Drug tests for those on public assistance

Drug tests for those on public assistance

A few years ago, before we went to word-recognition technology to transcribe Sound Off! calls, we were in the process of hiring an NMSU student to type in the calls.

But before she could take the job, she had to pass a drug test. Which seemed curious to me. Just editing Sound Off! is enough to make me want to take a stiff drink some days. Imagine having to listen to that invective, process it and put it in writing.

Beyond that, it seemed like an unnecessary precaution for a part-time job. Let's say she came to work high one day. What's the worst that could happen, a few typos?

There are some occupations for which strict drug testing should be mandatory. If I'm traveling by air or going under the knife, I want to be absolutely certain that the pilot or surgeon is sober and clear-headed. But, if the dishwasher at my favorite restaurant wants to take a different kind of smoke break after work, I'm can't see how that impacts me or his employer.

My misgivings aside, most employers have instituted mandatory drug-testing policies for new employees. That being the case, shouldn't we also have drug testing for those on government assistance? After all, the goal of those programs is to transfer people from welfare to work. And, for better or worse, you can't get hired these days if you can't pass a drug test.

Rep. Steve Pearce has introduced two bills on the subject — HR 3615 and HR 3722. The first would require drug testing for recipients of unemployment compensation, the second would require it for those in the Temporary Assistance for Needy Families program — previously known as welfare.

Before going any further, I should stress that neither bill is going to pass. Both were introduced in December, but have yet to get a hearing in the House Ways and Means Committee. They could conceivably get through the House, but not the Senate. And certainly not signed by the president.
The questions isn't whether they will pass, it's whether they should.

Both bills would require states, which administer the programs, to drug test applicants. Those seeking unemployment insurance who test positive would be required to retest after a 30-day waiting period (the time required to cleanse the system). Those who test positive three times or more would be denied unemployment compensation for five years.

The second bill prohibits a state from providing TANF assistance to individuals who test positive for an illegal drug, and includes an administrative penalty for failure to implement drug use testing.

Opponents of the bills maintain they are a violation of privacy, and treat the poor as if they are criminals. Perhaps. But, aren't all job seekers treated the same way? Why should those on public assistance be given protections that those seeking work are not?

A larger issue to me is who pays for the drug test. Those seeking employment do not pay for their own drug tests — the employer does. For those who are unemployed and struggling to feed their families, that added expense could be significant.

A lot of people have lost their jobs in the last few years through no fault of their own, especially in my chosen profession. As one of the fortunate who hasn't, I'm willing to lend a hand. But the money people receive through public assistance should not be used to buy drugs.

To be clear, I'm not a fan of drug testing. If it were up to me, pot would be legal, enforcement of harder drugs would focus on rehabilitation instead of incarceration and only jobs in which personal or public safety could be endangered would require drug testing. But the world didn't ask my opinion.

Whether I like it or not, you need to pass a drug test these days to get a job. Doesn't it make sense to ensure that those on public assistance can meet that requirement?

Walter Rubel is managing editor of the Sun-News. He can be reached at wrubel@lcsun-news.com or follow @WalterRubel on Twitter.

Seeking a free pass in election

Seeking a free pass in election

April 8, 2012
Elections are like an all-you-can-eat buffet — the more choices, the better.

Unfortunately, the fallout from a bill passed unanimously last year by the state Legislature is threatening to limit the choices available to voters this June in the primary election and November in the general election; as well as end the careers of numerous legislative leaders.

SB 403, titled "Election Code Language Standardization," seemed simple enough when passed. According to the fiscal impact report prepared for the bill, it "updates the Election Code by clarifying definitions, fixing conflicts, updating procedures and conforms the Code to actual practice. SB 403 bill does not put forth any major new policies."

One year later, that innocuous-sounding bill that allegedly implemented no new policy has led to a series of lawsuits seeking to disqualify dozens of candidates.

The Supreme Court will try to bring some clarity to the situation Tuesday when it hears the cases of 10 lawsuits that have been filed throughout the state. The court's decision will impact not just those 10 cases, but numerous others involving the same issue.

