By Hallie Richwine

Nickolas Seibel opened the virtual District 39 Candidate Forum on Monday, September 28, 2020. The forum was held via zoom and featured Seibel as the moderator, incumbent Democrat Rodolfo "Rudy" Martinez, challenger Republican Luis Terrazas, and Daily Press and Independent reporter Geoffrey Plant. The forum kicked off with opening statements.

Terrazas spoke first. "First of all I want to tell everyone I'm very proud to be running for office," he said. "One of the reasons I'm running for office is that last year I had some issues with some of the legislation coming down." Terrazas wants to make sure the local concerns are represented. "I am a local, from Silver City, and this is the first time I'm running," he said. "I'm married, I have five children, and I'm a local businessman. I was born and raised here in Silver City and there is a way that we have enjoyed growing up," he continued. "Some of those things are being stripped from us so I feel it is important to keep those values."

"First off, I'd like to say it's been an honor to work for you," Martinez said. "I will always stand up for the people." Martinez said he believes mining jobs are essential and he will continue to work for the residents and constituents. "I will continue to fight for small and local businesses. I will make sure veterans, our heroes, are taken care of," he said. "I went to Cobre, then WNMU, and entered an electrical apprenticeship through Kennecott and became a journeyman electrician." Martinez has participated in local government on many levels, from volunteer fire to the county commission.

Siebel asked the first question. "Certainly this is a seat that is historically democratic. The republican party is running strong candidates this year. I would like to know your perspective about what party affiliation means as a legislator."

"My perspective is that democratic values certainly differ from republican values," Martinez said. "I believe in organized labor, health care, and the rights protected by the second amendment." Martinez said he introduced the bill to do background checks to support responsible gun ownership. "There's a big difference between us and the republican party."

"I was a lifelong democrat," Terrazas said. "Unfortunately the values we grew up with have dramatically changed." He listed challenging the constitution with gun control debates and defunding the police as examples of those changes. "My values haven't changed," he said. His view on HB 51 is that it is too extreme and strips the medical professionals of their constitutional rights. "I feel like the democrats have left me behind. That's why I moved to the republican party."

The next question is what the candidate's experience or record is when dealing with taxation and working families.

"I would not be raising taxes like Rep. Martinez," Terrazas said. "He voted to increase taxes over fifteen times. In 2019 that was a half a billion dollars in taxes," he said. "If you want small businesses and families to survive, you can't increase taxes. If people are on a fixed income and the State of New Mexico is taxing their income, [the State] should not be doing that." Terrazas wants people to be able to keep more of their money, and he also said he is against things like tax credits to Hollywood. "If we want to give people jobs, we have to allow small businesses to thrive, and not suppress our residents with taxation."

Martinez said he wanted to set the record straight. "For one, I voted to lower taxes for families. I voted to expand the working families tax credit that helps families get ahead," he said. "I voted to close tax loopholes given to out-of-state businesses. I only voted on an increase to the highest earners in the state." Martinez said he's looking out for residents and not out-of-state businesses.

Seibel asked a question that came from the audience. "In the interest of bringing business to New Mexico, would you be for making New Mexico a right to work state and why?"

"Being involved in unions my whole life, I voted against the right to work," Martinez said. "I saw what happened during those years when we started losing the unions. The company has complete control over what employees are provided as far as benefits. The employee has to provide their own retirement and health benefits." Changing to right to work would employ a point system and Martinez is concerned about who would be deciding where the points go.

"One of the things I believe in is respect and integrity," Terrazas said. "I'm not going to make up stories without facts." Terrazas said Martinez even voted in favor of taxing beer. "It seems like when he gets a tax bill, he will support it." As for right to work, Terrazas believes the worker needs a good working environment, including good pay. "The union has been good at times, they have set the pace on important things," he said. "But on some things, they don't." Terrazas is not in favor of situations where an employee doesn't have a choice whether to join the union or not.

The next question came from Plant. Referring to the situation where the state police dismantled the home of an older woman after a standoff with her son, "there was little negotiation, and the man killed himself. The woman lost her home. She has since moved out of the area," Plant said. "Does the state need to address tactics like that, and does the state need to initiate reforms in general?"

Terrazas said he was sorry to hear of the event that caused the woman to lose both her son and her home. "My understanding is there was an exchange in fire," he said. "When the officers are in the position where they have taken on fire, i'm sure they didn't just dismantle it," he said. As for if he thinks we can do better, he said yes. "As far as reform we should always support our police and give them the funding and training they need."

