AlamogordoConservativeDaily.org: 3 Interesting Otero County Local Political Races: Will They Buck the Mid-Term Curse Dating to FDR?

New Mexico joined the Union in January 1912. It has participated in 28 presidential elections through 2020, alternating some extended periods of support for Democratic and Republican candidates. Democrats have now won 7 of the last 8 elections, including Joe Biden’s 54% to 44% win over Donald Trump in 2020.

Candidates Reverend Warren L Robinson veres John R Secrest lll face off for Otero County Magistrate Division One (2nd Life Media AlamogordoTownNews.com)

Locally in Alamogordo, Otero County, New Mexico

In Otero County, it appears the Republican stronghold is strong and in place and most races are a given to swing to the Republican candidate with ease. 

However, there are three races of interest this mid-term election that could be seen as competitive for a variety of reasons.

The position of magistrate judge in Otero County is typically a snooze as to what to expect of an outcome. However, this midterm election for magistrate Division One and Magistrate Division Two there are interesting dynamics at play.

The position of magistrate is one that does NOT require a law degree, and candidates typically, are individuals well embedded in the local political party system.

 The position of magistrate in Otero County has historically been made up of candidates that come from the “political machine” and as such, the position has been riddled with controversy, the last several years with political games alleged locally and via former Governor Martinez…

April 2022-

Most recently Otero County Magistrate Judge Steve Guthrie agreed to resign the Division I seat April 25, 2022, ending further disciplinary proceedings related to a judicial inquiry by the New Mexico Supreme Court which began in 2021. Guthrie’s resignation became effective April 25, according to New Mexico Supreme Court documents when the court granted a petition for permanent resignation “in lieu of further disciplinary proceedings.

In September 2021 the Judicial Standards Commission asked the court to open a disciplinary inquiry related to a slew of alleged misconducts by Guthrie. The Commission had conducted its own inquiry into the allegations beginning in January 2021. Among the allegations were improper sentences and incarceration for defendants, improper bail issuance, failure to complete required paperwork, engaging in judicial activities without proper jurisdiction, judicial misconduct and violation of a defendant’s right to due process. 

 Guthrie was censured prior to that incident in 2019 by the New Mexico Supreme Court for misconduct related to a spat he had with a neighbor.

Link to 2019 Judicial misconduct case: https://www.nmjsc.org/wp-content/uploads/2019/04/2018-031-Pet-to-Accept… 

December 2017- 

Otero County Magistrate Judge Scott Newton officially resigned from the bench and withdrew his candidacy for 12th Judicial District judge. Newton said he was tired of the politics being played at the local and state level because of him taking a leave of absence due to a medical issue. Newton said he was not going to have his good name destroyed or put his family through it. “They’re attempting to use this legal absence that I took for a basis that I am unfit to do my job,” he said to the Alamogordo Daily News in 2017 “It’s a total lie. There’s nothing wrong with me. I do have my own personal health issues to deal with, but it’s not an issue in terms of being a judge. It’s just somebody wants to make it an issue. I am not going to stick my neck out there and get it chopped off. It’s just not worth it. Especially with the medical issues that I’ve been dealing with, I don’t have the energy or stamina to fight that fight or put my family through that fight.

Newton was elected to the Magistrate Court Division I judge’s seat in 2010 after Judge Richard Stokely retired from the bench.

April 2016

Otero County Magistrate Court Judge Gene C. Galassini hung his robe up in April 2016 also under a cloud of criticism.

Per the Alamogordo Daily News at the time, “Galassini, 59, decided to resign or in his case retire from the bench because of health reason but more importantly to spend time with his three grandchildren. He and his wife, Rocky, also just celebrated their 40th wedding anniversary,” at the time of his resignation.

“It’s the stressful nature of the job,” Galassini said. “I’ve got three grand babies plus one on the way. It’s just time to start spending some time with them.”

