VOTERS' GUIDE

LEAGUE OF WOMEN VOTERS OF

GREATER LAS CRUCES

Copyright © 2007 Prepared by the League of Women Voters of Greater Las Cruces

LWV/GLC, P. O. Box 8322, Las Cruces, NM 88006 (505) 542-VOTE (8683) http://www.zianet.com/lwv

TABLE OF CONTENTS

MAYORAL CANDIDATES

CITY COUNCIL CANDIDATES

MUNICIPAL COURT-PRESIDING JUDGE CANDIDATES

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The League of Women Voters of Greater Las Cruces is a nonpartisan organization that provides information about political issues and candidates for public office in order to promote greater citizen responsibility and participation in government. Because the League is nonpartisan, it DOES NOT support or oppose any political party or candidate. It does publish and distribute factual information for citizens to use when preparing to vote.

The information in this Voters' Guide was obtained by means of questionnaires sent to all the candidates. Their answers are printed exactly as received by the League. Because of space restrictions, candidates are limited to a specific number of words. Also, lists are converted to paragraphs and responses are converted to normal text.

All candidates are listed in alphabetical order. Three dots at the end of a candidate's response indicate the word limit has been reached.

Disclaimer

The information in this Voters' Guide has been carefully assembled and compiled to assure maximum accuracy. However, the LWV/GLC assumes no responsibility either for correctness of all the information furnished to the League by candidates or other organizations or for errors or omissions. In instances where there is a question of potentially defamatory content, the League will defer to the opinion of counsel.

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LAS CRUCES MUNICIPAL ELECTION

NOVEMBER 6, 2007

A Municipal Election will be held on Tuesday, November 6, 2007. This Municipal Election will fill positions for Mayor; City Council Districts 1, 2, and 4, and Presiding Judge for the Municipal Court.

If you are a citizen of the United States, 18 years of age or older on Election Day and are registered to vote in Doña Ana County, you may vote in this Municipal Election. All eligible voters can vote on the Mayor and the Municipal Court Presiding Judge. If you live in Districts 1, 2, or 4, you will also be eligible to vote for a City Council candidate from your district.

If you have a question concerning the election, please phone the Las Cruces City Clerk's office: 541-2115. The Voters’ Guide is also available on the Internet at www.zianet.org/lwv

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VOTING INFORMATION

REGISTERING TO VOTE

Anyone who wants to vote in this election must have already registered to vote in the City of Las Cruces. If you have not yet registered to vote, you have already missed the deadline, and will be ineligible to vote in this election. The deadline was October 9, 2007.

VOTING BEFORE ELECTION DAY

Absentee Voting By Mail

Any person qualified to vote may vote by absentee ballot. You do not need to give a reason to vote absentee. Your own convenience is reason enough. Apply by phone, 541-2115, or mail for an absentee ballot application with the Las Cruces City Clerk’s Office, located in City Hall at 200 N. Church Street., Las Cruces, NM 88004. The City Clerk's office will verify the application information and mail your absentee ballot to you upon verification. Friday, November 2, is the last day the City Clerk's Office will mail out absentee ballots. The ballot application contains instructions for completion and return. Beginning Wednesday, October 10, you may obtain an application for a ballot in person at the City Clerk's office.

If you apply for an absentee ballot and receive it, you must vote that ballot.  If you apply for, but do not receive the absentee ballot, you may go to the city clerk's office until 5:00 pm, Friday, November 2, and apply for a replacement ballot

Your completed ballot must be received in the City Clerk's office no later than 7:00 p.m. on Election Day, Tuesday, November 6. All ballots delivered by mail must be turned in to the City

Clerk's office. Only the applicant or immediate family (spouse, children, parents, brothers or sisters) may return the ballot. When voting early on a paper ballot, your ballot will be placed

in a secrecy envelope and counted with the rest of the absentee ballots on election night.