"That was a horrific sight," Martinez said. "Of course she was distraught, losing her son and her home. Why was military-type equipment used; what has happened to our police department?" he asked. "That SWAT team came from Las Cruces." Martinez said officers ought to be aware of what they put families through. "Defund the police is not a good title," he said. He wants more community policing, when officers are able to get out of their cars and talk to people. "We need to provide more funding for departments so they can actually do this." Martinez is also in favor of training to help identify those with PTSD and to expand behavioral health resources to be used in conjunction with the police.

Seibel asked what the candidates plan to do to help municipalities thrive.

"Having been in local government, I know small communities rely on gross receipts tax," Martinez said. He said he understands how those communities struggle. "Speaking of police departments, they get $20,000 a year and I helped introduce a bill that increased that. That will be a plus for municipalities and police departments."

"First of all I want to remind Martinez that he voted on SB 8, which criminalizes police officers," Terrazas said. "Back to the question and small businesses. Government doesn't always have to try to fix the problem. Sometimes government IS the problem. It doesn't have to be in every aspect of our lives. Sometimes getting the government out of everything is a good solution," he said. "I will always support every municipality. As a legislator I will listen to their needs."

A member of the audience asked about the misunderstanding a few years ago when now Lieutenant Governor Howie Morales and Martinez did not read about the bill affecting the fire departments.

"This is the perfect example of reading the title, and the devil's in the details," Terrazas said. "There are beautiful titles but unfortunately the title and the body of the bill don't always match. It's important for us as legislators to dig deeper and see how it is going to affect the community," he said.

"We have to realize the state has to provide services," Martinez said. "New Mexico has not raised gasoline tax in years. An increase of one cent is over ten million dollars," he said. Martinez said they don't just raise taxes because they want to. "The fire fund was not diminished; instead of receiving a lump sum at the end of the year, they would get funds quarterly," he said. "As far as the hampering of fire departments, it was not so."

Another question came from the audience. "How can candidates say they support human life yet they won't eradicate systemic racism?"

"All persons, no matter how small, what age…All people matter," Terrazas said. "I won't support police brutality. I as a person feel that every person matters, no matter what. It is important for us to remember as a community we have to always move forward and make ourselves better." Terrazas said that question insinuates he only stands up for those still in the womb. "I teach my children to love the Lord, respect the Lord, and respect themselves."

"I don't condone police brutality. I think they need to be more community oriented," Martinez said. He believes that will solve some of the issues. He also thinks police should be trained in recognizing people with PTSD so as to engage them properly. He says he doesn't like the phrase, "defund the police," but rather wants other professions to be able to help police officers avoid those kinds of confrontations.

Plant asked another question, "We danced around this subject already; if elected, would you repeal the state's ban on abortion?"

"I believe in the sanctity of life," Martinez said. "Opposition to abortion does not mean pro-life. A child born is not a child fed. That's not pro-life, it's pro-birth. We need to have a conversation about the morality of pro-life," he said. He supports repealing the section of law adopted in 1969 criminalizing abortion.

Terrazas took a step back to the previous question. "Going back to defunding the police, renaming it doesn't change the taking of guns away from them. I believe we should support the police and the needs they have. The Sierra Club are for defunding the police," he said. Terrazas said HB51 takes away the conscious clause. His concern is that medical professionals will be forced to perform actions they are morally against.

"This will be a hot issue," Seibel said, "We talked about last session's bill, and no doubt it will come up in the future. Do you foresee the possibility of a bill that you would support that would repeal the state's law?"

Terrazas said he would repeal the old law. "The real issue is that the governor has vowed to pass this bill where it carves out the conscious clause," he said. "We should support all women, in trying to move forward as a community and finding a better way to build a bridge. We need to give women as much information as possible when making that decision. It's not just right or wrong. We need to give solutions like adoption and abortion. I know people that today have beautiful children and are happy they supported their choice to do that."

"Is there a bill that you would support, keeping in mind that abortions didn't magically start in 1972?" Seibel asked.

"I would support a bill that draws the line on abortion," Terrazas said. "We need to start by finding and drawing the line, abortion at nine months is brutal. I would support legislation that would draw a line and support young women with education."

"I did vote for the bill and we need to provide health care for women," Martinez said. "This is the hardest decision a woman may have and we need to follow up with compassion. We need to provide education on how to prevent pregnancies. We need to make sure people are not crucified for having abortions. I support the idea of providing health care, and having the right to choose. Ultimately it is a decision between her family, her doctor, and her faith. These situations are very touching and for that reason I supported that bill."

