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Tuesday, May 07, 2024

ABQ Council Power Play Develops As Incumbent Mayor Struggles; Plan Would Lower Number Of Votes Needed To Get Elected Mayor Or Councilor; Also Gives Council Power Over Key City Appointments; Voters Would Have To Approve; The News And The Analysis Up Next  

Keller and Lewis

A virulent form of anti-Kellerism has taken hold at the ABQ City Council and has led to sweeping proposals to reduce the power of the Mayor in favor of the nine member body.

Mayor Keller immediately labeled them politically motivated:

Our community expects, and deserves, us to be focused on tackling crime and finding solutions to curb homelessness, not wasting time on distractions that are ultimately political ploys for power. I’m always open to a charter reform task force and community discussion, but over-politicizing police and fire, removing safeguards for patronage and corruption, and ignoring the public’s referendum for ‘majority wins’ elections, is simply out of step with what our city needs.”

Keller's full response is below.

Chief among those proposals is to eliminate the requirement that a Mayor or city councilor be elected by majority vote--50 percent. A bill sponsored by Republican City Councilors Dan Lewis and Renee Grout and Democrat Klarissa Pena would change that to just 40 percent to win election with a run-off election held between the top two vote-getters if no candidate achieved the 40 percent in the initial balloting.

This proposed changes to the City Charter would have to be approved by voters. 

(Full Council news release here.)

When the modern Council/Mayor form of government was adopted in 1974 there was no winning percentage required. The winner was the candidate who got the most votes--plurality or majority. There was no run-off.

That standard has been changed through the decades. Republican Mayor Richard Berry was elected with 44 percent of the vote in 2009 when the 40 percent requirement was in effect in his three way race with Mayor Marty Chavez and Dem Richard Romero. 

The 2017 election where Mayor Tim Keller was elected was held with a required percentage of 50 percent and a run-off election if no contender reached that mark. Keller beat Republican and now city Council President Dan Lewis in a run-off, getting 62 percent of the vote. Keller was re-elected in 2021 by getting 56 percent of the vote in a three way contest.

The proposal comes amid heightened animosity between Keller and the Council which in his second term has taken a more conservative tilt with conservatives--four Republicans and one conservative Dem--often forming a majority on the nine member panel. 

It takes six votes to override a mayoral veto which the Council has for the most part been unable to assemble as progressive Keller has used that weapon more often in the face of Council opposition. 

Councilor Pena from the city's westside is the key Council swing vote. Her sponsorship to lower the threshold to win election to Mayor reflects her desire to have a westside candidate. 

Martin Chavez was the last Hispanic and westside resident to win the top job when he was re-elected in 2005.

Republican Lewis has made no secret that he will be running in the 2025 mayoral election when Keller will be seeking a third four year term. Keller trounced Lewis in the '17 mayoral run-off by 62 to 38 percent.

The city has grown more Democratic this past decade and the only way a Republican can be elected is probably by a non-majority.

The proposed change could bring in more candidates of all political stripes including--City Hall observers say--the possibility that Bernalillo County District Attorney Sam Bregman runs for Mayor--if he defeats Damon Martinez in the June 4 Democratic DA primary. (There is no Republican running in the primary.)

A RETURN TO 40?

ABQ Council
ABQ is already quite polarized and critics warn that returning to a 40 percent benchmark to elect a mayor could further divide the city.

They point to Democrat Jim Baca who was elected in 1997 with a mere 29 percent of the vote in a crowded field of seven which included Sam Bregman who came in fourth. The Baca administration was marked by bitter controversies with the Council which was attributed to the personalities of the time but also Baca's lack of a mandate for his progressive policies. 

Baca was defeated for re-election in 2001 in a four way race. He came in last while Chavez won with 38 percent of the vote. That election had no 40 or 50 percent voter requirement and unlike Baca Chavez went on to win another term in 2005.

The main political meme surrounding Keller is that in spite of his unpopularity, no-one of note is running and no-one will because of the difficulty of the job. But lowering the bar for victory to 40 percent would almost certainly change that dynamic.

