Frequently Asked Questions
About the City/County Unification
From the Unification Charter Commission Website at: http://www.abcucc.net
Q: What is a "Charter"?
A: A charter is a document that grants specified rights, powers, privileges, or functions from the sovereign power of a state to an individual, corporation, city, or other unit of local organization. In our case, the New Mexico Constitution now provides that City and County residents may adopt a charter for a unified local government. The charter will provide for the form of government and distribution of legislative and executive powers.
Q: Who writes the Charter?
A: The Unification Charter Commission (UCC), a group of citizens appointed last November, has the responsibility of writing a new charter for a new local government. The UCC includes five members appointed by the City of Albuquerque and five by Bernalillo County representing both rural and urban areas, with an eleventh member chair elected by the other ten commissioners. The Commission members include university professors, attorneys including a tax attorney, retired city and county employees, the director of a community non-profit agency, consultants and businesspeople. The members think and act independently, considering what they believe is the best solution for the entire community.
Q: What is "Unification"?
A: Unification or "consolidation" refers to the process of combining two or more governments into one. This has been occurring across the county. Approximately 37 counties and cities have merged.
Q: Why is there interest in this?
A: Nationally, the desire to achieve greater efficiencies in service provision, the need to protect or improve local tax bases, and demands for increased responsiveness and accountability of local governments have led to unification. Here in Bernalillo County the interest in combining the two governments goes back to 1949 when the State Constitution was first amended to allow combined city-county corporations.
The City and County now operate under dozens of joint powers agreements intended to formalize shared responsibility and decrease duplication. Passage of a State Constitutional Amendment in 2000 gave City and County residents the option of adopting a charter that would eliminate one layer of government.
Q. How did the process for drafting a Charter for a new unified government come about and why is it being done at this time?
A. In November 7, 2000 General Election, the voters of New Mexico passed a Constitutional Amendment granting the people of Bernalillo County and the City of Albuquerque the right to create a single unified government for the two jurisdictions. The amendment, which passed in Bernalillo County with 55% of the vote, detailed the process and timeline to be followed to achieve this end:
1) The amendment stipulated that by January 1, 2003, a charter commission, composed of 11 members, was to be appointed to draft a proposed charter. Five members were to be appointed by the County Commission, five members by the City of Albuquerque. Accordingly, the Unification Charter Commission (UCC) was duly appointed in November 2002.
2) The amendment further stipulated that within one year of that date, the proposed charter was to be submitted to the voters of Bernalillo County for their approval or rejection. State law requires that a resolution setting a date for such an election must be adopted 90 days prior to it. Thus, the UCC must complete its work on the proposed new charter by mid September, 2003 to meet this deadline. The UCC has adopted a workplan and timeline designed to accomplish its charge by this date.
Q. What if the voters of Bernalillo County reject the proposed new charter?
A. The Constitutional Amendment stipulates that if the proposed charter is not adopted by a majority of the voters, then another Charter Commission must be appointed, another charter drafted, and another election be held within twelve months. And if this second charter is not adopted by the voters at the subsequent election, then after two years have elapsed another charter commission can be appointed to draft another proposed charter.
Q: What will happen to the existing City and County governments if a charter is adopted?
A: The Charter will establish a new government and provide for a transition from the old governments to the new. The services provided by each entity will continue to be provided by the new government. The transition wording developed for the charter will address the effective date of the charter and such matters as remaining terms of elected officials and enforcement of differing regulations and laws.
Q: What will unification do to my services?
A: City and County staff do not anticipate any service disruption or immediate impacts on service delivery from the unification. During the transition period the aim will be to combine administrative and material resources of departments delivering similar services. The new governing body may change policies and procedures in order to realize greater efficiencies or respond to changing conditions and public priorities.
Q: What about water and sewer services in the valley areas? Will it slow or speed construction of new systems?
A: Federal and State funding for construction of utility services in valley areas is unlikely to be reduced as a result of unification. Construction priorities in valley areas have been established within the Valley Utilities Project and will not change in the short term. Representatives elected to the new government may review, reaffirm or change the policies governing these and other services.
Q: What will the charter and unification do to my taxes? Will I be taxed for services I don't receive?
A: Tax assessment and collection processes and mechanisms will continue unchanged by the Charter itself. The newly elected body will have the same taxing powers as the current elected bodies; the Council and Commission. The Charter may contain language addressing different tax rates for different areas. For example, the government of Lexington-Fayette created separate tax districts for the previously unincorporated areas so that residents were not taxed for urban services they didn't receive. Similarly, this Charter may designate districts within which owners are taxed at differing rates.
Q: What will happen to County regulations in the unincorporated areas? Will we have to follow City law if we unify governments?
A: No. All ordinances and resolutions will continue in force and effect until and unless changed by the new government.
Q: Will unification cause urbanization? What will become of rural lifestyles in the unincorporated area?
A: There are multiple forces of change that result in "urbanization"- some of which are not within the control of local government. Unification will not have a direct or immediate impact on those forces and growth projections for the region will not vary based on unification.
The degree and manner of the unified government's control over economic and construction growth will depend, as it does today, on the power provided to local government by the State and on the elected officials of the government. The unified government will have the power to direct change through comprehensive plans, area plans, neighborhood plans and policies related to water, sewer, transportation and other systems and services.
Q: Will the unified government save money?
A: It is likely that in the short term there will be additional government costs associated with the transition to a new government such as salary-equalization and new uniforms. However, experience of other communities suggest longer term efficiencies. Athens-Clarke County Georgia, for example, found that expenditures of the combined government during an eight year period following unification were lower than those of three unconsolidated governments in Georgia.
Q: How can I get more information about the Charter?
A: The UCC website - http://www.abcucc.net - provides materials related to the Charter including the meetings and forums scheduled, the research and presentation materials, the Charter workplan/outline and an online forum for your comments and e-mail to commissioners. Meetings are also publicized through TV, radio and newspapers.
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