The audience asked about the candidates' opinions on continuing the Gila River diversion project.

"This has been around for a number of years," Martinez said. "I do not support the diversion. I want to see that money spent in the counties, in the communities that can't afford to drill a well. The original bill says local water projects. We need to get away from the diversion and look at the basic needs of supporting local communities."

"One of the most precious things we have is water," Terrazas said. "You know, right now the water is going to Arizona, it flows into the San Carlos and is sold to Phoenix. Look at what we lost in Elephant Butte. Water is super precious," he said. Terrazas wants to review existing environmental protections before making new ones.

Seibel expanded the question, "We have to pay Arizona, specifically the tribes, in order to get the water. Do you support this diversion as it is being proposed?"

"That is something that needs to be addressed by the commissions," Terrazas said. "That money has already been allocated. You can't put a price on water once it's gone. When you don't have any water, your communities are gone." Terrazas believes water will be scarce in the future. "On the flip side, it definitely is a big asset that New Mexico has and should try to preserve."

"I introduced two bills and neither made it through," Martinez said." He has worked to get Hurley and the surrounding communities water. "The diversion they are talking about will hurt flow. Farmers would spend $175 dollars per acre for that water." He said he hesitates to spend that much money for a project that is not viable.

Seibel asked if the effort for Gila diversion would be supported by the candidates.

"I wouldn't support it," Martinez said. "The original bill designated the State Engineer to oversee that funding. To have the CAP entity manage the money and refuse to have local water projects? That funding needs to be used now for Hurley, Bayard, and Santa Clara."

Terrazas brought up the Wild and Scenic designation. "[It's] kind of tied into that. I've talked to a lot of farmers and ranchers. I know there is a lot of concern," he said. "Do we want to preserve the Gila? Absolutely. And so I'm going to tell you, when you get north of Turkey Creek, it is wilderness. Wilderness is already protected by the Wilderness Act." Terrazas said he would support a Wild and Scenic designation where it doesn't affect the water usage for farmers, ranchers, and the mine.

Seibel clarified that there are two bills, one to take funds and one to designate the entity in charge.

"I would have to read them. I would support the municipalities having the funding," Terrazas said. He believes supporting those municipalities nervous about water security that would be an incredible asset.

Martinez said he has supported the Wild and Scenic designation. "I felt the Gila river is so important to us and our Native American brothers and sisters," he said. "It helps the terrain and makes for a healthier river."

Plant asked another question of the candidates. "If elected, in the coming term how will you work to develop better access to health care, specifically the aging population and behavioral health services?"

"That is very important," Martinez said. "We saw what happened in the last administration when behavioral health was decimated." He said the current administration is working to bring those services back under the guidance of Dr. David Scrase, Brian Blalock, and Kathleen Kunkel. They created a consortium to work on behavioral health services to bring back much needed resources. "For all citizens, we need to provide access to health care." Martinez says that we have great facilities in HMS, Gila Regional Medical Center, and numerous private practices. "We need to make sure reimbursements are compatible with the northern part of the state and retain doctors."

Terrazas revisited the Wild and Scenic Designation topic. He said he has talked to ranchers and he is not sure if people are paying attention to section 7 of the documentation, where it specifically talks about water rights and property rights. "That is something that needs to be looked into." he said. "As for health care, it is important to support our rural hospital. If we don't have good health care, people will leave," Terrazas said. "Having poor health care and not supporting good doctors is a detriment to the state."

Seibel asked another question that came from the audience. "Since both of you are concerned with women getting adequate health care, do you support the health security plan?"

"New Mexico has already accepted the Medicare expansion," Terrazas said. "The ten percent that do not have health care are doing that by choice. The proposal is one of the most aggressive in the country. We are under a budget crisis as it is."

Martinez said he supports the New Mexico Health Security Act. "It becomes a level playing field, even for those with preexisting conditions. It lowers the cost per individual. That is the very reason people choose not to be insured, the cost."

Someone from the audience asked the candidates what they have done and plan to do with COVID-19 spikes.

"The governor has done an excellent job at setting plans to reduce the number of cases," Martinez said. "It appears to be working. Locally if we comply with wearing masks and socially distancing, we will succeed in lowering our numbers here." Martinez said that is why the Democratic party is not going door-to-door.

"That's one of the differences we have," Terrazas said. "I do not support a socialist program like that." Terrazas said when it comes to door knocking, he's an undertaker and this isn't the first virus he's dealt with. "When I go to a door, I move away using social distancing, and I wear a mask." He says we're lucky in this area to be sparsely populated.