At the heart of those cases are new requirements mandating increased specificity in the nominating petitions submitted by candidates.

For example, local District Attorney Amy Orlando has sought to have challenger Mark D'Antonio disqualified because he listed the office he was seeking as Doña Ana County district attorney and not district attorney for the Third Judicial District.

That may seem like a distinction without a difference, given that the Third Judicial District covers Doña Ana County. But Orlando insists that she really has no choice but to seek a free pass to the position she was appointed to when Susana Martinez was elected governor two years ago.

"As district attorney, I can not and will not pick and choose which laws I will follow," she proclaimed.

Did the Legislature really intend for dozens of otherwise qualified candidates to be disqualified by this new law? That seems unlikely, given that many of those who voted for the bill last year are now facing the prospect of being dropped from the ballot and removed from office without voters being able to decide.

A letter from Secretary of State Dianna Duran to the Attorney General's Office seeking clarification lists 12 candidates who could be impacted: Sens. Pete Campos, Sue Wilson Beffort and Tim Jennings; Reps. Rick Little, Dianne Hamilton, James Roger Madalena and Rudolpho Martinez; Commissioner Vince Bergman; and candidates Joshua Madalena, Louis Luna, Guadalupe Cano and Karen Montoya.

More names have been added since then, including former Legislative Finance Committee Chairman Lucky Varela.

District Judge Henry Quintero in Silver City heard the case challenging Hamilton and Cano last week, and is expected to rule Monday, ahead of the Supreme Court hearing.

In that case, challenger Terry Fortenberry alleges that not only were there errors in how the ballots were filled out, but also signatures from voters who either did not live in the district or were not registered for the political party in which they signed the petition. There's a big difference between invalid signatures and a technical mistake like listing the county instead of the district.

In sports, officials often decide whether to call a foul based on if a team or player gained an unfair advantage. The court would be wise to apply that same standard here.

Every candidate who has challenged the petitions of his or her opponent has issued a statement insisting that they were merely seeking to ensure that the letter of the law was upheld. But voters recognize opportunism when they see it, and will not appreciate efforts to restrict their choices at the ballot.

Walter Rubel is managing editor of the Sun-News. He can be reached at wrubel@lcsun-news.com or follow @WalterRubel on Twitter.

Full slate of candidates file to run in state, county elections

Full slate of candidates file to run in state, county elections

Sun-News report
LAS CRUCES — State Rep. Mary Helen Garcia, a Democrat, will retain her District 34 seat without a challenge, as no other candidates had thrown their hat in the ring by the filing deadline Tuesday. But she was the exception, as a full slate of candidates signed up to run in county and state races.

The primary election, for those races with more than one candidate from the same party, will be June 5. Winners will meet in the general election on Nov. 4.

Because of redistricting, County Commissioners Scott Krahling and Leticia Duarte Benavidez are now both in District 5, and will face each other in the Democratic primary, where Benjamin Luchini has also filed to make it a three-person race. The winner will face former Commssioner D. Kent Evans, who represented District 4 for eight years.

Primary elections will be held for both parties in the race to replace Krahling in District 4. David Luther Bonner and Wayne D. Hancock will square off on the Democratic side. The winner will face either Vernon C. Wilson or Robert S. Jeska, both Republicans.

In District 2, three Democrats have filed to replace Dolores Saldaña-Caviness, who must give up her seat because of term limits. They are David Garcia, Alfredo Garza and Alexander Cotoia. The winner will face Republican Janice R. Brooks in the Nov. 4 general election.

Incumbents Lynn Ellins and David Gutierrez will both face Republican challengers in November. Former Las Cruces City Council member Dolores Lucero Conner will challenge Ellins for county clerk, while Hank Bear Strevel will take on Gutierrez for treasurer.

Democrats Paul A. Martinez and Keith E. Lamonica will vie for magistrate judge in Division 3. The winner in the primary will earn the judicial seat, as no Republicans are running.