He was first elected Magistrate Court judge in 2006 then took the bench in January 2007 after 23 years of being an officer with the New Mexico State Police in Las Cruces, Roswell and Alamogordo. Galassini retired as a lieutenant from State Police District 8 in Alamogordo.”

However, records with the State Supreme County show that the resignation may of had more to the story; then stress and health issues. 

The New Mexico State Supreme Court granted the State Ethics Commission’s Petition to Accept Stipulation in Light of Permanent Resignation from Judicial Office concerning Otero County Magistrate Judge Gene C. Galassini, Supreme Court Case No. S-1-SC-35791, JSC Inquiry No. 2015-074. “The Supreme Court order made Judge Galassini’s retirement permanent effective 02/29/16, forever barred him from holding judicial office in New Mexico, and unsealed the Supreme Court’s file in the matter. 

A link to the Supreme Court File and Mr. Galacini’s resignation letter is below:

https://www.nmjsc.org/wp-content/uploads/2016/06/2016-1-Galassini-Order…

Mr. Galassini was hired in 2021 to serve Congressional  Representative Yvette Herrell as her law enforcement liaison and has been paid a salary and other compensation since appointment of $34,833.33 as a member of staff.

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The 2022 Mid Term Otero County Magistrate Matchup:

Magistrate Judge Division One has turned into a very competitive race with the Reverend Warren Robison competing against John R Seacrest III, both candidates have deep roots in Otero County, both have professional, volunteer and business experience and both have campaigned with professionalism, dignity and mutual respect with no negativity in their race for office.

Reverend Warren Robinson Experience: “Reverend Robinson has 20 years of teaching, counseling and community service in Alamogordo to include 3 years’ experience with Juvenile Justice Board helping youth with reconciliation for criminal offenses, a wide range of local board experience with non-profit service organizations, Chaplain for both Alamogordo City Police and the Gerald Champion Regional Medical Center, knowledge of the community business leaders and deeply involved in local history and historical preservation” according to his responses to the League of Womens Voters.

John R Secrest III Experience: “What I bring to the courtroom is real life experience and vast knowledge. I am an entrepreneur/small business owner since age 18 with 21 years in Landlord/tenant rights, business contracts, and well versed in DWI/DUI laws. I have also been a plaintiff on several appearances in Mag. Court. To further prepare, I have been mentoring with previous Mag. Judges as well as studying the NM Criminal/Traffic Law manual and NM Constitution. I am a constitutionalist, from the people for the people’s court. I live with unwavering morals, integrity, and honesty. I am UNBIASED and fair.” according to his responses to the League of Womens Voters

The League of Womens Voters asked both candidate what they would do about the backlog within the Magistrate System?  Their response was…

Reverend Warren Robinson: “Once within the system I’ll be thoughtful in listening to staff and reviewing the existing processes, then use my experience interfacing with multiple constituencies to influence process changes to end any backlog.”

John R Secrest III: “It is my understanding that Otero County Magistrate Court does NOT have much of a back log. If there is a back log it is primarily due to covid restrictions impeding the court’s ability to operate per usual and in that instance, I would say more cases will need to be handled telephonically. There is always room for improvement.”

Both candidates demonstrate a passion for community and a sense of ethics that the magistrate’s office needs to rebuild its reputation in Otero County.

Magistrate Division 2

The race is between well-known Alamogordo MainStreet and arts advocate and realtor, Claudia Powell, verses Michal Ryan Suggs, the incumbent who was appointed to the Division II Magistrate Judge’s seat Feb. 20, 2018, by Gov. Susana Martinez after Judge James Scot Newton resigned from the bench.

Claudia Powell’s Experience per her website:” Claudia Powell has been part of this community working tirelessly as a relator since 1986 serving our military with impeccable service since 1986. Mrs. Powell has received the Military Relocation Specialist designation from the National Association of Realtors, Past President Alamogordo MainStreet, Director of the Tularosa Basin Historic Society, Otero County Habitat for Humanity, Past President Otero United Way and Past Director of the Flickinger Center for the Performing Arts.

