REGULAR MUNICIPAL ELECTION 2007

Voter education is vitally important to the responsible exercise of individual citizens’ rights to participate in government.

Thanks to the Albuquerque branch of the League of Women Voters for the concise listing of the five propositions and the short summary of each proposed Charter change on the ballot for October 2, 2007. Their tabular detail on each of the ten bond issues provides some insights as well.

The bold italic comments reflect my personal interpretations and conclusions concerning the propositions. Roger Mickelson

Proposition 1: Election Dates

Proposing to amend Article II, Section 1 of the Albuquerque City Charter to read:

"Section 1. Election Dates
The Councillors representing even-numbered Districts shall be elected by the voters to four-year terms at the regular municipal election held on October 7, 1975. The Mayor and the Councillors representing odd-numbered Districts shall be elected by the voters to four-year terms at the regular municipal election held on October 4, 1977. Thereafter, regular municipal elections shall be held on the first Tuesday after the first Monday in October of odd-numbered years, provided that a regular municipal election day may be set by election resolution on an alternate date when the first Tuesday after the first Monday in October falls on a recognized holiday or a recognized religious holiday or eve."

Summary of Proposition 1

This amendment allows the City Council to set the election date on a day other than the first Tuesday after the first Monday if there is a holiday or religious holiday.

The exception creates some controversy about the separation of church-state versus accommodation of religious voters.

The inclusion of “holiday” prior to “religious holiday” may deflect criticism.

No conclusion reached on this proposition.

Proposition 2: Campaign Contributions

Proposing to amend Article XIII of the City Charter, the election code by adding a new subsection to preclude any candidate for the office of mayor or city council from accepting campaign contributions from any business entity or from any person or organization that has a contract to provide goods or services to the city.

Section 1. City Charter Article XIII, is amended to add a new Subsection 4(f) and renumber subsequent subsections accordingly, which subsection shall read:
"(f) Ban on Contributions from Business Entities and City Contractors. No candidate shall accept a contribution in support of the candidate's campaign from any corporation, limited liability company, firm, partnership, joint stock company or similar business entity or any agent making a contribution on behalf of such a business entity. No candidate shall accept a contribution in support of the candidate's campaign from any person, other than a City employee, who at the time of the contribution is in a contractual relationship with the City to provide goods or services to the City. The remedy for an unknowing violation of this subsection shall be the return of the contribution."

Summary of Proposition 2

This proposition is meant to ban contributions from businesses that are doing business with the city at the time of the contribution. The proposition does not prohibit businesses from forming political action committees or using those PAC's for contributions.

This change appears ethically and morally appropriate to preclude pay-for-play (New Mexico’s political motto).

This would preclude contributions from people or businesses providing even incidental services or supplies (e.g., office materials, janitorial services), limiting individuals’ Constitutional right to act in the political processes.

There are [inadequate, at this point] ethics provisions forbidding acceptance of contributions from candidates’ employers or others that could create a conflict of interest.

It is far too easy to “launder” contributions to evade existing or proposed rules.

The proposed penalty (remedy) “shall be the return of the contribution.” Ain’t that a real slap on the wrist?

Conclusion: Well intended, but restrictive and almost impossible to enforce.

Proposition 3: Appointments

Proposing to amend Article V, Section 4(e) of the city charter to provide that, when provided for by ordinance, members of city committees, commissions and boards may be may be appointed other than by the mayor, and to read:

Section 4. Duties of the Mayor
The Mayor shall:
"(e) 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;"

Summary of Proposition 3

The current city charter reads "The mayor shall with the advice and consent of the council, appoint the members of all committees, commissions and boards."

This proposition would allow the city council, through ordinance, to appoint members to committees, commissions, and boards. Under the current charter only the Mayor has that power of appointment.

Advice and consent by the Council is already in the Charter, although Councilors frequently accuse the Administration of unilaterally appointing volunteer members without consulting with Councilors in advance.

The proposition does not correct this current adversarial situation, and may make it worse.

Council approval of Mayoral appointments (via the consent agenda) is already provided for, and there have been cases where the Council votes a DO NOT PASS on a specific appointment, effectively vetoing the appointment.

If passed, the Council could pass an Ordinance that essentially overrides the Mayor’s appointment authority. This could be a Bill such as, “the Council shall appoint members of the Environmental Planning Commission.”

