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  • Albuquerque City Charter

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    Albuquerque City Charter

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    Albuquerque City Charter

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    © All Rights Reserved
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    Signaler comme contenu inapproprié
    143 vues90 pages

    Albuquerque City Charter

    Transféré par

    Burque Media
    Albuquerque City Charter

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme PDF ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 90
    Albuquerque Code of Ordinances CHARTER OF THE CITY OF ALBUQUERQUE CHARTER OF THE cota Mele eae atolls CHARTER TABLE OF CONTENTS Section Preamble Article I. Incorporation and powers Article I. Elections (Charter elestion laws lection dates Reference to state law Qualifications for mayor and councillors Designation of candidates Definition Forty percent minimum vote Runoff elections Article IH, Recalt Elections, Referenda and Direct Legistation Recall 2 Referendum 3 Direct legislation by voter initiative Article 17, Councit 1 ‘Authority and membership of the couneil Council districts District boundary revisions Terms of office ‘Council organization ‘Compensation of the counei ‘American Legal Publishing Corporation 1 Albuquerque Code of 0 7 Meetings ofthe council 8 Council powers 9 Vacancies in oftice 10 Council duties n Definitions R Officer or employee of @ county B Ter limits Article V. Mayor Powers; performance; appointments Duties ofthe mayor ‘Vacancy in the office of mayor Article VI. Charter Amendments [Procedure] [Petition process {Council process fr antics other than XM and XT] {Blestion} (Ballo) {Vote} [Authority of city clerk to correct) Article VIL. The Operating Budget and the Capital Improvement Program {Mayor to formulate) {Council eprsentative to participate] {Proposal and approval dae] {Public hearings} {Failure of council to approve] [Procedure ordinance] Article VILL [Human Rights} Article IX. [Environmental Protection] 1 Maintenance ofthe merit system 2 Involvement in personnel maters American Legal Publishing Corporation Albuquerque Code of Ordinances ual positions Article XI. Ordinances Syyle ‘Adoption “Mayor's approval or disapproval; overriée veto ‘Money appropriations Time limits Authentication; publication; effective date; codification Public vote on performing arts center Article XII, Code of Ethics Declaration of policy Definitions Board of ethics and campaign practices Conflict of interest Disclosure Use of publie property Misuse of city employees in campaigns Enforcement; violation; penalty; automatic fines; removal from office; appeal Investigation [Non-waiver of penalties Regulations Amendments Article XI. Election Code Declaration of policy Definitions Disclosure with declaration of candidacy ‘Campaign financing Campaign materials ‘Measure finance committees Familiarity with election code and rules and regulations Preservation of records Roles and regulations, assistance; campaign and election auditor] Enforcement Non-waiver of penalties ‘Amendments Representative inspections American Legal Publishing Corporation Albuquerque Code of Ordinances 14 (Photo voter identification requied) Article XIV. Severability 1 No impairment fom partial invalidity ArticteX Competitive Bidding for Electrical Franchises Article XVI Open and Ethical Elections Code 1 (Title) 2 Legislative intent 3 Definitions 4 ‘Terms of participation - declaration of intent 5 (Qualifying contributions 6 Seed money-in-kind contributions 7 Certification of participation 8 Guidelines and restrictions for contributions to and expenditures of participating candidates 9 Candidate reporting requirements 10 und creation - fund use 1 Determination of fund amount 2 ‘Timing and amount of find distribution B Independent expenditure disclosure requirements 14 ‘Adjustments to fund distribution 15 Run-off elections 16 Matching funds - opposing funds ” ‘Communication of participation status to voters 18 Adjustments for inflation and population growth 19 ‘Administration - Clerk ~ duties 20 Appeals 21 Penalties - enforcement Article XVIL, [Planning] Article XVIIL, Citizens’ Independent Salary Commission Ariicle XIX. [Determination of Separation of Powers Issues under the Charter} Append A: Nine Council Districts Identified According to Bernalillo County Precincts, June 2001 American Legal Publishing Corporation 4 Albuquerque Code of Ordinances Historical Postscript CHARTER OF THE CITY OF ALBUQUERQUE / PREAMBLE PREAMBLE We, the people ofthe City of Albuquerque, under the law of the State of New Mexico, do ordain and establish this form of govemment forthe City of Albuquerque, New Mexico. (Adopted at Special Eestion, Jone 29, 1971) CHARTER OF THE CITY OF ALBUQUERQUE / ARTICLE I. INCORPORATION