NEWS
City Council overrides Keller veto of city attorney ordinance
Override came after approval of new top legal counsel for Albuquerque
In back-to-back actions, the Albuquerque City Council confirmed a new city attorney and overrode Mayor Tim Keller’s veto of an ordinance directing the top legal counsel to provide updates to and assist councilors in legal matters, among other rules.
First, the council voted unanimously to approve Keller’s appointment of Joshua Boone — formerly with the 2nd Judicial District Attorney’s Office — to serve as the city’s top legal counsel.
Former city attorney Lauren Keefe said she had bowed out of the role to take a different place on the city’s legal team. The decision came after a dispute between Keller and councilors raised questions about Keefe’s actions and spurred a monthslong investigation, which found no wrongdoing.
Next, councilors voted 6-3 to override Keller’s veto, with Councilors Nichole Rogers, Brook Bassan and Klarissa Peña voting against. Both Bassan and Rogers also voted against the initial ordinance on Aug. 17 with Peña excused from that meeting.
None of the councilors responded to requests for comment.
The ordinance in question, sponsored by Councilors Tammy Fiebelkorn and Dan Champine, was born of friction from accusations last year that Keefe assisted Keller with legal support in a lawsuit against the council over paramedic staffing at Albuquerque Fire Rescue.
One of the portions of the new ordinance states the city attorney “shall decline to represent both the executive and the Council, when the legal positions of the parties are in conflict.”
Keller initially vetoed the ordinance on Sept. 3, saying it goes against the City Charter and causes conflicts between the council, city attorney and administration. In a veto letter, Keller did not elaborate on the conflicts but suggested the issue would be better addressed “through alternative legislation or the Charter review process.”
With the override Wednesday, the ordinance will become law.
“You win some and lose some when it comes to vetoes; that’s just the nature of City Hall. In this case an override doesn’t make a problematic law workable, so there’s a fair chance this will have to be adjudicated at some point,” Dan Mayfield, a spokesperson for Keller’s office, said in a statement.
While appointed and removed by the mayor, the city attorney is beholden to the administration and City Council equally. Fiebelkorn said councilors felt the split was not so even and the ordinance will “help even the playing field.”
“When you have a setup like that, I think it's clear who they work for, right? The person that has the most leverage,” she said. “It just makes sense that we have, in writing, in an ordinance, that there are certain expectations of a city attorney in regards to their service and support of the City Council … that I can point to and say this is the way these things are going to be run from now on.”
During Wednesday’s meeting, Boone thanked the councilors for their support.
“I think the commonality I found — with this group in particular — was that everybody here cares and everybody is extremely passionate about their vision for this city,” he said. “And I want to focus on that moving forward.”
Boone largely sidestepped, or gave broad answers, when councilors questioned him on several aspects, including whether he believed, as city attorney, that City Council was his client and if he would agree to bring litigation against the council at Keller’s behest.
Boone said he would, most likely, recuse himself in any conflict of interest but added his first solution would be mediation to avoid such litigation.
Councilor Stephanie Telles told Boone, at one point, “You’re a very good lawyer, dancing around questions.” Other councilors who questioned Boone expressed dissatisfaction with his answers, but also shared appreciation that he took the time to speak with them.
“The worst thing you can tell a group of individuals who probably have some reservations is to say ‘just trust me on this,’” Boone said. “What I will say is, look at my history.”
That previous experience includes serving as chief deputy district attorney in Bernalillo County, overseeing operations at Metro Court and a staff of about 300 people.
“Josh has the experience, judgment and leadership skills we need in this role,” Keller said in a news release. “He knows Albuquerque, he knows how government works, and he knows how to get things done.”
Keefe said she didn’t think “it was feasible to move forward” in her position as city attorney and the city had crafted her new role — which did not yet have a title — “on my strengths and background.”
She said she was always confident she would be found to have done nothing wrong in the investigation, adding, “it's unfortunate that it took nine months … and I think that maybe didn't help the atmosphere — and to some extent, made it difficult to continue.”
Regardless of the controversy, Keefe said she was proud of her achievements in the position, like the city being dismissed from the decade-long U.S. Department of Justice settlement agreement. She said she was excited for Boone to take the helm.
“I am actually pretty excited about dividing up the leadership responsibilities. It has become overwhelming here, in part because of the increase in lawsuits,” Keefe said. “And I'm happy to hand off the leadership role to him while focusing on the things that I think I can best contribute to.”