Conclusion: The Council already has extensive powers, but should leave “running the government” to the Executive. The Mayor should have the exclusive right to appoint, and the Council should retain its authority to “veto” an appointment. It ain’t broke.

Proposition 4: City Council Salaries

Proposing to amend Article IV, Section 6 of the Albuquerque City Charter to read:

"Article IV. Council
Section 6. Compensation of the Council
Councilors shall receive annual salaries equal to that salary listed for county commissioners in Class A counties at Section 4-44-4 NMSA 1978."

Summary of Proposition 4

Currently city councilors make $9,963 a year. Class A county commissioners (Bernalillo County Commissioners) make $29,569. If this charter amendment passes, City Councilors would receive the same salary as Bernalillo County Commissioners.

Commissioners have districts more than twice the size and population of council districts; call it twice the workload to oversimplify the situation.

Councilors used to share staff assistants (one assistant for 2-3 councilors). With a recent change (2006), each Councilor now has a full-time staff assistant.

Each Commissioner and assistant therefore have the workload of two Councilors and two staff assistants.

Councilors (and Commissioners) knew what their salary would be prior to deciding to run for office. Their motivation should be public service.

Conclusion: The Councilors probably deserve an increase in salary, but not of this magnitude.

Proposition 5: Recall

Proposing to amend Article III, Section 1 of the Albuquerque City Charter to read as follows:

"Section 1. Recall

1. Any elective officer of the city shall be subject to a recall election initiated by the following procedures:

a. Notice of intent to circulate a petition for recall must be signed by five qualified voters and filed with the City Clerk.

b. A petition for recall election shall cite grounds of misconduct in office or the violation of the oath of office or the violation of the oath of office by the official occurring during the current term of office.

c. The recall petition shall be signed by not less than 33.3 percent of the number of persons who voted in the last regular municipal election for the position the official was elected.

d. Prior to and as a condition of circulating a petition for recall the factual allegations supporting the grounds of misconduct in office or violation of the oath of office stated in the petition shall be presented to the City Clerk. The petition shall not be circulated unless, after a hearing in state district court in which the proponents of the recall and the official sought to be recalled are given an opportunity to present evidence.

e. The signed petitions much be filed with the City Clerk no more than 60 days after the determination of the district court. The City Clerk shall verify the signatures.

f. No elected official shall be the subject of a recall election during the last six months of the official's term.

2. The election must be held within ninety days after the last permissible date for filing petitions.

3. At such election, the ballot shall contain the name of the officer, the position which the officer holds, and the dates of the beginning and termination of the official term. Below the name of the officer shall be the two phrases "For the Recall" and Against the Recall", one below the other.

4. If a majority of the ballots and a number equal to a majority of the ballots cast at the election of the officer whose recall is proposed, show a vote for the recall, the office in question shall thenceforth be vacant.

5. If an officer is recalled as provided for above, the officer shall not be appointed to fill his or her own unexpired term nor be eligible for re-election to the position from which they have been recalled until the term for which the officer was originally elected shall have expired.

6. Vacancies created by a recall election shall be filled in the same manner as is provided for the filling of vacancies in the office of Councillor or Mayor due to other causes; provided, that if all the Councillors are recalled at one election, the City Clerk, or if there be no City Clerk, the Chief Judge of the District Court of the County of Bernalillo shall within three days call an election to be held in accordance with the provisions specified in this Charter for the election of Councillors at regular elections.

7. When a Councillor is subjected to recall proceedings, only voters registered as residing in the District which the Councillor represents may sign petitions and vote in the recall proceedings."

Summary of Proposition 5

If passed this proposition would change the procedures in the Albuquerque City Charter for recall of elected city officials. The proposition would adopt a procedure consistent with the recall procedure for elected Bernalillo County officials found in the New Mexico Constitution. Prior to a recall petition being circulated the proposition would require a determination of probable cause to find misconduct in office. A recall petition would be required to contain at least thirty three and one-third percent of the votes cast in the last regular municipal election for the position for which recall is sought. A recall election would be prohibited in the last six months of a term. Currently, the Albuquerque City Charter provides that a recall election can be triggered by a recall petition signed by twenty five percent of the number of votes cast in the last election (including a runoff election), can be triggered at any time, and councilors can be recalled for any reason.

There are major policy changes in this proposition, as well as some deletions.

The changes would make it virtually impossible to recall an elected City official (i.e., Mayor, Councilor); the provision that recall is prohibited in the last six months of a term gives elected officials carte blanche to do almost anything, even violating their oaths of office.