Michal Ryan Suggs Experience per the League of Women’s Voters: Juris Doctor- Master’s degree in criminal justice from New Mexico State University, a graduate of the FBI National Academy in Quantico, Virginia, 21 years law enforcement experience, 6 years adjunct professor of criminal justice and 4 years incumbent as Otero County Magistrate.”

When asked what they would do about the backlog within the Magistrate System? 

Claudia Powell: My understanding is the backlog that was created during the Covid-19 crises is now cleared. However, if I were on the bench, I would work with the staff, within the legally bound confines, utilizing my years of collaboration and partnership skills to ensure we did all within our means locally to ease any backlog.”

Michal Ryan Suggs Experience per the League of Women’s Voters: “I can proudly say, there is no backlog of court cases in Otero County Magistrate Court. The court continued to operate throughout Covid. All of the Judges in the 12th Judicial District work tirelessly to serve the people. Whatever adjustments were needed to the docket to ensure timely access to justice were and continue to be made. Under my leadership as Presiding Judge, the speedy and fair resolution of cases has been and always will be a priority of the Otero County Magistrate Court. Our rights deserve this level of experience, knowledge, and continued commitment.”

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The other race that has proven, interesting, is the race for Otero County Commissioner District Two, formerly occupied by the controversial Couy Griffin. The two candidates to win the primaries are Amy Barela on the Republican side, verses Stephanie Dubois, on the Democratic side. Both candidates won a contested primary.

The race was considered initially an easy win for Amy Barela given the district leans heavily Red and heavily conservative. However, politics, judicial rulings and an appointment by the Governor of Ms. Dubois into the seat of which Couy Griffin was removed by judicial order has created many interesting dynamics into the race.

Political scientist and pollsters watching the district competition believed it an easy win for Ms. Barella. Speculation was that there would be a backlash, due to the judicial removal of Couy Griffin, thus a wave of Republican voters activated and to the polls.

Ms. Barella has easily outraised, outspent and outpaced Ms. Dubois in advertising, door knocking and overall visibility. 

Ms. Dubois on the other hand, received an appointment to the vacant position by the Governor with swearing in to occur on 10/28/22.

Ms. Dubois has been much more visible in the recent weeks and attended several events with the Congressional Democratic Candidate and others. Yesterday in Tularosa, a Get Out the Vote event was sponsored by Ms. Dubois, and Independent Candidate Elaine Allen seeking the position for District 56 State Representative was also present.

The campaign within Tularosa has become very competitive with some rumors of foul play, but thus far the campaign has been, overall civil. 

Ms. Dubois appointment by the Governor, received a respectful response by Ms. Barella. However, the response to the appointment by the Republican Party and by the Candidate for State Representative District 51, was aggressive in tone, and filled with negatives that did not benefit candidate Barela, who has shown a level of respect and decorum during the race. 

Several independents and moderate Republicans questioned, said they were leaning toward Ms. Barela but after the Republican Party response, and that of the candidate for District 51, they “opted for Ms. Dubois.” One cited, “I’ve had enough hate from that office, Couy was an embarrassment and brought nothing but trouble to Otero County, the vigor of hate that was espoused by the Party response made me decide to break the party line and vote for Ms. Dubois,” a respected and well-known Republican that asked that his name not be used said he really likes Amy but “maybe it’s time to shake things up on the commission, and end the rubber stamping of the Steve Pierce mandates, the county budget is a mess, obviously what we have in place is not working.”

Will there be a backlash from the Republican Party response to the appointment of Ms. Dubois, will Ms. Dubois be able to elicit enough moderate Republicans, motivated Democrats and Independents to the polls to carry her over to remain in the district 2 seat? Will the curse of mid-terms and the economy play into the results of the local elections? We will know in about 2 weeks.

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The mid-term elections in most states are traditionally, a completely different animal and can lead to all kinds of unexpected results. The mid-term election of 2018 was the year of the woman.