Absentee Voting in Person (used to be called "early voting")

Any person registered to vote within the Las Cruces city limits may vote absentee in person on a paper ballot at the City Clerk’s office beginning at 8:00 am on Wednesday, October 17, until 5:00 pm on Friday, November 2. In addition, it will be possible to vote on Saturday, October 20 and 27, and November 3, from 10:00 am to 6:00 pm.

VOTING OFFENSES

Voters are obligated to report voting offenses to the City Clerk or the District Attorney. Voting offenses are:

    Any form of campaigning within 100 feet of a building containing a polling place.
    Using or possessing or carrying alcoholic beverages within 200 feet of a polling place.
    False voting, such as, voting or offering to vote although not qualified or voting in a precinct where not registered, voting in another's name, voting more than once during a single election, or assisting another person in committing a voting offense.

ELECTION DAY

On November 6, the polls will be open from 7:00 a.m. to 7:00 p.m. Your registration card carries your precinct number where you are registered as well as your polling location. If you do not have your registration card, contact the City Clerk (541-2115). Watch the Las Cruces Sun-News or The Las Cruces Bulletin for a list of polling places and their addresses

There will be someone who speaks Spanish at each of the polling places and at the City Clerk's office.

RUN-OFF ELECTION

If no candidate receives forty percent (40%) of the votes cast for a particular office, a runoff election shall be held within forty-five (45) days after certification of the results of the election.

The two (2) candidates receiving the highest number of votes cast for the office in question shall automatically become the candidates at the runoff election. (from City Charter, Sec.7.05 c )

 

 

 

Candidate Responses

Questions for the Candidates for Mayor of Las Cruces

(75 words each)

 

1. What steps will you initiate and/or support to ensure that the pacing of development in the newly annexed portions of the city are in step with the development of the infrastructure necessary to make it livable for all, i.e., roads, sewer, water and open space?

2. With the expanding population, library services are inadequate. What do you see as the city’s role in addressing this problem?

3. What are your views about the consolidation of the Magistrate and Municipal Courts into one Metropolitan Court?

4. Would you be in favor of a Citizens Oversight Committee for the Las Cruces Police Department? Explain your rationale.

 

 

William "Bill" Mattiace

1. Building has never outpaced infrastructure in this city. Our modest 2.9% growth rate, combined with careful and vigilant oversight by the city’s Development Review Committee will ensure that our smart growth policies, in which developers pay for infrastructure, will continue. What I most support is our commitment to water rights purchases that support our growth.

2. Expanding library services is an often over-looked issue. Clearly our library system needs to branch out. I believe another branch would be well placed along with one of senior centers perhaps near one our new pools, creating a ‘municipal campus’ that would bring diverse citizens and even different generations together in a more cost-effective facility. Using new technologies would also help in making sure our library resources are being most effectively utilized and . . .

3. While I realize the study shows a financial incentive to consolidate, I’m not completely convinced that those elements of the ‘People’s’ Magistrate Court, including the inherent self-representation, wouldn’t be missed by the combination of the courts. There are some elements of a small town that I want to hold on to, and I’m not sure the critical mass is there to make this a priority at this time.

4. I’m not in favor of this proposal because I believe that any body created to provide oversight, no matter how good the intentions, becomes itself a target for scrutiny. The people should elect those who oversee the police, and they have, the City Council. I take complaints about police misconduct seriously, as does the rest of the Council. It’s our responsibility and should not be placed in the hands of yet another layer of politics.

 

Ken Miyagishima

1. I would do what the current mayor has refused to do: develop ordinances to require that adequate land be set aside in new subdivisions for parks, schools, open space, and walking and bike trails. I would require that planning take into account the cumulative effect of development on traffic, water, and drainage. Finally, the public should have complete information about major projects and be an integral part of the decision-making process.

2. Libraries play a crucial role in the life of our community. I would like to expand our current library and, when necessary, add branch sites. One possibility is to partner with the school district in expanding school libraries into "community libraries" open to the public.

3. According to state statute, once the population of Doña Ana County reaches 200,000 people, the city and county will have the option of consolidating our magistrate and municipal courts into a Metropolitan Court system. Until that time, the Magistrate and Municipal Courts are functioning adequately.

