“Once the election has occurred, then there’s no more activity and that’s what the money was meant to be spent on,” City Clerk Randy Autio explained.

That’s why reporting campaign spending before election day is important.

All three candidates for mayor in 2009 were allowed expenditures up to $360,800, including the public funds given to them by the city and an additional ten percent allowed as in-kind donations. And all three spent less than they were allowed, leaving a buffer for last-minute expenses; they have until November 20 to file final disclosure statements with the city clerk.

According to reports, Mayor-elect Richard Berry spent $316,119; Mayor Martin Chavez spent $323,612; and Richard Romero spent $348,358.

“If they spent more than their limit, then they overspent, and would have violated the act by overspending,” he said.

As to a penalty for that,  it’s pretty minor on the books. The real penalty, Autio says, is the potential for political fallout.

“The penalty is in the court of public opinion, they would have to deal with political consequences,” Autio said.

State law requires that the proposed amendments be published for the public to review them before the City Council has a chance to override the mayor’s veto at their next meeting on Monday August 3.  State laws govern the timing, Autio explained in an interview with the Independent, and those laws don’t consider the possibility of a mayoral veto.

So, with the guidance of city attorney Bob White, Autio decided to include the ballot measures in the official publication that will run in the Albuquerque Journal on July 12, with a clarifying note. That note tells the public that the measures have been vetoed and will require a council override on August 3 to remain on the ballot. If there is no override, he will republish the ballot measures without the charter amendments.

One of those measures in the bill would create greater independence for the city clerk, who is currently an “at will” politically appointed employee of the mayor who can be terminated without cause.

The ballot measure states that the city clerk’s position will coincide with the mayor’s term — meaning that the mayor appoints the clerk at the beginning of his term — but then, the clerk can only be terminated for cause.

The Independent asked Autio whether he thought greater independence from the mayor is necessary. He replied that he believes he’s been able to act independently under the current rules but that appearances and the potential for abuse make his role “awkward.”

“I think you can be independent in this office under the current system,” he said, “but the appearance can be negative because people assume you’re doing the mayor’s bidding because he can fire you at will. And if you do something that’s in any way beneficial to the mayor, even if it’s the right thing to do, people will assume you did it for the mayor.”

“The potential for abuse does exist,” he continued.  “If someone wants to do the bidding of an elected official it could happen. Or, it just can be awkward, because you have to run an election when the person who appointed you and can fire you may be running. You have to be very careful to not give special treatment, other candidates have that right.”

Autio also noted that Chavez has supported independence for the city clerk in past proposals that haven’t made it into law.