In state Senate races, there will be two local vacancies this year, with Cynthia Nava (District 31) and Stephen Fischmann (Distrcit 37) both stepping down.

Longtime House member Joseph Cervantes will give up his District 52 seat to seek Nava’s Senate seat. He’ll be challenged by former Sunland Park Mayor Jesus Ruben Segura in the Democratic primary. The winner will face Republican Brett C. Preston in the general election.

Democrat William Peter Soules and Republican Cathey Jo Alberson will run for Fischmann’s District 37 seat.

Longtime incumbent Mary Jane Garcia will face a challenge from former county commissioner Oscar Vasquez Butler for her District 36 Senate seat. The winner will face Republican Lee S. Cotter in November. Mary Kay Papen will be challenged by Republican Neal L. Hooks for his District 38 seat.
In District 35, which now includes Doña Ana County, John Arthur Smith of Deming, longtime chairman of the Senate Finance Committee, will face a primary challenge from Larry Martinez. The winner will face Republican Russell G. Allen.

Andy Nuñez, who left the Democratic Party to become the only independent in the Legislature, is not yet on the ballot, but said he plans to collect enough petitions to run again in District 36. If successful, he’ll face Phillip M. Archuleta, a Democrat, in the general election.

Democrats Doreen Yvonne Gallegos and Andrew Moralez and Republican Arlington E. Brewbaker Jr. are running for the District 52 seat vacated by Cervantes.

Joni Marie Gutierrez is also stepping down this year. Former county commissioner Bill McCamley, a Democrat, and Republican Angelina Carver will vie for her District 33 seat.

Former Rep. Jeff Steinborn, who had represented District 37, is now in District 35 as a result of redistricting, and will face incumbent Antonio Lujan in the Democratic primary. The winner will face Republican Charles Green in November.

Terry McMillan, who defeated Steinborn two years ago, will be challenged by Joanne J. Ferrary in District 37. And in District 53, Democrat Nate Cote will look to get his seat back from Republican Rick Little, who beat him in 2010.

In District 39, which now stretches into Doña Ana County, incumbent Rodolpho Martinez of Bayard will be challenged by Republican John L. Zimmerman of Las Cruces in the general election.

Butler to challenge longtime lawmaker in state Senate race

Butler to challenge longtime lawmaker in state Senate race

Sun-News report
LAS CRUCES — Former Doña Ana County Commissioner Oscar Vásquez Butler, a Democrat, has filed to run for state Senate in District 36.

Butler will face longtime Sen. Mary Jane Garcia in the primary election. The winner will face Republican Lee S. Cotter in the general election.

"People ask me why I'm running against the incumbent senator, Mary Jane Garcia. This is a fair question and I will answer it straight up," Butler said. "The short answer is that I'm not running against anyone. I'm running for the position and for a chance the address the future needs of the county and state, not the past."

Butler said Garcia, the majority whip, is to be commended for her work on a number of issues during her 24 years in the Senate. But, he said with a number of Democratic leaders not running for re-election, new leadership is needed.

"It's a new ballgame, and every legislator is Santa Fe will be challenged and must prove themselves to a new set of leaders," he said. "With these new challenges come new opportunities, and that requires to work in cooperation with the other legislators to have a good plan."

Butler said his priorities if elected would include early-childhood education, historical preservation, prison reform, water conservation, infrastructure improvement, economic development and the Colonia Initiative. He said he would also seek repeal of the Extra Territorial Zoning Act.

Butler served on the county commission from 2002 to 2010, when he was prohibited from seeking re-election because of term limits.

The primary election is June 5. The general election is Nov. 6.

Larry P. Martinez to challenge for Senate seat


Sun-News report
LAS CRUCES — Larry P. Martinez has filed his candidacy for the newly expanded New Mexico Senate District 35.

Martinez, a Lordsburg resident, will challenge longtime Sen. John Arthur Smith in the Democratic primary. Smith, who has served in the Senate since 1989, is chairman of the Finance Committee.
Martinez said he in running to bring jobs and prosperity to the district.

