Decision Confirms Mayor’s Staffing Authority
The Intragovernmental Conference Committee (ICC), which governs the separation of powers within the City of Albuquerque, affirmed on Monday that the Mayor and executive branch—not City Council—has the authority to make staffing decisions. The ICC stated “... the Council does not have the power under the city charter to specify staffing requirements … Council R-25-122 is void and of no effect.”
“Our Charter outlines in plain language the clear separation of powers between the executive and legislative branches,” said Mayor Tim Keller. “This decision affirms the legal authority of the Mayor as the executive to staff our departments with highly skilled and experienced professionals.”
Earlier this year, City Council passed R-25-122, which tried to mandate how AFR staffs its rescue units. On Monday, the Intragovernmental Conference Committee ruled this resolution was an overreach of authority. The City Council plays a crucial role in setting policies and authorizes the distribution of taxpayer funds to city departments to support essential services. However, decisions regarding the daily operations and staffing of departments are given to the executive branch and lie with the professionals with the appropriate training and expertise. Accordingly, all City department heads will continue to have say over their staffing levels.
The ICC, which governs the separation of powers within the City of Albuquerque, affirmed on Monday that the Mayor and executive branch—not City Council—has the authority to make staffing decisions (documents linked below).
“We hire directors with the experience and expertise to lead our City’s departments. This decision confirms our authority in staffing decisions,” said Chief Administrative Officer Samantha Sengel. “This decision is not just about one department it’s about preventing legislative interference in areas that can be quite literally dangerous and undermine the public’s trust in the professionalism of their city departments.”
In light of the ruling, AFR Chief Emily Jaramillo is proceeding with her planned operational updates to ensure that in high-demand areas, 911 callers will receive an immediate response from both a firefighter and a paramedic on scene. Moving forward, both Rescue units and Engines will be staffed with paramedics in key parts of Albuquerque.