Let’s call this the “bullet-proof” Elected Officer Protection Act.

Conclusion: This is at least inappropriate, limiting voters’ rights to hold elected officials responsible for their actions.

Bond Issues in the Regular Election October 2, 2007

The ten bond issues on the ballot provide only aggregate information in general terms (the few lines in quotes for each measure below). Even the League of Women Voters listing of the items included in each measure is limited to major categories in the table under each bond issue.

Each voter can find something to like and something to dislike in each of the ten broad bond issues; each voter will have to come to his or her own conclusions about these measures.

Public Safety Bonds

"Shall the City of Albuquerque issue $12,184,000 of its general obligation bonds to design, develop, study, construct, modernize, automate, renovate, rehabilitate, recondition, landscape, furnish, enhance and otherwise improve, and to acquire land, vehicles, apparatus, and equipment for, police and fire department facilities?"

Fire Station Rehabilitation	$750,000
Fire Apparatus Replacement	$1,000,000
Fire Station 2 Rehabilitation	$858,000
Radio Frequency Infrastructure, Phase II	$1,250,000
Marked Police Vehicles	$3,000,000
Sixth Area Command Headquarters	$5,100,000
Shawn McWethey Sub Station	$5,000
District 7, APD Facilities Renovation / Upgrade	$100,000
1% for Public Art	$121,000
TOTAL	$12,184,000

Senior, Family, Community Center, and Community Enhancement Project Bonds

"Shall the City of Albuquerque issue $14,090,000 of its general obligation bonds to design, develop, construct, demolish, equip, renovate, rehabilitate, expand, repair, study, landscape, streetscape, enhance and otherwise improve, and to acquire land for, City-owned community centers including those for families, youth, senior citizens, and economic development; and for community enhancement projects?"

Renovations, Additions and Security Improvements: Existing FCSD Facilities	$500,000
North Domingo Baca Park Multigenerational Center	$6,300,000
Multi-Generational Community Center - Council District 8	$1,000,000
Thomas Bell Gymnasium	$300,000
Far Northwest Albuquerque Community Center	$500,000
Wesstcorp Incubator	$500,000
Jeanne Bellamah Gymnasium	$1,800,000
New York MRA	$700,000
Senior Center Rehabilitation / Renovation	$750,000
District 1, Community / Senior Center Enhancements	$50,000
District 2, Community / Senior Center Enhancements	$100,000
District 3, Community / Senior Center Enhancements	$300,000
District 6, Community Center Improvements	$100,000
District 9, Community / Senior Center Enhancements	$250,000
Renovation of Downtown Cultural Facility for Teens	$800,000
1% for Public Art	$140,000
TOTAL	$14,090,000

Parks and Recreation Bonds

"Shall the City of Albuquerque issue $37,491,000 of its general obligation bonds to design, develop, construct, rehabilitate, renovate, expand, furnish, landscape, study, protect, enhance and otherwise improve, and to acquire land, vehicles and equipment for, park and recreational facilities, including public parks and facilities within those parks, swimming pools, tennis courts, open space, medians, bikeways, bosque lands, and trails?"

Community Park Development	$3,000,000
Neighborhood Park Development	$1,250,000
Pat Hurley Park	$2,750,000
Park Improvements and Amenities, District 8	$150,000
East Gateway Park (La Luz de Amistad Park)	$1,000,000
Roadrunner Little League Improvements	$50,000
Sandia Vista Park Improvements	$200,000
Ventana Ranch Regional Park	$1,500,000
Dog Park in District 7	$100,000
Vista de Estrella Park	$250,000
Vehicle Set-Aside - DMD Park Design	$300,000
North Domingo Baca Park	$2,750,000
Swimming Pool Facility Development & Renovation	$2,500,000
Park Renovation, Water Conservation, Tree & Amenity Replacement	$2,000,000
Recreation Facility Renovation	$750,000
Shooting Range Park Improvements	$600,000
Tijeras Canyon Open Space Acquisition	$500,000
Open Space Land Acquisition, Fencing, & Protection	$5,500,000
Bosque Restoration & Revitalization	$200,000
Jerry Cline Recreation Center	$1,350,000
Vehicle & Equipment Set Aside - Parks & Recreation Department	$500,000
Petroglyph National Monument Trails Management Plan	$60,000
Balloon Fiesta Land Acquisition	$3,000,000
Therapeutic Pool Feasibility Study	$50,000
Golf Course Equipment & Improvements	$1,000,000
District 1, Park Improvements and Amenities	$420,000
District 2, Park Improvements and Amenities	$400,000
District 3, Park Improvements and Amenities	$200,000
District 4, Park Improvements and Amenities	$1,000,000
District 5, Ventana Ranch Regional Park
District 5, Chamiza Elementary Soccer Field	$300,000
District 6, Park Improvements and Amenities	$365,000
District 6, Shooting Range Park	$25,000
District 7, Park Improvements and Amenities	$450,000
District 8, Park Improvements and Amenities	$500,000
District 9, Park Improvements and Amenities	$500,000
Albuquerque Bicycle Park, Phase II	$1,000,000
1% for Public Art	$371,000
TOTAL	$37,491,000

