About the Unification Charter

The following is a summary of the Charter for unifying City and County governments that was rejected by the voters in a November 2003 election. The summary was prepared by the League of Women Voters for the Voters' Guide.

We the people of Bernalillo County and the City of Albuquerque in order to attain greater local self-determination; to attain ethical, responsible and efficient unified government; to promote and protect equal civil and political rights to all; to preserve and foster our cultural and historical diversity; and to protect and enrich our variety of lifestyles with fair and effective tax and fiscal policies, do ordain and establish this Charter to assure economic, environmental and cultural prosperity throughout our community.

The name would be Albuquerque-Bernalillo County and the boundaries would be the same as those of the current Bernalillo County . Albuquerque-Bernalillo County will have all of the powers necessary for a single urban government including the powers of an urban county and a municipal corporation. The constitutional amendment provides that other municipalities within Bernalillo County with populations of less than ten thousand may continue as separate municipalities within the County or may vote to become part of the single urban government.

An eleven-member commission, nominated and elected on a partisan basis by district, would serve as the governing body replacing the existing nine-member City Council and five-member County Commission . Each district would represent about 50,000 people, with the number of commissioners increasing over time with population growth to a maximum of fifteen.

The duties and powers of the commission include the power to propose and adopt all ordinances, resolutions and other legislation, the power to confirm or deny the mayor's appointment of manager and confirm or deny the manager's candidates for department directors. The commission is granted the power to confirm members of advisory committees, commissions and boards submitted by the mayor. The commission has the joint power with the mayor to appoint and remove the positions of county attorney, county auditor and to appoint or remove members of policy, regulatory and quasi-judicial committees, commissions and boards. The commission has the power to approve all budgets and annual appropriations and to override the mayor's veto by 2/3 majority.

The members of the commission would serve for staggered terms of four years with term limits of two terms pursuant to the New Mexico State Constitution. The commissioner's initial salary would be $28,000. Presently, Bernalillo County Commissioners earn approximately $25,712.

The entire city and county would elect the mayor at large. The mayor would be the official full-time head of government and would serve as the Presiding Officer of the governing body, the Commission. Further duties of the mayor include casting votes to break or make a tie, presenting the budget, introducing legislation and line item veto authority for budget and appropriation bills. The mayor would represent the County on regional intergovernmental bodies.

The first mayor would be elected in 2005. After an initial term of five years, the mayor's term would be for four years with term limits of two terms pursuant to the New Mexico State Constitution . The mayor's initial salary would be $112,000. Presently, the Mayor of Albuquerque earns approximately $90,313.

The mayor would select a professional manager through an open competitive process, subject to confirmation by two-thirds of the commission. The manager would be hired solely on the basis of education and experience through an open, competitive process as established by ordinance. The manager would serve for a contract period of two years. The manager would oversee day-to-day operations of the government, prepare the budget, administer and protect the employee merit system and ensure the policies of the governing body are carried out.

The manager would select department directors through an open competitive process with Commission confirmation. The manager may fire department directors without Commission approval.

The current duties of the assessor, clerk, sheriff, and treasurer would be assigned to personnel appointed by the manager through an open competitive process . The Commission would establish oversight committees for the assessor, clerk, public safety, and treasurer to provide guidance to those officials and act as a community liaison.

The Commission will establish an Elections Bureau to manage voter registration, elections, canvassing and all other matters pertaining to County elections.

The Chief of Police will be the chief law enforcement officer responsible for duties formerly assigned to an elected sheriff. The Commission will establish a Citizens Advisory Committee for public safety.

All elected official would serve for four-year terms. There would be partisan elections, pursuant to the New Mexico Election Code, including primaries to narrow the field of candidates.

The charter establishes campaign spending and contribution limits equal to a commissioners' annual salary or twice the mayor's annual salary. Individual contributions to a candidate could not exceed 3% of the annual salary for the position. Within two years of the charter's operative date, the voters will be given the opportunity to decide on public campaign financing.

The commission is granted the authority to create or eliminate special districts and authorities to meet specific service needs or to safeguard the property of the residents of the county.

Existing general obligation bonds would be paid off through tax revenues collected by the governmental entity that issued the bonds; i.e., only residents within the current City limits would be responsible for debts incurred by the City prior to unification. Existing property taxes would remain the same until and unless changed by the commission. The voters must approve new taxes other than those authorized by general law.

The charter requires that the new government establish goals and objectives to guide its operating budget and capital program, and gives the mayor the lead role in developing goals and objectives through active public participation. The budget must contain performance measurements to provide accountability for fiscal results and delivery of services. The operating budget and the capital program are to be prepared and adopted biennially in alternate years.

