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(A) The Clerk with the assistance of the City Attorney shall adopt rules to insure effective administration of the Open and Ethical Elections Code.
(B) The rules shall include procedures for:
(1) qualifications, certification and disbursement of revenues and return of unspent Fund revenues;
(2) obtaining Qualifying Contributions;
(3) certification of a candidate’s participation;
(4) collection of revenues; and
(5) return of Fund disbursements and other money to the Fund.
(C) The Clerk shall provide the public with educational materials relating to the provisions of the Open and Ethical Elections Code.
(Am. Ord. 2020-019; Am. Ord. 2022-042)
The procedure for challenging a decision of the Clerk to grant, deny, or revoke a Candidate's certification as a Participating Candidate is as follows:
(A) A Person aggrieved by the Clerk's decision may appeal to the Clerk within three days of the decision. The appeal shall be in writing and shall set forth the reasons for appeal;
(B) Within five days after an appeal is properly made, and after due notice is given to the parties in dispute, the City Hearing Officer shall hold a hearing whereby:
(1) the appellant has the burden of providing evidence to demonstrate that the Clerk's decision was improper; and
(2) the City Hearing Officer shall rule on the appeal within three days after the completion of the hearing;
(C) the parties in dispute may appeal the decision of the City Hearing Officer to the Board of Ethics and then to district court as provided by law; and
(D) Participating Candidates whose certification of participation is revoked on appeal may be required to return to the Clerk up to all money distributed from the Fund. If the City Hearing Officer or court finds that an appeal was made frivolously or to cause delay or hardship, the City Hearing Officer or court may sanction the moving party by requiring the party to pay the attorney's fees and administrative and/or court costs of the opposing parties.
(E) For the purposes of this section, “parties in dispute” includes the City.
(Amended by Ordinance No. 2019-019; Am. Ord. 2020-019; Am. Ord. 2022-042)
(Amended at Regular Municipal Election, October 6, 2009. Amended at Regular Municipal Election, November 5, 2019.)
(Article XVI adopted at Regular Municipal Election, October 4, 2005) (Am. Ord. 2020-019; Am. Ord. 2022-042)
The Open and Ethical Elections Code may be amended without requiring compliance with Article VI of this Charter by ordinance adopted by a majority plus two of the entire membership of the Council voting in favor of such amendment or amendments, and said ordinance being otherwise governed by Article XI of this Charter.
(Section 22 adopted at Regular Municipal Election, November 5, 2019) (Am. Ord. 2020-019; Am. Ord. 2022-042)
The Council is the city's ultimate planning and zoning authority, including the adoption and interpretation of the Comprehensive Plan and the Capital Improvement Plan. The Council is also the city's ultimate authority with respect to interpretation of adopted plans, ordinances, and individual cases.
A Citizens' Independent Salary Commission is created with the authority to set the salaries of the Mayor and Councillors. The Commission has the authority to evaluate the annual salaries and determine whether they should be increased or decreased. The Commission has authority to consider all factors relevant to the salaries.
(a) The Commission shall consist of five members selected by the Accountability in Government Committee. All members shall be residents of the City of Albuquerque and shall not be an officer, official or employee of the city or an immediate family member of the same. The term of each member shall be for four years, unless a member is selected to fill a vacancy, and no member shall be appointed to more than two terms. The initial terms of members of the newly established Commission shall be staggered; the initial term for two members shall be two years and the initial term of three members shall be four years.
(b) At least one year prior to each regular municipal election, the Commission shall review the salaries paid by the city to the Mayor and Councillors. If after such review the Commission determines that the salary should be increased or decreased, the Commission shall file a written salary schedule with the City Clerk indicating the proposed salary.
(c) Changes to the salaries shall not be effective for the incumbent Mayor and Councillors, but shall be effective at the beginning of the next term.
(d) Any change to salaries recommended by the Commission shall be subject to the referendum procedures as provided for in Article III, Section 2 of this Charter.
(e) All meetings of the Commission shall be open to the public and subject to the Open Meetings Act, Sections 10-15-1 et seq. NMSA 1978.
(Article XVIII adopted at Regular Municipal Election, October 6, 2009.)
A procedure for resolving disputes between the executive and legislative branches of government with respect to their respective duties and obligations under the City Charter shall be established by ordinance adopted by the Council after consultation with the Mayor. The ordinance shall establish a conference committee for the determination of the role of the City Council and the Mayor under the Charter. The committee shall be limited to making determinations on issues raised by either the Mayor or the City Council. The City Attorney shall not participate as either an advocate before or advisor to the committee. The committee shall be comprised of three members. The Mayor shall appoint one member and the Council shall appoint one member. The two members so appointed shall select the third member to serve as the chairperson of the committee. The appointment of a committee member by one appointing authority shall not be approved or disapproved by the other appointing authority.
(Article XIX adopted at Regular Municipal Election, October 6, 2009.)
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