3 days ago
City's little-known dispute board activated for mayor versus council showdown
Jun. 4—A years-old city mechanism was used for the first time Tuesday to resolve a power struggle between Albuquerque's mayor and City Council over how ambulances should be staffed — a debate both sides say could affect public safety.
The Intragovernmental Conference Committee (ICC), established in 2009, had never been used before, according to a spokesperson from the City Clerk's Office, because the board was not fully staffed until June 2024.
On Tuesday, the committee members on the ICC, all lawyers, heard arguments from attorneys for the mayor and council. The committee said it needed more time to decide the issue after approximately an hour of deliberations.
The three committee members — Luis Stelzner as chair, council appointee Linda Vanzi and mayor's appointee Bob White — did not indicate which way they would rule. Stelzner did not set a future date for a new meeting to resolve the matter.
For the mayor's office, the question was one of separation of powers with public safety implications.
"We're here because requiring two paramedics on every rescue vehicle is detrimental to the public safety of Albuquerque because you're using both paramedics on one vehicle for one call instead of one paramedic on two different vehicles for two calls," said Brian Nichols, who represented the mayor's office.
Historically, Albuquerque Fire Rescue teams have had two paramedics on each ambulance. More recently, AFR announced plans to implement changes at six of its 22 stations, where one paramedic would be assigned to the ambulance and the other to the fire engine.
This change has been in place at two AFR stations since 2023 and is a longstanding practice of Bernalillo County Fire Rescue.
On a 7-2 vote March 3, the City Council passed a resolution sponsored by Councilors Dan Lewis and Joaquín Baca that reversed the move and required AFR to have two paramedics per ambulance.
AFR Chief Emily Jaramillo said splitting the paramedics between the engine and ambulance would leave one free for an emergency should the other be tied up on a call.
The council's move was a violation of enshrined separation of powers, the mayor's office argued. The council, in turn, argued that they have broad power to enact legislation around public welfare. They also argued that they've made legislative decisions involving staffing in the past, and this was no different.
"Fundamentally, this case is about preserving the City Council's ability to legislate on matters of public welfare," said Justin Miller, representing the council.
But instead of vetoing the measure approved by more than two-thirds of the council, the mayor sought to utilize a never-before-used dispute mechanism of the ICC.
While the ICC has been around for over a decade, a 2024 amendment to the Albuquerque Charter forced the mayor to appoint a representative within 60 days of a vacancy. Councilors at the time said that the mayor's office or the council had failed to select appointees over the last decade, rendering the dispute mechanism useless.
Vanzi, the council appointee, was placed on the board in 2022. White, the mayoral appointee, was placed on the board in May 2024. Stelzner, chosen as chair by the other members, was placed on the board in June 2024.
All three of the committee members bring extensive legal experience to the new committee. Stelzner is a founding member of the firm Stelzner, Winter, Warburton, Flores & Dawes. Vanzi is a former 2nd Judicial District judge and Court of Appeals judge, and now an attorney with Rodey Law. White is a former Albuquerque city attorney and is currently with Robles, Rael & Anaya.
Outside the ICC, the mayor's office has filed a lawsuit in the 2nd Judicial District Court requesting a judge to intervene in the matter. The judge is allowing the ICC process to continue before intervening.