“I’m running because I care about the great people in this part of New Mexico,” he said. “The area is hurting for jobs. The poverty rate in parts of this district is the highest in the state and hasn’t dropped in 25 years.  I’m running because I think whoever represents Deming, T or C, and Lordsburg needs to be someone who supports making investments in our people that will draw jobs and better opportunities to southwest New Mexico.”

Martinez is retired from PNM, where he was a journeyman electrician for over 20 years. He is also secretary of the Hidalgo County Democratic Party and a member of the Board of Directors of the Hidalgo Medical Center. Martinez is a native New Mexican, 54 years old, and owns a small electrical contracting company in Lordsburg.

Because of redistricting, District 35 now stretches into Doña Ana County. Theater owner Russell G. Allen, a Republican, will challenge the winner in the Democratic primary.

The primary election is on June 5. The general election is on Nov. 6.

Evans seeks return to county commission

Evans seeks return to county commission

Sun-News report
LAS CRUCES — D. Kent Evans, who served on the Doña Ana County Commission from 2000 to 2008, has filed to run again.

Evans represented District 4 during his eight years on the commission. This year, because of redistricting, he will run in District 5. He is the only Republican in that race. Democrats Scott Adam Krahling, Leticia Durate Benavidez and Benjie Luchini will meet in the primary. Krahling and Benavidez are both incumbents, with Krahling also changing districts because of redistricting.

Evans was forced to step down in 2008 because of term limits. He ran unsuccessfully in 2009 for the Public Regulation Commission. He touts efforts to improve mental health services, start a health collaborative and bring professionalism to the county as accomplishments during his eight years in office.

"Once you've been on the County Commission for eight years, I would have to say that you now understand how the county works and all the people involved," Evans said. "I want to run because I like helping the county and my constituents. For eight years, I was honored to serve the whole county, not just my district. I enjoy helping my constituents, but I never forgot I was representing the interests of the whole county, from Hatch to Sunland Park."

As a commissioner, Evans was active on both the state and national Association of Counties.

Evans moved to Doña Ana County in 1975. After working three years at the NASA White Sands Test Facility, he spend 20 years with the Physical Science Laboratory at New Mexico State University. He has since served on the New Mexico Spaceport Authority.

Evans and his wife, Anna Mae, who ran for a seat on the county commission in 2008, will celebrate their 50th wedding anniversary in June. They have three grown children, who all live in Las Cruces.
"This is where we want to live, and I want to do what I can to make this an even better community for others to raise their children," he said.

The primary election is on June 5. The general election is on Nov. 6.

State Rep. Andy Nuñez seeks re-election as independent

State Rep. Andy Nuñez seeks re-election as independent

Sun-News report

LAS CRUCES — State Rep. Andy Nuñez of Hatch announced he’s seeking re-election to his District 36 seat.

The 76-year-old former Democrat won’t appear on the June 5 primary election ballot because he switched his registration to independent in 2011. But he’ll appear on the Nov. 6 general election ballot.
Nuñez said he’s fielded inquiries from people wondering whether he’ll run again.

Over the years, he’s been a member of the House agriculture panel, both during the legislative sessions and in the interim periods. However, outgoing Speaker of the House Ben Lujan removed Nuñez from the committee that meets during the session, after a political battle between them.

Lujan, who announced in January he’s got lung cancer, has said he won’t seek re-election.

“We’re going to have a change in Santa Fe, now that the leadership is gone,” Nuñez said. “I want to see the ag and water committee get back on track. To me, it was a do-nothing committee last year.”

Nuñez said he believes he’s one of the few — if not the only — independent to seek election to the New Mexico House.

Nuñez, also a Hatch trustee, has been a state representative since 2001, according to the New Mexico Legislature website.

With a redistricting in place, District 36 dropped the Picacho Hills area and Rodey, but gained some more area in Las Cruces downtown and Radium Springs, Nuñez said.

