{"MatterId":14664,"MatterGuid":"6DDBD521-0562-4111-B97C-4C7BCFC010AF","MatterLastModifiedUtc":"2026-07-27T20:48:45.427","MatterRowVersion":"AAAAAADOppQ=","MatterFile":"O-26-6","MatterName":null,"MatterTitle":"Amending The Appointment Method, Membership Requirements, And Duties Of The Open Space Advisory Board (Fiebelkorn)","MatterTypeId":1,"MatterTypeName":"Ordinance","MatterStatusId":20,"MatterStatusName":"Enacted","MatterBodyId":1,"MatterBodyName":"City Council","MatterIntroDate":"2026-01-21T00:00:00","MatterAgendaDate":null,"MatterPassedDate":"2026-02-18T00:00:00","MatterEnactmentDate":"2026-03-11T00:00:00","MatterEnactmentNumber":"O-2026-007","MatterRequester":null,"MatterNotes":null,"MatterVersion":"2","MatterCost":null,"MatterText1":null,"MatterText2":null,"MatterText3":null,"MatterText4":null,"MatterText5":null,"MatterDate1":"2026-03-20T00:00:00","MatterDate2":"2026-03-27T00:00:00","MatterEXText1":"CC 2/18/26 (tm)\r\n\r\nBrief Summary: This Ordinance amends Chapter 2, Article 6, Part 16 of the Boards and Commissions Ordinance pertaining to the Open space Advisory Board and the process for the Administration and the City Council to alternate nominating board members as follows:\r\n• As vacancies on the Board occur or as terms expire, the Chair of the Open Space Board shall notify the Chief Administrative Officer and the Director of Council Services of the vacancy or the expired term within 30 days.\r\n• Applications received for a board member position shall be distributed within two days of submittal to both the Administration and the City Councilor for the Council District where the applicant resides.\r\n• Once the branch of City Government (Administration or City Council) whose turn it is to appoint a member to the board receives as application they have 45 days to make an appointment or their turn defaults on to the other entity.\r\n• An appointment shall take effect upon approval of the City Council. \r\n• The “Appointments” section is separated into a four topic paragraphs for clarity and ease of reading. These include: (A) Open Space Advisory Board Created, (B) Appointment, (C) Member Qualifications, (D) Duties, Responsibilities, Powers.\r\n\r\nAnalysis: The Open Space Advisory Board Member appointment process includes alternating appointments between the Administration and the City Council as required by § 2-6-16 of the Albuquerque Code of Ordinances. In November of 2025 the Chair of the Open Space Advisory Board alerted the sponsor of this Ordinance that the Board had four vacancies and as of January of 2026 would be unable to convene a quorum. A review of the process found the Administration and the City Council had not made appointments as vacancies occurred during the summer and fall of 2025 even though applications for the positions had been submitted to the City. In addition, both branches were past the 45-day period (set forth in the Ordinance) to appoint a member to a vacancy after which, they forfeited their turn to the other branch. The Sponsor, City Council Services Staff, Opens Space Division Staff and staff from the Government Affairs Department then proceeded to work to identify and present nominees for the vacancies. The reason the four vacancies occurred before action was taken to appoint new members is threefold:\r\n• Over just several months there was a series of board members whose second and final terms expired. \r\n• Like other boards, the Boards and Commissions Ordinance specifies that positions for the Open Space Advisory Board serve as representatives of individual City Council Districts. Unlike other boards, the Ordinance designates appointment authority for every other board member to the City Council. Though, the Ordinance does not specify how the City Council is to be notified when there is a vacancy on the board and how an applicant for the position is transmitted to the Council. Consequently, there is not a consistent process to transmit the notice of vacancy to the City Council nor an application from an applicant to the Councilor for the District the applicant applied to serve in. \r\n• There are over 75 board and commissions and only a small staff in the Government Affairs Department to recruit and security clear an applicant and prepare nominations and renominations for boards seats. It is not uncommon for a board to have two or three vacancies until government affairs staff can recruit and prepare a nomination. \r\n\r\nFiscal Impact: There is not a fiscal impact to general operating Fund (110). \r\n\r\nKey Dates: This Ordinance takes effect five days after the publication by title and general summary. \r\n\r\nPost LUPZ Note:  The LUPZ Committee unanimously moved the ordinance forward to City Council with Recommendation. There were no comments from the Committee or Administration.