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Bernalillo County delays glyphosate policy, approves off‑duty medical cannabis MOA for firefighters

2449494 · February 28, 2025
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Summary

The County Commission deferred a decision on a revised glyphosate policy to Mar. 25, 2025, while approving a memorandum of agreement that allows off‑duty use of medical cannabis for Bernalillo County firefighters, amid staff warnings of a small legal risk tied to federal/state testing rules.

The Bernalillo County Board of Commissioners on Feb. 25, 2025, voted 5–0 to postpone action on a proposed replacement to the county's 2019 glyphosate moratorium and approved a memorandum of agreement (MOA) that permits off‑duty medical cannabis use by county firefighters by a 5–0 vote.

County leaders said the two items represent competing priorities: the glyphosate resolution aims to restore limited, targeted herbicide use while a broader integrated vegetation management plan is completed; the MOA responds to firefighter requests for access to medical cannabis as part of treatment for job‑related injuries and trauma.

Commissioners deferred the glyphosate resolution AR2025‑26 until the March 25 meeting so staff can continue public engagement and refine an integrated vegetation management and maintenance plan. "We're seeking an additional year to finalize that, integrated vegetation management and maintenance plan," Natural Resources Section staffer Colleen Bronson told the commission during a staff presentation. Bronson said the plan will expand the county's integrated pest‑management approach, include landscape design standards aimed at converting problematic gravel/cobble xeriscapes to more resilient native plantings, and provide a capital improvement plan for landscape conversions.

The item drew public comment from residents and organized stakeholders. Peggy Norton, who said she served on the steering committee that helped draft the resolution, described the proposal as a "reasonable compromise" that extends the moratorium while allowing temporary spot use in high‑need areas and continuing community engagement. County staff emphasized the proposed spot use would be targeted — not blanket spraying — and would be limited to hazardous or high‑need locations while alternatives are developed.

County manager Cindy Chavez framed the MOA vote as cautious but supportive. "I think the risk is very, very low. It's minimal, but we are obligated to be transparent," Chavez said, referring to uncertainty in New Mexico Department of Transportation guidance that could affect random‑drug‑testing rules for ambulance drivers and the county's ability to bill for emergency transport. The commission approved the MOA 5–0 after union leaders and rank‑and‑file firefighters described the change as a health and morale measure.

Union and fire department speakers said the agreement will allow off‑duty medical cannabis for some employees while preserving a drug‑free workplace and prohibiting impairment on duty. Paramedic Bobby Egan, speaking for IAFF Local 244 members, told commissioners, "By approving this MOU and allowing this medication, you are truly saving lives." Union leaders said they would work in good faith with county management if any state or federal agency raised concerns after the policy change.

Actions and next steps: the commission set a 30‑day check‑in and instructed staff to return with a midyear progress report on the integrated vegetation management plan and final recommendations within one year. Staff said prior to the 2019 moratorium Parks and Recreation's chemical budget for herbicides was about $50,000 annually; the new plan aims to reduce chemical reliance over time through design changes, mechanical and biological controls, and targeted chemical use only when necessary.

Votes at a glance

- Approval: Albuquerque‑area firefighters Local 244 MOA (off‑duty medical cannabis access). Vote: 5–0. Outcome: approved. County manager warned of a low but nonzero risk that NMDOT could challenge random‑testing compliance; staff said they would work with the union and regulators if needed.

- Action: Resolution AR2025‑26 (glyphosate use restriction and development of an Integrated Vegetation Management and Maintenance Plan). Motion to defer final consideration to Mar. 25, 2025: passed 5–0. Outcome: postponed for staff and community revisions; staff to provide six‑month update and final plan within one year.

- Adoption: Ordinance 2025‑11 (Tierra Linda Apartments; tax exemption for a newly constructed 240‑unit affordable housing project). Vote: 5–0. Outcome: adopted. County will receive an annual administrative fee of $55,000 from the project; developer will report affordability to New Mexico Mortgage and Finance Authority and tax credit investors. The project uses 4% Low‑Income Housing Tax Credits and includes long‑term land‑use restriction agreements to preserve affordability for 30+ years.

- Approval: Amendment to Maxion American Manufacturing project participation agreement (allow state LITA funds to support interim assembly in an existing facility near San Mateo; extension of PPA term). Vote: 4–0. Outcome: approved. No county gross‑receipts tax share is being paid for the interim assembly site; the city is managing the IRB for equipment and the state LITA funding (~$6 million) will be used by the company.

- Appointment: Corbin Karstra to Estancia Basin Water Planning Committee as "governmental representative" (technical correction and appointment). Vote: 5–0. Outcome: approved.

- Closed‑meeting statements and code‑of‑conduct referral: The commission read and adopted two closed‑meeting statements (5–0) and directed independent counsel to file a complaint under the county code of conduct against former county clerk Linda Stover. Vote on directing counsel to file the complaint: 4–1. Outcome: direction approved; matter to proceed through the Code of Conduct Review Board process.

What commissioners and staff said

Commissioners praised the outreach and stakeholder work on both items while urging clearer fiscal reporting and stronger implementation safeguards. Commissioner Frank Baca asked county staff to ensure ongoing oversight for affordable‑housing reports and suggested Housing New Mexico and the State Board of Finance be asked to share compliance audits. Commissioner Walt Benson described the glyphosate decision as a trade‑off between public‑health concerns and labor‑intensity of manual weed control.

County staff committed to detailed training for crews on species‑specific, targeted treatments and to a public education component so residents understand the appearance and benefits of native, lower‑maintenance landscapes.

Why this matters

The glyphosate decision affects parks, medians and other county landscapes used by residents, and it aims to balance public‑health concerns, wildfire risk and the county's capacity to maintain public spaces. The firefighters' MOA changes internal workplace rules that may influence other jurisdictions and set a local example for handling off‑duty medical cannabis for first responders. Both items will shape county operations and regulatory relationships over the coming year.

Ending note

The commission's next administrative meeting is scheduled for March 11, 2025; the glyphosate resolution will return March 25, 2025, after the additional community and staff review requested by the board.