4. The Las Cruces Police Department does an excellent job, with dedicated professional officers at every level. At the same time, the public wants and deserves an opportunity to have their complaints taken independently and fully evaluated. The first step should be the hiring of an ombudsman for public safety concerns who reports directly to the mayor and city council. If this proves unworkable, then I would support a citizens’ oversight committee.

 

 

Questions for the Candidates for City Council

(75 words each)

 

1. What steps will you initiate and/or support to ensure that the pacing of development in the newly annexed portions of the city are in step with the development of the infrastructure necessary to make it livable for all, i.e., roads, sewer, water and open space?

2. With the expanding population, library services are inadequate. What do you see as the city’s role in addressing this problem?

3. What are your views about the consolidation of the Magistrate and Municipal Courts into one Metropolitan Court?

    Would you be in favor of a Citizens Oversight Committee for the Las Cruces Police Department? Explain your rationale.

 

City Council, District 1

Jose Frietze

    The areas that have been annexed have shared in the provision of land for schools, parks, citywide trail systems, and city facilities. The major roads for Vistas will be built prior homes going up as per agreement with the developer. All other infrastructure will be the responsibility of the developer. Since the infrastructure must be built prior to homes going up the growth of the subdivisions will be dictated by the sale of lots.

    The expanding population continues to place a demand on all city services, fire stations, police, utilities, and recreation, and senior programs. The City will eventually have to provided library services in the same manner as many other services are now provided; on a regional basis. I will continue to emphasis the need for state and federal funding to construct these facilities.

    I support the consolidation of Magistrate and Municipal Courts in one court system. Consolidation will provide for consistency in addressing traffic infractions, and misdemeanors, felonies. The current two-court system is not consistent on sentences and we need to address this issue.

    I would not discount the creation of a Citizens Oversight Committee of the Police Department. However, before I would support taking action on that approach, I would want to provide a public explanation of the current process. Should the current system be found to be lacking adequate oversight, I would then want a presentation on the merits of a Citizens Oversight Committee.

 

Conrad M. Guerra

    If this is being done by a contractor or a developer they should be responsible. For there development under city codes to make sure that it is done right if it is the city this need to be done according to specified codes inforcment for future quality.

2. Library services should be establish with the population by districts – Like for a district of 20,000 population they should have there own library – instead of have just one over crowded.

3. I think it is a very good idea to consolidate the two courts this way we can save some money by all courts to be together that way they can acomadate each other.

4. Yes this is a think for oversight committee I know for a fact that there are some cops that are not compiling with there codes of law enforcement duties especially on there reports or for that fact in being prompt to there calls.

 

Rondeau M. Gurley

    I am researching and learning as much as I can about the "sinking fund" and the "tax incentive development district" approach to pay for needed infra structure. I am currently investigating a new program that has been approved for a large development in Albuquerque. I am searching the legislative history of a 2006 bill that was signed into law that enables a city to approve a tax district.

2. I believe the city should provide the library services needed in accordance with our population growth. The funds for operation would need to be budgeted from the general fund. All facility improvements and additions should be requested as part of our capital outlay requests to the legislature and the governor. The city should seek additional funds through a continuing search for grants and donations.

    In the next census we will reach a county population of 2000,000 (year 2010) this will require all magistrate judges to be attorneys. We should transition toward a metro type court which must have a pre-trial services and some version of a mental health court.

    Yes, I would favor some version of a review board. This board should have a cross section of citizens that would include individuals that have experience from law enforcement and the criminal justice system.

 

 

Miguel G. Silva

1. First, acknowledge that there is no plan in place providing long-term financing for the annexed portions. Second, request a true picture of the actual projected costs of these areas. Third, provide this information to the public for review including financing options that will have the least impact upon city taxpayers. Fourth, monitor growth to be consistent with proven water reserves. Finally, adopt an open space policy that is fair and benefits the entire city.