2018, women candidate had broken the records for the number of candidates for governor, U.S. House and U.S. Senate. The U.S. House of Representatives elected a record number of women, with at least 90 women expected to make their way to Washington, D.C. in January.

In 2018 Deb Haaland of New Mexico broke the barrier and became one of the first Native American Women elected to congress. Democrat Deb Haaland, the former chairwoman of New Mexico’s Democratic Party, won New Mexico’s 1st Congressional District in the 2018 midterms. 

Haaland, a member of the Laguna Pueblo tribe, became one of the first Native American women elected to Congress alongside Democrat Sharice Davids, who won Kansas’ 3rd Congressional District. Two Native American men — both Republicans — served in the U.S. House of Representatives prior to 2018.

Expectations for this mid-term election…

It’s true that the polls have shifted somewhat toward Republicans in certain key races. On September 15, FiveThirtyEight’s forecast gave Democrats a 71 percent chance of holding the Senate, as of midday Wednesday, that number is 61 percent. In other cases, forecasts haven’t changed much: FiveThirtyEight has the GOP’s House takeover chances still above 70 percent. And there have been some contrary indicators, with surprisingly good poll results for Democrats in redder states like Iowa and Oklahoma.

Yet what amounts to a relatively minor poll shift has been greeted with a sense of impending Democratic doom, for reasons mostly unrelated to the polls themselves. The bad economic news, the historical trend of the president’s party performing poorly in midterms, and the tendency of polls to understate Republicans in certain key cycles (especially Senate races) can all be read to suggest that the smart money is on the GOP to do well.

This underlying assumption that Republicans should be the favorites and will end up the favorites means that small poll shifts in the GOP’s favor get interpreted as devastating for Democrats. And that assumption could well be correct — there are good reasons to believe it. Alternatively, it remains possible the polls are basically on target, or that election night results could deliver a surprise in the other direction.

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The state of the battle for the Senate

Democrats remain the favorites in the battle for the Senate, according to FiveThirtyEight, but their advantage has shrunk in the past month. When you look under the hood of FiveThirtyEight’s model to see why, it mostly comes down to shifts in four contests:

  • In Nevada, Sen. Catherine Cortez Masto (D) dropped from a 61 percent favorite to a 49 percent slight underdog.
  • In Pennsylvania, the chances of John Fetterman (D) winning dropped from 83 percent to 68 percent.
  • Meanwhile, the chances of challengers Mandela Barnes in Wisconsin and Cheri Beasley in North Carolina winning each dropped from about 40 percent to 27 percent.

Other Democratic candidates, like Sens. Mark Kelly (D-AZ) and Raphael Warnock (D-GA), haven’t seen similar drops in the past month. Kelly is a 78 percent favorite to win, and Warnock is a 57 percent favorite. In Ohio, Tim Ryan remains a 28 percent underdog.

With the Senate split 50-50, the basic math is that so long as Fetterman picks up that GOP seat in Pennsylvania, Democrats can afford to lose one seat of their own. So, they could lose Cortez Masto or Warnock, but not both. And if Fetterman loses (and no other Democrats campaigning for GOP-held seats win), even losing one Democratic incumbent would flip the chamber.

 Georgia, Nevada, and Pennsylvania look like the most important states in determining Senate control. But there’s a problem. Only one of those contests — Georgia — has been frequently polled of late. And it’s unclear how useful those polls are, since if neither candidate tops 50 percent of the vote next month, Warnock and Herschel Walker will just head to a runoff in December.

Public polling in the other two key states has been sparse. In Nevada, we’ve gotten only two public polls conducted in October — one showing Cortez Masto up 2, and one showing her trailing by 2 among likely voters. Meanwhile, in Pennsylvania, the two public polls have both shown Fetterman up just 2. One of those polls is from the Trafalgar Group, while another is a joint effort from one Republican firm and one Democratic firm.