AND POWERS ARTICLE INCORPORATION AND POWERS ‘The municipal corporation now existing and known asthe City of ATbuquerque shall remain and continue to be a body corporate and may exercise all legislative powers and perform all functions not expressly denied by general law or charter. Unless otherwise provided in this Charter, the power of the city to legislate is permissive and not mandatory. Ifthe city doesnot legislate, it may nevertheless act inthe manner provided by law. The purpose ofthis Charteris to provide for maximum local self goverament. A liberal construction shall be given tothe powers granted by this Charter. (Adopted at Special Election, June 29, 1971) CHARTER OF THE CITY OF ALBUQUERQUE / ARTICLE Il. ELECTIONS ARTICLE Il. ELECTIONS (CHARTER OF THE CITY OF ALBUQUERQUE / ARTICLE IL. ELECTIONS / Section 1, CHARTER ELECTION LAWS. American Legal Publishing Corporation 5 Albuquerque Code of Ordinances Section 1. CHARTER ELECTION LAWS. Antcle Il, Flections, Article XI, Flection Code, and Article XVI, Open and Ethical Elections Code, all gover elections in ATbuquerque. Artile II sets forth candidate qualifications, governing law, and the non-partisan election process. Article XII establishes campaign reporting requirements, contribution limitations, and the regulation of eampaign practices by the Board of Ethics. Article XVI allows candidates to run for office with public financing. Candidates may choose to run fr office with either public financing or private financing. Whether publicly or privately financed, a candidate must meet the Section 4 qualification requirement of petition signatures, (Adopted at Regular Municipal Election, October 6, 2009.) CHARTER OF THE CITY OF ALBUQUERQUE / ARTICLE Il. ELECTIONS / Section 2, ELECTION DATES. Section 2, 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 atthe regular municipal eletion 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 lection day may be st by election resolution on an alternate date when the first Tuesday after the first Monday in October falls on a recognized holiday ora recognized religious holiday or eve. (Amended at Regular Municipal Election, October 2, 2007) CHARTER OF THE CITY OF ALBUQUERQUE / ARTICLE Il. ELECTIONS / Section 3. REFERENCE TO STATE LAW. Section 3, REFERENCE TO STATE LAW. (2) The Municipal Election Code, Chapter 3, Amticles 8 and 9, NMSA 1978, as amended and as supplemented ftom time to time, shall govern the conduct of all aspects of ‘municipal elections, except where inconsistent with the tems ofthis Charter, in which event this, American Legal Publishing Corporation 6 Albuquerque Code of Ordinances CChaster shall contol (©) _Anyordinane adopted subsequent to he effective dat ofthis Setion bya majority ofthe entre membership of the Coun plas two adonal members thereof ving in favorof such orinance, and sid ordinance being aherwise governed by Arle XI ofthis Charter, which ordinance expressly provides that ts to tke precedence over the Municipal letion Code, shal tke precedence over sich Code except where sch ordinance i inconsistent ‘vith the fem o his Charter in which event his Charter shall onto (CHARTER OF THE CITY OF ALBUQUERQUE / ARTICLE II. ELECTIONS / Section 4. QUALIFICATIONS FOR MAYOR AND COUNCILLORS. Section 4. QUALIFICATIONS FOR MAYOR AND COUNCILLORS. Persons desiring to become candidates for Mayor shal, before being placed on the ballot, file with the City Clerk petition containing signatures of three thousaud (3,000) registered city voters. Persons desiring to become candidates for District Councillor shall, before being placed ‘01 the ballot, fle with the City Clerk petition containing signatures of five hundred (500) registered voters residing inthe district which the person desires to represent. (Amended ata Special lection held in conjunction with @ Regular Municipal Hietion, October 5, 1999, as Question #3. Amended at a Regular Municipal Bletion, October 6, 2009.) CHARTER OF THE CITY OF ALBUQUERQUE / ARTICLE Il. ELECTIONS / Section 5. DESIGNATION OF CANDIDATES. Section 5. DES! GNATION OF CANDIDATES. The ballots shal be printed by the city and shall contain the names ofthe candidates without party or other designation. In city elections paper ballots may be used exclusively if ound more expedient or desir- able. Where voting machines are used, any references to ballots will apply equally to voting machines CHARTER OF THE CITY OF ALBUQUERQUE / ARTICLE Il. ELECTIONS / Section 6, DEFINITION. Section 6, DEFINITION. ‘American Legal Publishing Corporation 7 Albuquerque Code of Ordinances “The teem “elector” or “votee” when used inthis Charter means a person who is a resident of the city and who is entitled to vote for candidates for muniipal office in 2 municipal election under the Constitution and statutes of New Mexico as amended and supple- mented from time 10 ‘time and who is registered pursuant to