form of the summary to determine that the summary accurately reflects the text of the proposed amendment.
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