OPINION: Charter proposals could lead to a weakening of the separation of powers

Several Albuquerque city councilors have introduced four ordinances dealing with elections and the appointment of certain city officials.

The first deals with reducing the percentage of votes needed for mayoral and City Council candidates to win an election from 50% to 40%. The proponents claim their motive is to save the cost of a runoff election. In truth, this is not about saving city funds, but rather it is all about the realization that the only way for a GOP candidate to win a mayoral or council election is to lower the percent of votes needed to win. Requiring less than a majority vote is undemocratic.

Furthermore, just a short 11 years ago, Albuquerqueans voted to change the percentage of votes needed from 40% to 50%.

The second and third proposals would greatly diminish the mayor’s authority to hire and fire the city attorney, city clerk, police chief and fire chief.

The fourth proposal would give the council an unfair advantage in selecting the third member of a three-member committee tasked with resolving separation of power disputes between the executive and legislative branches.

All four proposals can be characterized as a power grab.

These four proposals would greatly undermine the authority of the mayor and could lead to a weakening of the separation of powers between the policymakers/legislative branch — City Council — and the executive branch — mayor/department heads.

Having served as a city or assistant city manager for 35 years, I have a great deal of experience dealing with the relationship between the executive and legislative branches of city government. It is important that the two branches not be in conflict with each other.

No management expert would recommend this intrusion by the legislative branch into the proper functions of the executive branch. City councilors are similar to a corporation’s board of directors. Rarely would a board of directors intrude into the hiring and firing of the company’s department heads. It simply would not be on anyone’s list of best management practices.

If more of this type of intrusion continues to undermine the separation of powers, it could eventually lead down a slippery slope to chaos whereby everyone is in charge, so no one is in charge.

Why is separation of powers so important?

1. Policymaking and implementation: Councils create policies, while mayors and city managers implement them. This division of duties ensures a balance between policy development and execution, preventing concentration of power in one branch.

2. Checks and balances: Similar to the federal government, local governments rely on separation of powers. Councils serve as a check on the mayor’s executive authority, ensuring decisions are well-considered and transparent.

3. Efficiency and effectiveness: By separating policymaking from operational duties, local governments enhance efficiency and service delivery. Elected officials focus on policy, while mayors and managers handle administrative tasks.

4. Avoiding dominance: Without checks on power, either the council or the mayor could dominate the government. A city functions best when the mayor and city councilors stay within their respective roles. Separation of powers prevents undue influence and promotes collaboration.

In summary, this separation ensures a healthy balance, accountability, and effective governance within local communities. The last thing ABQ needs is a dysfunctional government.

Among the major cities in the Southwest, ABQ has had the smallest population growth since the 2008 recession and has the least robust economy. These proposed ordinances would do absolutely nothing to reverse our low ranking. Do we want to exasperate an already distressing situation?

Bill Tallman represents District 18 in the New Mexico Senate.