The charter mandates a Comprehensive Plan and a comprehensive water use plan. There must be public participation in the development of plans. The Albuquerque-Bernalillo County Comprehensive Plan, adopted lower ranking plans, and zoning codes and other ordinances and regulations for the city and unincorporated areas of the county would remain in effect until changed by the commission. The Comprehensive Plan would guide lower ranking plans and ensure that rational development respects human, economic and environmental needs and recognizes the history and cultural diversity of rural, urban, community land grants, acequia associations, traditional and Native American communities. The charter recognizes innovative techniques to complement conventional zoning, including formation of rural planning districts and an agricultural preservation ordinance.

A merit system would be established to provide that employment or promotion of all employees be made solely on the basis of merit. All employees of the former city and county governments would become employees of the unified government.

The commission and the mayor would be prohibited from becoming involved in the hiring, promotion, demotion or discharge of any county employees, except where the charter specifically requires their action.

County employees would be prohibited from holding an elective office of the State of New Mexico unless they held the office at the effective date of the charter.

The commission would adopt a collective bargaining ordinance recognizing the right of the county's employees to organize and bargain collectively through their representatives.

An ethics code would be established that includes penalties for violations of its provisions, provides for disclosure of substantial financial interests held by officials or employees, disclosure of political contributions and expenditures from individuals, political action committees and lobbyists on election and legislative issues and prohibits actions by any elective or appointive officer or employee which create conflicts of interest. The ethics board would be made up of seven county residents. An ethics board would have the power to conduct investigations on its own initiative or by complaint from officials or citizens, subpoena witnesses, take testimony, impose fines and issue binding declaratory opinions.

Every elective officer, during their term of office, will file quarterly campaign finance disclosure statements setting out all contributions and expenditures in connection with any campaign or pre-campaign activity for any elected office.

This article provides for the procedures of legislation including style, adoption, approvals, and publication requirements. The process and the mayor's powers to override and line item veto appropriation measures is set forth in detail in Article 3.

This article defines the process for amending the charter. Amendments to the charter may be initiated by an ordinance that is adopted by two-thirds of the commission and then submitted to and passed by the voters. Amendments can also be initiated by a petition signed by at least ten percent of the registered voters and passed by a majority of the voters at the next General Election.

The commission is mandated to protect, preserve and promote human rights and prohibit discrimination based on race, color, religion, national origin, age, sex, sexual orientation, gender identity, physical or mental disability or other categories required by law.

The commission is mandated to preserve and protect the environmental features of the county including the air, water and other natural features, to ensure the proper environmental use and development of the land and to promote and maintain the distinctive urban and rural communities within the county.

Article 11. Transition

A seven-member transition commission consisting of three county commissioners, three city councilors and the Mayor of Albuquerque would oversee the transition of the unified government until January 1, 2006 . The mayor would preside over the transition commission and would cast votes only to make or break a tie. During the transition period, the current city and county governments would continue to operate under their existing laws and charters. Both governing bodies would continue to adopt legislation, except budget, bonds and other financial obligation bills. The transition commission must approve this category of legislation. The transition commission would have authority to review and approve city and county budgets and prepare and adopt plans and schedules for the unification of departments, boards and commissions.

The Bernalillo County Commission and Albuquerque City Council will meet together as a single body to prepare and adopt the initial district plan for eleven districts by December 31, 2004 . The districts must comply with the Federal Voting Rights Act of 1965 and be drawn to adhere to existing precincts and respect neighborhood and community boundaries.

The terms of three (3) Bernalillo County Commissioners whose terms expire on December 31, 2004 , would be extended to December 31, 2005 .

The new mayor and eleven-member commission will take office on January 1, 2006 . There will be a special primary and general election in 2005 to elect the initial eleven commissioners and the first mayor. The staggering of commissioner initial terms of office for three or five years will be determined by lottery. The mayor will be elected to an initial five-year term. Thereafter, the mayor and commissioners will be elected to four-year terms.

As required by the constitutional amendment, the charter provides for the transition of existing elected governing body officials by making them at-large commissioners after the new government is in place. Unless elected as part of the new commission, the two Bernalillo County Commissioners whose terms expire on December 31, 2006 , and the four City Councillors whose terms expire on November 30, 2007 , will fill positions of commissioners at-large until the end of their terms.

All employees of the former governments will become employees of the new government, retaining existing wages, benefits, collective bargaining agreements and conditions of employment. Elimination of the duplication of functions will be addressed through attrition, reassignment, reorganization, or through the budgetary process. The manager must submit a comprehensive classification and compensation plan for an employee merit system within five years of the adoption of the charter.

The charter would become effective upon adoption by the voters. Starting on January 1, 2006 , the new commission and mayor would take over.