Energy Conservation, Public Facilities, and System Modernization Bonds

"Shall the City of Albuquerque issue $13,972,000 of its general obligation bonds to equip, improve, acquire, design, survey, develop, construct, rehabilitate, renovate, maintain, expand, furnish, equip, enhance, modernize, make energy-efficient, upgrade, and otherwise improve, and to acquire land, vehicles and equipment for, public buildings, facilities, and systems?"

City Building Improvement & Rehabilitation (DMD)	$600,000
Replacement Vehicles (DMD)	$100,000
New Roofs for City Facilities	$300,000
Security Improvements & Rehabilitation	$100,000
Los Angeles Landfill Remediation	$450,000
Animal Care Service Center Improvements	$5,000,000
Phase II Bio-Disease Management Montessa Park Laboratory Facilities & Rehabilitation	$800,000
Environmental Sustainability Program (EHD)	$300,000
Enterprise Resource Planning (ERP) - Phase 2	$1,000,000
Wireless Network Infrastructure	$170,000
3% for Energy Conservation (F/S O-06-34)	$4,614,000
Albuquerque Geographic Information System	$300,000
Vehicle Replacement: FCSD	$100,000
1% for Public Art	$138,000
TOTAL	$13,972,000

Library Bonds

"Shall the City of Albuquerque issue $3,081,000 of its general obligation bonds to design, develop, construct, reconstruct, renovate, rehabilitate, modernize, preserve, automate, upgrade, landscape and otherwise improve, and to acquire books, media, and equipment for, public libraries?"

Library Materials	$2,000,000
Library Automation	$500,000
Special Collection Library: Renovation / Historic Preservation	$400,000
Library Building Improvement	$100,000
District 5, Taylor Ranch Library	$50,000
1% for Public Art	$31,000
TOTAL	$3,081,000

Street Bonds

"Shall the City of Albuquerque issue $45,193,000 of its general obligation bonds to study, design, develop, construct, reconstruct, rehabilitate, renovate, automate, modernize, sign, enhance, landscape and otherwise improve, and to acquire land and equipment for municipal streets and roads, interstate roadways and interchanges, medians, trails, bikeways, walkways, sidewalks, railroad crossings, and bridges?"