\r\n\r\n\r\nLUPZ 1/28/26 (tm)\r\n\r\nBrief Summary: This Ordinance amends Chapter 2, Article 6, Part 16 of the Boards and Commissions Ordinance pertaining to the Open space Advisory Board and the process for the Administration and the City Council to alternate nominating board members as follows:\r\n• As vacancies on the Board occur or as terms expire, the Chair of the Open Space Board shall notify the Chief Administrative Officer and the Director of Council Services of the vacancy or the expired term within 30 days.\r\n• Applications received for a board member position shall be distributed within two days of submittal to both the Administration and the City Councilor for the Council District where the applicant resides.\r\n• Once the branch of City Government (Administration or City Council) whose turn it is to appoint a member to the board receives as application they have 45 days to make an appointment or their turn defaults on to the other entity.\r\n• An appointment shall take effect upon approval of the City Council. \r\n• The “Appointments” section is separated into a four topic paragraphs for clarity and ease of reading. These include: (A) Open Space Advisory Board Created, (B) Appointment, (C) Member Qualifications, (D) Duties, Responsibilities, Powers.\r\n\r\nAnalysis: The Open Space Advisory Board Member appointment process includes alternating appointments between the Administration and the City Council as required by § 2-6-16 of the Albuquerque Code of Ordinances. In November of 2025 the Chair of the Open Space Advisory Board alerted the sponsor of this Ordinance that the Board had four vacancies and as of January of 2026 would be unable to convene a quorum. A review of the process found the Administration and the City Council had not made appointments as vacancies occurred during the summer and fall of 2025 even though applications for the positions had been submitted to the City. In addition, both branches were past the 45-day period (set forth in the Ordinance) to appoint a member to a vacancy after which, they forfeited their turn to the other branch. The Sponsor, City Council Services Staff, Opens Space Division Staff and staff from the Government Affairs Department then proceeded to work to identify and present nominees for the vacancies. The reason the four vacancies occurred before action was taken to appoint new members is threefold:\r\n• Over just several months there was a series of board members whose second and final terms expired. \r\n• Like other boards, the Boards and Commissions Ordinance specifies that positions for the Open Space Advisory Board serve as representatives of individual City Council Districts. Unlike other boards, the Ordinance designates appointment authority for every other board member to the City Council. Though, the Ordinance does not specify how the City Council is to be notified when there is a vacancy on the board and how an applicant for the position is transmitted to the Council. Consequently, there is not a consistent process to transmit the notice of vacancy to the City Council nor an application from an applicant to the Councilor for the District the applicant applied to serve in. \r\n• There are over 75 board and commissions and only a small staff in the Government Affairs Department to recruit and security clear an applicant and prepare nominations and renominations for boards seats. It is not uncommon for a board to have two or three vacancies until government affairs staff can recruit and prepare a nomination. \r\n\r\nFiscal Impact: There is not a fiscal impact to general operating Fund (110). \r\n\r\nKey Dates: This Ordinance takes effect five days after the publication by title and general summary.","MatterEXText2":"Tom Menicucci","MatterEXText3":null,"MatterEXText4":null,"MatterEXText5":null,"MatterEXText6":null,"MatterEXText7":null,"MatterEXText8":null,"MatterEXText9":null,"MatterEXText10":null,"MatterEXText11":null,"MatterEXDate1":null,"MatterEXDate2":null,"MatterEXDate3":null,"MatterEXDate4":null,"MatterEXDate5":null,"MatterEXDate6":null,"MatterEXDate7":null,"MatterEXDate8":null,"MatterEXDate9":null,"MatterEXDate10":null,"MatterAgiloftId":0,"MatterReference":"27","MatterRestrictViewViaWeb":false,"MatterReports":[]}