2. Libraries have always played an essential role in our lives, but the Internet and computers are changing the activities and services libraries provide. Historically, they have been a social gathering point and should continue to play such role. The City should first call a committee of experts in the future of community libraries, to show us what to expect and plan for. Then we can make forward looking plans that benefit all City residents.

3. I am not qualified to answer this question, but have read where such consolidation has occurred in other municipal regional areas. If the question were to come before the City Council, I would seek the best expert opinions for the entire City Council to assist in forming the best decision.

4. Yes. We have a committed Police Department and it is essential our citizens have full confidence and trust in their police force, as in all branches of city government. A Committee of responsible citizens could review issues and provide residents with assurance that their interests have been fully represented. This committee can also support the Police Department when it needs additional resources. This is one of many areas in which I support increased public participation.

City Council, District 2

Vincent Boudreau

    New subdivisions should benefit the developer and the community as a whole. We should institute best practices from around the country for new development, including standards for parks, schools, open space, roads, sewer, water. Central to this effort should be meaningful citizen participation in planning our future.

    City’s Master Plan approved a 40,000 square feet addition to the existing library at about $15 million. Even if funds were available, the addition would encroach on Johnson Park. There are state funds available to possibly expand the children’s section of the building. Strongly suggest a 20,000 square feet branch library on the east mesa. Foster cooperation between the City and School District to allow more efficient use of school library facilities by more people.

    When the local population reaches a higher lever, city and county can approve the Metropolitan Court system. Magistrate court is known as the "people’s court" because it covers many of the daily aspects of our lives and the judges are not required to be lawyers. Consolidation now would be desirable but unlikely due to funding constraints. Metropolitan courts have higher standards for the judiciary with standardized procedures and are funded by the state.

    Police officers have complex duties requiring intelligence, intuition and quick decisions. Las Cruces has an excellent police department. Should complaints be forthcoming, an independent mechanism should be developed with input from citizens and the LCPD so that fairness and public trust remain central to the process.

 

Dolores Connor

1. The recent annexation requires Lohman and Dunn Streets to be completed before any subdivision may be started. This will provide the first step in infrastructure needed while aiding in the movement of traffic. The long term planning of this area will be multi-use, creating neighborhoods and commercial areas with walking paths, bicycle paths, parks, schools, fire & police stations while maintaining the views of the mountains.

2. I am participating in the Library Expansion Committee that is planning the addition to the current library with additional square footage and improvements. The expansion of Branigan would not only increase space; but also help to consolidate and reorganize user flow. Our discussions have also included an additional library on the east mesa along with incorporation of dual use libraries at the public schools for after school and weekend use.

3. Two years ago a task force reviewed a Metro Court system for Dona Ana County. As the County reaches the required population a clear and smooth court system is critical to insure that everyone is treated fairly with the best representation in their cases. Certain cases such as DWI may be well served in a Metro Court. With the construction of a new Magistrate Court facility, the entire system should be reviewed again.

4. All officers are trained in NM to follow the "Reactive Control Model" responding with the correct amount of force to be used in a situation. This training is done to protect both the citizen and the officer. At this time, LCPD has less than 1% of cases requiring review in comparison to the large number of confrontations with citizens, which does not support the need for an oversight committee at this time.

City Council, District 4

Isaac E. Chavez

    The City Council must ensure that developers pay for and build the necessary infrastructure before any subdivisions are built. Citizens’ tax dollars should not be used for such new infrastructure expenses. The Sonoma Ranch Blvd. model where roads are half done and bridges missing must never be allowed to happen again. We are prosperous enough now that it is reasonable to require infrastructure to be put in before any homes or businesses are built.

    As a Councillor, I would support the creation of a Capital Fundraising Foundation that would allow the Library to start receiving local funding support for the much needed expansion of our main Library. We should also continue to seek Legislative funds, consider a possible city bond issue and expand the Bookmobile program. With circulation up 41% in the past 5 years, it is imperative that the City Council address this issue seriously and aggressively.

