Constitutional Amendments (Arguments For and Against) Abridged

Arguments For and Against Proposed Constitutional Amendment 4

2014

Arguments For

1. Expands the number of counties eligible to acquire urban county status.
   Currently, every county in New Mexico except Bernalillo County is barred from becoming an urban county. If this amendment is adopted, any county that is less than 1,500 square miles in area and that has a population of at least 300,000 residents would become eligible to acquire urban county status.
2. Promotes greater self-government and reduces dependency on the state legislature.
   Adoption of this amendment would allow counties that achieve urban county eligibility to acquire the same "home rule" powers that many municipalities currently enjoy. An urban county would have greater autonomy to be responsive to issues that specifically relate to its individual circumstances. This self-governmental authority would allow for less dependency on the state legislature to provide laws and financial resources for those counties and permit counties to pursue their policymaking goals without the need to invest time and resources to sway the legislature.
3. Sets up a cautious approach to potentially improving local government.
   This amendment creates an opportunity to change how a county government works, but not without the assurance that the electorate may first consider thoroughly whether to exploit that opportunity. It establishes a cautious, thoughtful approach for county officials and voters in an eligible county to decide how and whether to become an urban county. The appointment of a charter commission, drafting of a proposed charter and vote on whether to adopt the charter would spark public discourse about the merits and disadvantages of becoming an urban county.
4. Clarifies what constitutes a majority of voters.
   This amendment clarifies that a proposed urban county charter would go into effect if approved by a majority of qualified voters of the county voting on the charter, not a majority of qualified voters of the county.

Arguments Against

1. Increases expenditure of public resources.
   This amendment would create potential for a waste of resources and an increase in expenditures. If a board of county commissioners chose to pursue the process of becoming an urban county, public resources would be used to create a charter commission, draft a charter and hold an election. If voters later reject the proposed urban county charter, those expenses will not have achieved what the commission sought. If voters approve the urban county, the county would be required to expend resources to modify the county government to carry out the provisions of the urban county charter. In both instances, passage of this amendment would increase public spending.
2. The contours defining the powers of an urban county are unclear.
   Passage of this amendment could lead to confusion about an urban county's powers. Several existing statutes explicitly address the powers of home rule municipalities, but those statutes were written before an "urban county" was contemplated and that term brought into use. It is unclear whether existing home rule statutes pertaining to municipalities would be interpreted as applicable to urban counties.
3. May result in duplication and confusion.
   By allowing a county to become an urban county, with similar powers to a home rule municipality within that county, the proposed amendment may lead to duplication of services and offices, which could then result in confusion about which entity is responsible for certain services. Duplication of services could also raise costs to the recipients of those services in both the county and the city. The only county in the state that currently has home rule power is Los Alamos County. It has that power because it is also, technically, a municipality and there is no confusion because no other governments exist in Los Alamos.
4. Amendment would not immediately affect counties.
   Currently, Bernalillo County is the only county in the state that satisfies the size and population requirements necessary for a county to attempt to become an urban county. The provisions of the constitution do not currently prevent Bernalillo County from subsequent attempts to become an urban county. Until another county meets the size and population requirements, this amendment will not have any effect.