By Jesse Jones, The Paper. — Burqueños will not get a chance to weigh in this November on removing the mayor’s sole power over the city attorney and city clerk after councilors failed to override Mayor Tim Keller’s veto, which warned the change would effectively create a new branch of city government.
During Monday’s Albuquerque City Council meeting, councilors voted 4-5 to override Mayor Tim Keller’s veto of charter amendment resolution R-26-30, falling short of the six votes needed. Council Vice President Dan Champine, who sponsored the measure, joined Tammy Fiebelkorn, Renée Grout and Dan Lewis in supporting the override. Champine said the mayor’s veto centered on a provision that would make the city’s Legal Department independent of both the mayor and City Council. He said the city attorney should work for the city, not political entities. Keller said an independent legal office would effectively establish an unchecked “third branch” of municipal government.
Councilor Joaquín Baca offered a mixed response. He agreed the city attorney’s office needs clearer accountability rules and called the Office of Inspector General’s investigation into the city attorney a “sloppy piece of work.” He also criticized the administration’s handling of the underlying dispute. But Baca voted to uphold Keller’s veto, saying late-night council work during the Aug. 3 meeting, which pushed the meeting past midnight, caused members to get “sloppy” and accidentally leave the independent branch clause in the measure. He said he fundamentally opposes creating a judicial branch because the city attorney should work directly for both the council and the administration.
Because the override failed, the current system remains in place, allowing the city attorney to be removed only for cause after an Inspector General investigation and a majority council vote. Champine said in a statement Monday that he plans to work with councilors, the administration and outside legal experts on a revised proposal that “clearly defines roles” and “protects the integrity” of the two offices.
Meanwhile, Keller submitted a nomination Monday asking the council to confirm Joshua Boone, a chief deputy district attorney, as the new city attorney. The council will consider his confirmation at its Sept. 9 meeting. In addition, City Clerk Ethan Watson will leave his post in two weeks to lead the New Mexico Legislative Council Service.