    A Metropolitan Court is allowed for by the New Mexico State Legislature in cities that reach a certain population density. Albuquerque is the only municipality to institute one so far. Whether or not Las Cruces and Doña Ana County should merge their Courts is a highly debatable issue that at the end of the day would have to be decided by the voters in order to amend the Las Cruces City Charter.

    Citizens Oversight Committees have been necessary in other cities around the country where there have been epidemics of police abuse and corruption. Fortunately, here in Las Cruces we do not have such systemic abuses. Our Police force is professional and well trained. We have a crime clearance rate of 75% which is triple the national average. There are already several layers of oversight review procedures in place in the event that police misconduct is alleged.

 

Steven Montano

1. It is critical that elected officials are in tune with their constituents at all times, not only when election time rolls around. I will advance intiatives in conjuction with my constituents and all stakeholders to determine: Is Growth paying for itself? How does a growing population base impact our city’s transportation system? Are the older city neighborhoods-like District 4 having their basic city services needs met?

2. As a father of two young sons who use the great services of the Las Cruces public library I am in full support in seeking added funds from the state legislature to insure that our library services are in line with the city’s needs since on any given day there are long lines to use the computers at the library, when elected to city council, I will champion to increase funding for library services.

3. With the growing population in Dona Ana County and the added case loads to the judicial system we need to examine the consolidation to a metro court system thus cutting down on administrative expenses and increasing the production on the court system to insure fast and fair justice.

    I am in favor of a citizens oversight committee provided the view of law enforcement is represented on that committee. This would insure that a system of checks and balances provides fairness to the citizens and law enforcement officers. The citizens oversight committee should also be tasked with recommending that budgets are in line with services being demanded from the police department the citizens on the committee should also attend the citizen police academy.

 

Nathan Small

1. A carefully planned, step-by-step approach that stresses accountability will ensure livable neighborhoods in new annexations. Development and growth should not drain resources from existing residential areas. Public safety infrastructure for fire and police protection must be given priority. I’ll fight for proactive city council actions—informed by active public participation and backed by strong ordinances reflecting an enforceable comprehensive plan—that will allow phased development to proceed only after successful building of necessary . . .

2 Public libraries are good for the community and essential for a functioning democracy. The city should fully support the main library, which helps anchor our downtown. We know that all ages benefit from library services like meeting rooms, internet, and free access to extensive information. Therefore, Las Cruces must work to involve the public schools, retirees, NMSU and others in cooperative efforts to establish and then maintain branch library locations.

3. Currently Albuquerque is the only city in New Mexico with a Metropolitan Court, but the option will be made available to Las Cruces and Doña Ana County as we grow and our population reaches 200,000 people. Since consolidation of the courts is likely inevitable as our population grows, we should use Albuquerque’s Metropolitan Court experience to better chart our own path.

4. Las Cruces Police Department officers face daily dangers serving our community. Innovative programs like Targeting Neighborhood Threats (TNT) bring officers and the community closer together for safer streets. Policing private citizens is by its nature a complex and sensitive endeavor. Some kind of independent oversight is essential. If the result is a Citizens’ Committee, collaborative guidelines must be carefully worked out between LCPD and citizens that provide independent oversight and promote understanding and trust.

 

Questions for the

Candidates for Municipal Court – Presiding Judge

(2 Questions, 150 words each)

 

1. What experience do you believe a Municipal Judge needs? What does being a judge mean to you? Why would you make a good judge?

2. Are there any improvements needed in the Municipal Court? How would you as a judge address them?

 

Melissa Miller-Byrnes

1. In addition to being a licensed attorney, the presiding municipal judge needs to have the appropriate judicial administration training, education and legal experience to fulfill the required tasks which include: administering the budget, addressing personnel issues, setting policies, pleadings, and practices for the court. Since the Las Cruces Municipal Court is created by a home rule charter, it does not fall under the supervision of the state’s administrative office of the courts. Becoming a Fellow of the Institute for Court Management of the National Center for State Courts has provided me with the necessary skills to be an effective Presiding Judge from the bench as well as a leader for the city’s third branch of government. Being a judge means you have to make daily decisions without fear, accept criticisms whether warranted or not, and demand high standards of yourself and from others within the administration of justice system.