Fourth Street Corridor Improvements	$500,000
West Central MRA Project	$1,000,000
Reconstruction of Lead and Coal Avenues - Council District 6	$2,000,000
Reconstruction of Lead and Coal Avenues	$2,000,000
Reconstruction Major Streets	$1,500,000
Reconstruction Major Intersections	$1,500,000
Advance Trans. Planning & Eng. (Streets)	$300,000
Advance Right-of-Way Acquisition (Streets)	$500,000
Major Paving Rehabilitation	$5,500,000
Intersection Signalization	$1,500,000
Safety & Intersection Improvements	$500,000
Bridge Repair	$500,000
NW Arterial Roadway Improvements	$1,500,000
SW Arterial Roadway Improvements	$1,500,000
Traffic Sign Replacement / Lighted Street Signs / Pavement Markings	$2,500,000
Sidewalk Improvements	$750,000
Street Lighting	$250,000
Public Works Funding (Sts) / LOS Study	$500,000
East - West River Crossing Planning and Location Study	$250,000
Golf Course Road Medians	$1,500,000
Albuquerque Traffic Management System	$400,000
Replace Street Maintenance Heavy Equipment	$500,000
Atrisco Drive, SW	$600,000
Neighborhood Traffic Improvements	$250,000
Median Renovation & Water Conservation	$500,000
Median Landscaping & Interstate Enhancements	$2,975,000
Medians: Wyoming, Paseo del Norte to Burlison	$750,000
Medians: San Mateo, Central to Zuni	$150,000
Medians: Candelaria, San Mateo to Eubank	$750,000
Medians: Central, Tramway to Eubank	$625,000
Medians: Council District 8	$500,000
Medians: Coors, Central to Bridge	$500,000
Barelas Pedestrian and Traffic Calming Improvements	$250,000
Replace / Install Missing Sidewalks - Council District 2	$250,000
86th and Sage Street Improvements	$750,000
72nd and Ladera Landscaping	$150,000
Fortuna Road Improvements	$500,000
Trails and Bikeways	$1,850,000
Pedestrian Improvements, District 6, East Central	$1,000,000
Paseo / I-25 / Jefferson Roadway Improvements	$250,000
12th Street & Menaul Improvements	$390,000
1% for Impact Fee Waivers	$1,570,000
District 1, Street Projects	$525,000
District 2, Street Projects	$500,000
District 3, Landscaping, Sidewalks, Medians	$400,000
District 3, Street Projects	$100,000
District 6, Street Projects	$510,000
District 7, Street Projects	$450,000
District 8, Street Projects	$500,000
District 9, Street Projects	$250,000
1% for Public Art	$448,000
TOTAL	$45,193,000

Public Transportation Bonds

"Shall the City of Albuquerque issue $7,323,000 of its general obligation bonds to design, develop, construct, rehabilitate, renovate, expand, recondition, modernize, automate, study, furnish, enhance and otherwise improve, and to acquire land, vehicles, and equipment for public transportation facilities?"

Revenue Vehicles Replacement / Expansion (Transit)	$2,750,000
West Side Park & Ride Improvements	$1,250,000
West Side Transit Facility	$500,000
Bus Shelter Rehabilitation/Upgrade	$2,000,000
Transit Facility Rehabilitation	$200,000
Maintenance Equipment Upgrade (Transit)	$250,000
Transit Security Equipment Upgrade	$50,000
Nob Hill Parking Structure - Location & Financial Feasibility Study	$100,000
Parking Facilities Rehabilitation & Upgrade	$150,000
1% for Public Art	$73,000
TOTAL	$7,323,000

Storm Sewer System Bonds

"Shall the City of Albuquerque issue $10,403,000 of its general obligation bonds to design, develop, construct, reconstruct, rehabilitate, renovate, expand, enhance, study, monitor and otherwise improve, and to acquire land and equipment for the storm sewer system?"

District 3 Storm Drain Improvements	$4,000,000
NPDES Storm Water Quality	$350,000
Advanced Planning and Engineering (Hydrology)	$300,000
Hotel Circle / Morris North of Lomas	$1,300,000
San Pedro Storm Drain, North Albuquerque Acres	$1,000,000
Coal Storm Drain Rehab. and Extension	$1,100,000
Storm Drainage Rehabilitation	$450,000
Pump Station Rehabilitation	$1,000,000
Kinley, Broadway to Edith	$800,000
1% for Public Art	$103,000
TOTAL	$10,403,000

Zoo, Biological Park, Museum, and Cultural Facility Bonds

"Shall the City of Albuquerque issue $6,136,000 of its general obligation bonds to study, design, develop, construct, reconstruct, rehabilitate, renovate, repair, refurbish, modernize, maintain, expand, enhance and otherwise improve, and to acquire artifacts, exhibits, furnishings and equipment for, the municipal zoo, botanic garden, aquarium, and City-owned museums and cultural facilities?"

Aquarium Expansion, Phase II	$1,800,000
Asian Experience / Tiger Habitat	$1,750,000
Japanese Garden / Sasebo Exhibition	$750,000
Renovation and Repair (BioPark)	$500,000
Tingley Beach, Phase II	$975,000
Albuquerque Museum Development	$200,000
South Broadway Cultural Center	$100,000
1% for Public Art	$61,000
TOTAL	$6,136,000

Affordable Housing Bonds

"Shall the City of Albuquerque issue $10,100,000 of its general obligation bonds in support of the Workforce Housing Act to provide resources towards the construction and rehabilitation of high quality, permanently affordable housing for low to moderate working families, including affordable senior rental?"

Affordable Housing Landbanking	$10,000,000
1% for Public Art	$100,000
TOTAL	$10,100,000