Pubdate: Sat, 30 Aug 2014
Source: Albuquerque Journal (NM)
Copyright: 2014 Albuquerque Journal
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10
Author: Dan McKay
Page: A1

BERRY VETO QUASHES POT, TAX PROPOSALS

It's Unlikely Council Can Override Mayor

Mayor Richard Berry on Friday vetoed an election resolution that 
would have asked Albuquerque voters to reduce marijuana penalties and 
to raise taxes for social services.

The mayor faced an all-or-nothing proposal from the City Council - an 
election resolution containing five ballot items, including the 
marijuana and tax proposals.

The debate now turns to the council, which could try crafting a new 
election resolution when it meets Wednesday. Unless a councilor 
changes his or her position, there isn't enough support to override the veto.

In a YouTube video posted to his Twitter account, and in an interview 
afterward, Berry slammed the council for last week's party-line vote 
to add marijuana and tax questions to the election resolution.

Berry is a Republican, but Democrats hold five of nine council seats.

"In good conscience," the mayor said, "I can't sign a bill that would 
raise taxes without any definite plan on how to spend the money and 
it flies in the face of state and federal law (by decriminalizing) an 
illegal drug."

City Council President Ken Sanchez, a Democrat, accused Berry of 
depriving Albuquerque residents of the right to vote on important initiatives.

"You've got to trust the voters that they are going to make the right 
decision," Sanchez said. Berry "is not raising the taxes. This would 
be the will of the voters of Albuquerque if they choose to invest in 
these initiatives."

What's next isn't clear. The council has broad agreement on at least 
three measures it wants to send to voters:

Granting the City Council approval authority over the mayor's hiring 
of a police and fire chief.

Changing the voter-initiative process so that successful petition 
drives don't cause frequent special elections.

A bond proposal to fund metropolitan redevelopment.

Councilors could try crafting an election resolution with just those 
items. Sanchez has already joined Republican Brad Winter and Democrat 
Isaac Benton in sponsoring such a bill for consideration Wednesday.

Councilors also could try packaging the three less controversial 
measures with one of the proposals Berry opposes in hopes that he'll 
sign it anyway, or they could try breaking each item into its own 
election resolution.

But challenges remain, even if Berry agrees to whatever the council passes.

First, the general-election ballot is already crammed with state and 
county items. County Clerk Maggie Toulouse Oliver said she expects to 
have room for at least one municipal item and maybe more, but not all 
five. Ultimately, the County Commission would have to decide whether 
to approve the city items.

Second, time is running out. The council meeting is Wednesday, and 
the County Commission plans to meet on Thursday to consider the city 
items, if there are any. The mayor, then, would have to almost 
immediately sign the council-approved bill before the commission's 5 
p.m. meeting.

The ballot is due to state election officials by Sept. 9. The 
election is on Nov. 4.

The marijuana and tax proposals look like long shots, unless one of 
the GOP councilors flips positions and agrees to support them. It 
would take support from two-thirds of the council to either overturn 
Berry's veto or act immediately on a new election resolution.

The marijuana question, sponsored by Councilor Rey Garduno, asks 
voters whether they want the city to reduce the penalty for 
possession of less than an ounce of marijuana. It would be up to the 
council to craft an ordinance with the details afterward.

The city of Santa Fe this week passed a similar ordinance.

Opponents have questioned whether the idea is legal or of practical 
significance, given that state penalties for marijuana would remain 
in place. Supporters say they gathered thousands of signatures that 
demonstrate community interest in voting on the idea.

The tax proposal, sponsored by Klarissa Pena, would seek voter 
approval of a one-eighth cent gross-receipts tax to fund social services.

It would raise about $16 million - with half going to fund services 
to help people struggling with mental illness, homelessness or 
addiction. The other half would go toward those services, too, or for 
construction of "capital improvements" needed to carry out the work.

The measure would boost the city's gross-receipts tax rate from 7 
percent to 7.125 percent.

A task force is meeting to go over what services are needed to help 
people struggling with mental illness.
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MAP posted-by: Jay Bergstrom