Quick Links in this article:
______________________________________________
The Laws that Govern Albuquerque, Bernalillo County, Elected Officials, and Citizens
Just as individual states fall under the laws and requirements established by the United States Federal Government, so too do cities, to state law. Unlike states however, cities are considered to be “creatures of the state” which means that they do not have the same autonomy or self governance that states do relative to the federal government. The State of New Mexico does, however allow cities to have what is called “Home Rule” where the state government agrees to allow the city to have much more autonomy in its own self-governance.
There are two New Mexico state laws which dictate the requirements and legal obligations for cities within the state. The first is the New Mexico State Constitution and the second is the New Mexico Statutes. The Constitution broadly defines what cities and counties are and how they are organized. The New Mexico Statutes are specific laws passed by the state legislature and dictate more specifically how city and county governments are to be organized and behave.
The New Mexico State Constitution
Article X of the Constitution of the State of New Mexico , Adopted January 21, 1911 (which you can view in its entirety here), governs the formation and classification of cities and counties and their officers. The following is a listing of the eleven sections of Article X. You can click on any Section title to view this section of the constitution.
1. Classification of counties; salaries and fees of county officers.
2. Terms of county officers.
3. Removal of county seats.
4. Combined city and county corporations.
5. Incorporated counties.
6. Municipal home rule.
7. Five-member boards of county commissioners.
8. New activity or service mandated by state rule or regulation.
9. Recall of elected county officials.
10. Urban counties.
11. Single urban governments.
Chapters 3 of the Statutory Chapters in New Mexico Statutes Annotated 1978 governs municipalities, while Chapter 4 states the laws and designations for counties. Statutes are much more specific about what cities and counties can and cannot do, and are adopted through the state legislative process. They must be passed by the state legislature and then go to the governor for approval or veto, before they can become official laws. The state statutes cover such issues as: Incorporation and disincorporation of Municipalities, Consolidation of Municipalities, Municipal Elections, Municipal Officers; Qualifications; Compensation; Removal from Office, Powers of Municipalities, and other issues from public planning to hospitals, utilities, water, streets and refuse.
City and County Specific Laws:
Cities and counties also create their own specific laws that govern the officers and members of those specific communities.
Albuquerque's City Charter, which can be viewed in its entirety at: http://www.amlegal.com/albuquerque_nm/ , can be compared to the state constitution in its relationship to the city as the constitution is to state government. The city charter defines the city, the rights and responsibilities of its elected officials and citizens, and defines codes of conduct and organization for city affairs.
Below are all the articles of the city charter of Albuquerque. You can click on any Article heading to link to that portion of the charter.
ARTICLE I. INCORPORATION AND POWERS
ARTICLE II. ELECTIONS
ARTICLE III. RECALL ELECTIONS, REFERENDA AND DIRECT LEGISLATION
ARTICLE IV. COUNCIL
ARTICLE V. MAYOR
ARTICLE VI. CHARTER AMENDMENTS
ARTICLE VII. THE ANNUAL OPERATING BUDGET
ARTICLE VIII. [HUMAN RIGHTS]
ARTICLE IX. [ENVIRONMENTAL PROTECTION]
ARTICLE X. MERIT SYSTEM
ARTICLE XI. ORDINANCES
ARTICLE XII. CODE OF ETHICS
ARTICLE XIII. ELECTION CODE
ARTICLE XIV. SEVERABILITY
ARTICLE XV. COMPETITIVE BIDDINGFOR ELECTRICAL FRANCHISES
The City of Albuquerque Code of Ordinances
The city also has a Code of Ordinances, which can be compared to the State Statues. These laws are created and enacted by the city council with the mayor having the power to veto which of these laws are adopted. These laws are very specific about what the citizens of the city can and cannot do, and what the requirements for all construction and public works are. The Albuquerque Code of Ordinances is much too long to list a table of contents for here. But you can view it in its entirety at: http://www.amlegal.com/albuquerque_nm/
The City of Albuquerque Code of Resolutions:
The city council can also adopt what are called resolutions. They are not so much enforceable laws as they are official opinions or positions of the city. The City of Albuquerque Code of Resolutions can be viwed in its entirety at http://www.amlegal.com/albuquerque_nm/
The County of Bernalillo Code of Ordinances and Resolutions:
The County also has a set of county ordinances, which are like the city code of ordinances, but apply to the entire county. These can be viewed through the county website. Click on this link: http://www.bernco.gov/live/a_z_services.asp and then click on "ordinances" under "o" in the A-Z listing to view them.
Albuquerque Political Structure & History
• Albuquerque's
Government
• Albuquerque's Public Officers
• Laws That Govern Albuquerque
• History of Albuquerque's Neighborhoods
• Public Resources
Bernalillo County
Political Structure
• The
County's Government
• The County's Public Officers
• Laws That Govern Counties
• Public Resources