2. Court community awareness is important because it is at the court where the citizens experience the cutting edge of the law. While elected officials debate the issue of whether our community is best served by a consolidated court system, the municipal court affords valuable services to the community by reducing barriers to the citizens’ access to justice while providing meaningful participation. Additionally, increased knowledge and acceptance of the court’s role in acting as a check and balance upon the actions of the other two branches while affording maximum local self-government as provided in the City’s home rule charter is necessary to maintain public trust and confidence in the judiciary. Lastly, interbranch communications achieved through the enlightenment of others of the court’s role in city government and its services to our community through various forms of the media and through the mutual cooperation of the other two branches.

 

Conrad F. Perea

    I believe a municipal judge needs life experience along with competence in the law. Experience in making decisions based upon the facts presented to them and applying these facts to the law. Experience in considering all circumstances that would impact those facts. Being a judge means treating people with courtesy and respect. It means having a temperament that will not turn people away but will bring people into the court knowing they will be treated with dignity and fairness. It means making decisions by listening carefully to the facts of a case without bias or prejudice and applying the law appropriately. I have proven my ability to be a good judge on the magistrate court bench. I possess the judicial temperament and attitude that creates an atmosphere of fairness and caring. I also have proven that I am hard working, competent and able to apply the law appropriately.

    The municipal court needs to improve its relationships with other participants in the judicial process. In the past months, DWI and Domestic Violence cases have been filed and are now being filed in other courts. I will reform the working relationships with prosecutors, defense attorneys and law enforcement to ensure that DWI and Domestic Violence cases be addressed lawfully and appropriately. I will apply the law correctly in my decisions in these and all cases and in any counseling or punishment that should be ordered. Additionally, the municipal court must be more responsive to the needs of the community in regards to efficiency and effectiveness. I will work hard and will be on time for all of my hearings and trials. I will work to address each person coming into the court so that their needs are met in a timely manner. Citizens are our customers!

 

 

Special thanks go to The Las Cruces Bulletin for all their help with this publication.

We also received major assistance from the following:

Esther Martinez, City Clerk

Udell Vigil, Public Information Officer

And assistance from the following members of the League of Women Voters

Cathy Mathews, President

Marnie Leverett

Nancy Phillips

Susan Joanis

Bonnie Burn

Donna Tate

Voters’ Guide Editor, Janet A. Stevens

Voters’ Guide Asst. Editor, Dale E. Yeo

 

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Please place in a separate box on first page.

2007 ELECTION LAWS FACT SHEET

ALL VOTERS SHOULD BE PREPARED TO VERBALLY PRESENT OR PHYSICALLY SHOW AN ID TO VOTE!

NOTE: ABSENTEE BALLOTS MAY BE ACCEPTED IN SIGNED AND SEALED ENVELOPES AT THE CITY CLERK’S OFFICE UNTIL 7 PM ELECTION DAY,

 

 

THIS ELECTION DAY, KNOW YOUR VOTING RIGHTS

 

Every registered voter in New Mexico has the right to:

• Inspect a sample ballot before voting;

• Ask for and receive instructions on how to operate the voting machine or mark a paper ballot;

• Vote by emergency paper ballot if the voting machine is broken and cannot be repaired in a reasonable length of time;

• Ask for, receive and vote another paper ballot if your paper ballot is spoiled or defective;

• Cast a ballot if you are in line when the polls close at 7:00 p.m.

• Be assisted by a person of your choice if you are disabled or need help reading the ballot (your employer or an agent of your employer, an officer or agent of your union or a candidate on the ballot for this election are not allowed to provide assistance); and

• Vote free from intimidation by election officials or any other person;

False voting, bribery, coercion or intimidation are election crimes and subject to prosecution.