Moralez sets sights on District 52 House seat

Moralez sets sights on District 52 House seat

Sun-News report
LAS CRUCES — Democrat Andrew Moralez, 41, of Anthony, N.M., has announced his candidacy for the District 52 state representative seat.

Moralez, a former manager for the city of Sunland Park and former director of the state’s Border Authority, is seeking the seat now held by state Rep. Joseph Cervantes, who’s vacating it to run for state Senate.

Moralez  said Cervantes has “done a good job representing the district, and I look forward to the challenge.”

“Although I have wanted to hold elective office for 20 years, it was never the right time,” he said in a news release. “I knew I had to earn the experience to prove to myself that I have what it takes to advocate for communities sometimes forgotten by Santa Fe.”

Moralez said he believes he has a “reputation for getting things done.”

Job creation, election reform, the promotion of open government and education are goals Moralez said he’d pursue, if elected.

“I will be meeting with voters over the next several months, and, if elected, I will continue to be accessible,” he said. “This election is about the people — the way all elections should be.”

Moralez is seeking to become his party’s nominee in the June 5 primary election. The general election is on Nov. 6.

He’s a former director of constituent services for Gov. Bill Richardson and is a co-founder of a strategic consulting company.

    

Alberson pursues state Senate seat

Alberson pursues state Senate seat

Sun-News report
LAS CRUCES — Cathey Alberson, a Republican, has announced her intention to run for the New Mexico Senate in District 37.

The district has been represented for the past four years by Steve Fischmann, a Democrat, who has announced that he will not seek re-election. Before that it had been held for several years by Republican Lee Rawson.

The her announcement, Alberson described herself as a native New Mexican who earned her bachelor’s of finance degree from NMSU and is a small business owner along with her husband, Dennis.

"Cathey is committed to Las Cruces, and knows the importance of community service," the announcement states. "She has been active in the Junior League and the Republican Party of Doña Ana County. Cathey has a heart for our youth, working with organizations that provide political education to our young people and encouraging them to be involved in their community, state, and nation. As a tennis coach for our youth, she has promoted active participation in the United States Tennis Association."

Alberson has also served other communities through mission trips to Juárez, New Orleans, and various cities in Texas, he announcement states.

"Cathey believes it is a moral responsibility to be involved in the lives of others and to serve them as opportunities arise," the announcement states. "As a mother of five, Cathey is passionate to see families represented and supported in the New Mexico Legislature. She sees a need for small businesses of New Mexico to have a voice in Santa Fe. The next generation will have to live with the decisions and actions of this generation and Cathey is resolute about leaving a legacy of ethical standards in business and life, while teaching young people how to be involved and responsible for their state."

The primary election is on June 5. The general election is on Nov. 6.

Archuleta announces House bid for District 36

Archuleta announces House bid for District 36

Sun-News report
LAS CRUCES — Phillip M. Archuleta, a Democrat, has announced his intention to run for the New Mexico House of Representatives in District 36.

The district has been represented since 2001 by Andy Nuñez, who was a Democrat for most of those years, but switched his party affiliation to independent at the start of last year's legislative session. Nuñez has announced that he will seek re-election.

Archuleta highlighted that difference in making his announcement.

"I have been a loyal Democrat and have never compromised my values or integrity to my constituents as a public servant or civic leader," he said. "I decided to run for this seat because I believe that House District 36 needs a true fighter that represents the real values of Doña Ana County."

Archuleta describes himself as a native New Mexican whose family has ties to the state dating back 400 years.

He said his priorities, if elected, would be water rights, affordable health care, protection of the environment and ensuring collective bargaining rights for workers.

"We need someone who will fight for education, health care, economic growth, but at the same time protecting the rights of the working and middle-class residents of the state," He said. "I will fight for these core democratic values and principles that demanded change in 2008. I will not represent out-of-state special interest groups that have ultimate issues, which spread hate, xenophobia and create distention in our state on issues that have nothing to do with the economy."

The primary election is on June 5. The general election is on Nov. 6.