Keller, now deep into his second term, has seen his approval ratings dive in the face of unrelenting troubles with the ABQ police department--now engulfed in a officer-involved DWI scandal--in addition to the ongoing crime crisis and dissatisfaction with the leadership of APD Chief Harold Medina. 

The Keller Council critics are striking at a time of weakness and could get the six votes they need to place the mayoral/council election change on the general election ballot this year. Such process changes to the City Charter have been routinely approved by voters unless there is vocal opposition. 


POWER SHARING?

In addition to the election changes, the anti-Keller Council contingent is proposing that the Council share with the Mayor the power to fire the city's Chief Administrative Officer, Police Chief, City Clerk and City Attorney. That power has belonged to the mayor with some appointees requiring the Council to confirm them before they assumed office. The resolution that would be sent to voters if approved by the Council states: 

The Police Chief and Fire Chief shall have an employment agreement with the City specifying the terms and conditions of employment including a provision for early termination of employment. The Mayor may terminate either employment of the Police Chief or the Fire Chief at any time. The Council may terminate the agreement at any time, with notice to the Mayor and affected Chief, by an affirmative vote of two-thirds of the entire membership of the Council.

Mayor Keller's woes have only grown in recent weeks--not only with the APD DWI scandal and the controversial auto accident involving Chief Medina. Now there is a report that the city's Inspector General is looking into special payouts given to top city officials who have resigned--including Sarita Nair, Keller's former CAO who has since been appointed to MLG's cabinet. 

KELLER PUSHBACK

Here is the full news release from Keller's office on the City Council plans:

A group of City Councilors is introducing a slate of charter amendments under the guise of streamlining City government procedures for hiring selection and City elections, but these charter amendments reflect the opposite of transparency and efficiency. It is unfortunate that faced with crime and homelessness, a group of Councilors are wasting time on the politics of power, instead of bringing real solutions to the table. 

“Our community expects, and deserves, us to be focused on tackling crime and finding solutions to curb homelessness, not wasting time on distractions that are ultimately political ploys for power,” said Mayor Tim Keller. “I’m always open to a charter reform task force and community discussion, but over-politicizing police and fire, removing safeguards for patronage and corruption, and ignoring the public’s referendum for ‘majority wins’ elections, is simply out of step with what our city needs.” 

One proposal would modify the minimum votes required for candidates for Mayor or Councilor from 50% down to 40% of the total number of votes cast. This proposal is not only undemocratic, it reverses an 11 year old public referendum, when voters decided that our elected leaders should be elected with a majority of the votes to hold office. Further, the proposal would not eliminate the need for runoff elections. 

They are also suggesting that our City change the procedures to appoint and remove the City Attorney, City Clerk, and Chiefs of Police and Fire. These ‘govern by committee’ proposed changes would erase critical checks and balances that are in place to prevent corruption and patronage. They would essentially make these key city jobs “at-will,” and beholden to the needs of a few council districts, rather than the city as whole – as represented by the Mayor. The additional bureaucracy, creating 10 bosses for most executives, would politicize recruiting and promotion of professionals, create more turnover, and weaken the stability of police and fire leadership that our community relies on. 

Given the enormity of the potential impact and the number of changes, the appropriate course of action would be to convene a Charter Review Task Force made up of City Council, the administration, and other representatives.

THE BOTTOM LINES

State Sen. Siah Correa Hemphill, whose decision to withdraw from her Senate race after the June 4 primary was the subject of Monday's blog, reacts to a comment about her future political plans submitted by one of the Alligators:  

Hi Joe, I read your blog. I have never been asked to run for Lieutenant Governor and I have never told anyone that I have been asked by Senator Martin Heinrich. I’m focused on my family and not interested in running for office. 

Okay, applications remain open for the position of lietenant governor on the '26 Dem ticket. Please call Martin Heinrich for an application. On second thought, you might want to call Deb Haaland first. 

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