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Since Franklin Delano Roosevelt’s sweeping four-term presidency, every president has fallen victim to the “midterm curse.”

The “curse” is considered political shorthand at this point—the opposition party to the incumbent leader will wrest control of the House of Representatives or the Senate from the leadership. In fact, the sitting presidential party has lost seats in the House in every single midterm election since FDR’s first term, save for three: FDR himself in 1934, Bill Clinton in 1998 during his second term in office, and George W. Bush in 2002 fresh off a hotly contested victory in the 2000 general election. In each of these instances, the presidents had remarkably high approval ratings—around 70%—often due to historic moments that offered an opportunity for landmark leadership, such as FDR’s New Deal, Clinton’s federal budget surplus, and Bush’s handling of the aftermath of 9/11.

There are a variety of explanations as to why parties often face defeat in the midterms after sweeping the floor in the presidential election. Voter apathy and presidential approval ratings play a large part, but voters are not the only ones who sway the outcome of elections. Midterm elections are susceptible to impacts from the re-drawing of districts and gerrymandering that may occur after a presidential election and can work to disenfranchise a party’s voting block. This is not a phenomenon isolated to the U.S., either: The parties of political leaders across the globe tend to strengthen early in a presidential term before diminishing later.

With the 2022 midterm elections fast approaching, it can be helpful to look back at the past century of midterms and gauge what patterns may suggest an outcome to this year’s election. Stacker used data compiled by The American Presidency Project at the University of California, Santa Barbara, and the U.S. House of Representatives to visualize outcomes of midterm elections on the president’s political party in Congress.

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The President’s party has only gained seats in the House three times since 1934

The incumbent party lost control of either the House or the House and Senate six times since 1934. Only three presidents—FDR, Bill Clinton, and George W. Bush—gained seats in the House of Representatives for their parties at midterms.

In FDR’s case, this was thanks to his swift decisions steering the country out of the Great Depression, including the New Deal and various economic relief measures. Clinton’s second term in office marked the first Democratic president to gain a second term since FDR. Though his popularity was beginning to falter due to emerging personal scandals—including the Monica Lewinsky situation, which saw Clinton face impeachment for lying to Congress—it hadn’t yet hit the low that would follow. Bush’s midterms were a narrow race to win an easily swayed power balance, marked by gerrymandering and expensive campaigns that ultimately favored the incumbent party.

The Senate has faired similarly

Statewide Senate races are not impacted by redistricting but still often suffer the same outcome for the president’s party. For most of the 20th century, Senate races were often won by the opposite party than the state in question had gone for in the presidential race. In 1986, for instance, the “mismatch rate” of U.S. Senate races was around 59%, meaning over half of states voted into office senators of the opposite party than they had voted for president most recently. This has waned in intensity recently—particularly during Obama’s presidency—but still generally held. However, the 2022 election cycle may mark a departure from this tradition, with only 4% of registered voters claiming they planned to vote for a senator from a different party than they had endorsed for president.

Presidential approval rating is often the clearest predictor of seat changes

Midterm elections tend to be considered referenda on the party in power. As a result, the electability of Congressional members is increasingly tied to the public’s attitude toward the president. Swing seats have consistently gone to the nonincumbent party when public approval of the current president is low, and the inverse when the public believes their administration is doing well.

Since FDR’s presidency, presidents with a low public approval rating have lost an average of 37 congressional seats during midterms. Only two presidents—Bill Clinton and George W. Bush—have had a public approval rating above 60% during midterm elections; consequently, they have been the only two presidents in recent history to avoid the “midterm curse.”

Voters may be motivated more to turnout when their party is not in power

Voters generally turn out in lower numbers for midterms than for presidential elections. In the 2010 and 2014 midterm elections, respectively, only 4 in 10 eligible voters turned up to the polls, whereas 6 in 10 voted in the 2016 general election. However, the drive to overturn the actions of an unfavorable president can be a powerful antidote to voting apathy. A good example of this was the 2018 midterms, in which, according to an analysis by Catalist, “young voters and voters of color, particularly Latinx voters, were a substantially larger share of the electorate than in past midterms.” These voters were majority Democrats, voting in opposition to the Republican incumbent, Donald Trump. That year, midterm surge voting leaped up, and it was “clear that both mobilization and persuasion were critically important in producing this scale of victory for Democrats.”