the applicable statutes of New Mexico as amended and supplemented from time to time or who is registered pursuant to any ordinance ofthe Couneil which expressly provides that tis to take precedence over such statutes and which is enacted alter the effective date of this Section, CHARTER OF THE CITY OF ALBUQUERQUE / ARTICLE Il. ELECTIONS /Seetion 7. FORTY PERCENT MINIMUM VOTE. Section 7. FORTY PERCENT MINIMUM VOTE. ‘Those persons who are candidates for Mayor or Councillor and receive the largest ‘number of votes cas for the office in question are elected, provided the sumber of votes equals ‘of exceeds 40% ofthe total number of votes cast forthe affice (See note at end of Anice Il, Section 7.) (CHARTER OF THE. CITY OF ALBUQUERQUE / ART 8, RUNOFF ELECTIONS. TONS / Section ‘Section 8, RUNOFF ELECTIONS. (@) Ifo candidate receives 40% of the votes east forthe particular office in question, a runoff eleotion shall be held within forty-five days after certfiation of the results of the lection in question asnow provided by law and es amended and supplemented from time to ime. Unless otherwise specified in this Charter, the two candidates who receive the highest number of ‘votes cast forthe office in question shall automatically become the candidates atthe eunofl lection and the filing of declarations of candidacy is dispensed with. (©) _ The Council shall by resolution fix the date ofthe mnoff election and specify the ‘offices tobe filled end the names of the candidates therefor. The resolution shall be published ‘once, at leat seven days before the runoff election date. Otherwise, no publications are required {n connection with runoff elections. (©) Only such voting precincts and procedures will be reactivated fora runoff as will be required, ona city- wide basis if officials to be voted on by the entre city electorate are ‘American Legal Publishing Corporation 8 Albuquerque Code of Ordinances involved, otherwise only such District Councillor districts as may be involved. (Article I! amended at Regular Municipal Election, October 3, 1989, as part of Proposition #1.) (The State Constitution was amended to allow the runoff procedure and the 40% minimum vote requirement.) (CHARTER OF THE CITY OF ALBUQUERQUE / ARTICLE IIL RECALL ELECTIONS, REFERENDA AND DIRECT LEGISLATION ARTICLE Ill. RECALL ELECTIONS, REFERENDA AND DIRECT LEGISLATION CHARTER OF THE CITY OF ALBUQUERQUE / ARTICLE IIL. RECALL ELECTIONS, REFERENDA AND DIRECT LEGISLATION /Section 1. RECALL. Section 1. RECALL. (@ __Anyelective officer ofthe city shall be subject to recall election initiated by the following procedure: (1) _ Notice of intent to circulate a petition for recall must be signed by five qualified voters and filed wit the City Clerk, @) A petition for recall eleetion shal cite grounds of misconduct in office or the violation of the oath of office by the official occurring during the current term of office ) The recall petition shall be signed by not less than thirty-three and one third percent of the number of persons who voted in the lat regular municipal election forthe position theofficial was elected, (4) Priorto and asa 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 hearing in state district court in which the proponents ofthe recall and the official sought 1 be recalled are given an opportunity to present evidence (5) The signed petitions must be filed with the City Clerk no more than 60 days after the determination of the district cout. The City Clee shall verify the signatures, American Legal Publishing Corporation 9 Albuquerque Code of Ordinances (6) _ Noclected official shall be the subject of a recall election during the last six months ofthe officials term, (©) The election must be held within ninety days after the last permissible date for filing petitions. (©) _Atsuch election, the ballot shall contain the name of the officer, the position ‘Which the officer holds, and the dates of te beginning and termination ofthe oficial term, Below the name of the officer shall be the wo phrases ‘one below the other. (@ fa majority ofthe ballots and a number equal to a majority of te ballots cast at the election of the officer whose recall is proposed, show a vote for the recall the office in ‘question shal be thenceforth vacant, (©) Ifan 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-clection tothe position from which they have been recalled until the term for which the officer wes originally elected shall have expired. (Vacancies created by a recall election shall be filled inthe same manner as is provided fo te filling of vacancies in the office of Couneillor ar Mayor due to other causes; ‘provided, that i all the Councillors are recalled atone eletion, the City Clerk, or if there be no City Cletk, the Chief Judge of the District Coust of the County of Betnailio, shall within thee

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