The audience mentioned that crime rates in New Mexico is one of the highest in the nation, and asked what the candidates aim to do about that.

"I'm not a person that proposes defunding the police," Terrazas said. "We have to support law enforcement. They need the funds and equipment to do their job. There needs to be a balance, we don't want to support those that are out of bounds." Terrazas says the majority of police officers are good people.

"I have made it clear that defunding the police is not the right thing to do," Martinez said. "They need enough funding for training, and for social workers and psychologist to be able to get to the scene. It is important to identify and make sure we have a system that is going to make our community safe," he said. "There's been a rash of burglaries and drive-by shootings. We need to have enough officers on the streets to avoid these situations."

"In the last six months we have seen the western states up in flames. Is it poor forest management, climate change? What are your views?" Seibel asked.

Martinez said there are programs that need reviews and expanded. "Certainly as far as the federal government, it is their responsibility as well to make sure we have a safe forest." He said bringing back the timber industry and forest thinning would help, and we need to make sure those programs continue to exist.

"Of course I want to have healthy land management," Terrazas said. "Some of the best stewards of the land are farmers and ranchers. We should always support forest thinning and thinning around the roadways."

Seibel asked the candidates if they support the Green New Deal and if they thought it would affect mining.

"The Green New Deal is more than that," Terrazas said. "It's adding regulation, trying to move to an environment that is using more and more clean energy. The budget and jobs are sustained through oil, gas, and mining." Terrazas says we have to seek balance as we change over. "New Mexico and Texas are some of the biggest oil producers in the world, and I believe we are doing a cleaner job. If we stop doing that here, then other countries will be doing it and not at the level we are. Our country is the leader in environmental protections," he said.

Martinez said solar, wind, and geothermal resources are our future. "It's a long-term process. The oil industry was providing 44% of the budget. Climate change is not only in New Mexico, it is happening across the country." Martinez also said it will be a balance to produce clean energy and to reform regulations on the industries that are currently the backbone of the budget.

Seizable asked the candidates about Outdoor Equity.

"Tourism is a big part of Grant County but in the pandemic we saw a loss of revenue," Martinez said. "We need to continue to financially support the Department of Tourism and the Department of Cultural Affairs. We've seen losses of the Tour of the Gila and the rodeo." Martinez said events like those fill up the hotels and restaurants, and "we need to secure adequate funding to keep them going."

"One of the biggest assets New Mexico has is the environment," Terrazas said. "One of my proposals is to leverage that by investing in parks and recreation." He said one of those tools is publication of maps of places to visit statewide.

Seibel asked about the notion that raising minimum wage raises the economy overall.

"Not all businesses can afford fifteen dollars per hour," Terrazas said. "When we give a minimum wage, that is the floor of where the economy will be." He said even in Las Cruces businesses close or reduce hours due to higher wages. "The consumer has less service and higher prices. We need to fight for an employee that is good, that's the real market. We need to find ways to increase jobs so people have the opportunity to find jobs." Terrazas thinks businesses have suffered losses already.

Martinez said places like Santa Fe increased the minimum wage before it was law and there was not a loss in revenue. He points out the difference between the lifestyle in Santa Fe and in Silver City.

Seibel said it was time for the time machine question. "Imagine for a moment we are sitting here together, two years in the future. You are running for reelection. What is the one accomplishment in the past two years that you are most proud of?"

"My proudest moment is the privilege to serve," Martinez said. "Every piece of legislation is very important to me."

Terrazas says there are three things he will be proud of. "I did everything I could to support as many jobs as I could. The second is to have some tax reform for those on a fixed income by removing the tax on their income and SSI. I'd also like to know that I worked on legislation to draw the line on late term abortion; that's an extreme way to take a life."

Seibel then asked for the closing statements from the candidates.

"I want to tell you that I, as a person, have always been open and available to people," Terrazas said. "I believe in term limits. Representative Martinez has been in Santa Fe too long." Terrazas can be reached via Facebook, by telephone at 575-313-4262, or at his website.

Martinez said he knows Santa Fe has a different culture than here in Silver City. "My home is in Grant County. That is where I was born, and that is where I will be buried. I know when you have the title of State Representative you never forget your heritage, and when you can help a constituent that needs help." Martinez can be reached by telephone at 575-534-7546 or at his website.

Seibel reminds everyone that absentee ballots begin to be mailed this week. For more information about the election, visit the Secretary of State website.