What does this mean for 2022?

In sum, the 2022 midterms will likely follow the patterns laid out here. All seats in the House of Representatives are up for the taking and a third of those in the Senate. President Joe Biden’s approval rating—40% as of Oct. 20—is on the lower end of historical midterm rates for an incumbent president, suggesting that, if historic precedent holds, Republicans will gain seats on Nov. 8. However, some factors may exert outside influence on the midterm results. 

The Democratic Party has been experiencing the same mobilization that spurred a midterm surge during Trump’s presidency, this time regarding issues such as abortion rights and inflation. Voters in Kansas recently turned up in record numbers to vote down measures that would restrict abortion access; elsewhere in the country, local and state legislatures have taken up steps and earmarked funds protecting the right to choose in repudiation of the Supreme Court’s overturning of Roe v. Wade. 

On the other hand, Republican-sponsored extremists are doing what they can to stem this tide, threatening election workers so convincingly that there is a feared shortage of people to work the midterms. Moreover, one recent poll suggests that Democrats’ momentum may have begun to stall, particularly among women, who in 2018 turned out to vote in greater numbers than men

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Written by: Andrea Vale National Coverage, local coverage by Chris Edwards and Rene Sepulveda

Description: Stacker used data compiled by The American Presidency Project at the University of California, Santa Barbara, and the U.S. House of Representatives to visualize outcomes of midterm elections on the sitting president’s political party in Congress.

AlamogordoTownNews.com Alamogordo City Commission PASSES 1st Publication of Code of Conduct & Social Media Use Policy for Commission

AlamogordoTownNews.com Citizens of Alamogordo Scored a Victory with a City Commission Code of Conduct and Social Media Ordinance Passing 6 to 0 With Commissioner Melton Absent from the Meeting

In a very productive meeting of the Alamogordo City Commission tonight the Commission passed the first publication of the City Ordinance that places a Code of Conduct Policy and a social media ordinance into action for the City Commissioners.

Under the leadership of Mayor Susan Payne, the city moved forward with a 6 to 0 vote based on a strong recommendation from the City Manager and the Municiple League to add a local layer of accountability and protection for the citizens of Alamogordo and to commissioners themselves.

There was light debate led by Commissioner Josh Rardin on semantics of language as related to the city charter on one point.  Once the language was verified and the city charter was consulted to by the city attorney and the city manager all seemed pleased with the policy mechanics and the ordinance as proposed. A motion was made by Commissioner Sharon McDonald and Seconded by Commissioner Burnet and the vote was called. Without further debate and a roll call vote the motion for the Code of Conduct passed 6-0.

Commissioner Melton was not present and made comments in a previous meeting opposing the ordinance. In a text dialog with AlamogordoTownNews.com on October 4th at 7:59 pm Mr. Melton said, ” I made the comment during the last commission meeting about why I OPPOSE the draft code of conduct, in its current form.” He continued, “if changes are made, I will happily vote for it.” 

The Code of Conduct lays out a process for conduct and a process for complaints by staff or the citizens of Alamogordo for a breach of such conduct. A chairperson with legal experience would be convened to weigh the complaint and if legitimate they would assemble a review panel to review the compliant. After the review then a recommendation of a fine or censorship or escalation to the state level would then occur. Or if found not guilty of the charge then all would go back to status quo. Citizens abusing the policy would be barred from future complaints via the process in the ordinance. 

A second complimentary ordinance was also passed related to use of social media. The ordinance passed without debate with Commissioner Rardin calling the vote and Commissioner McDonald seconding the vote. It also passed 6-0 with Melton being absent.

The other topic that actually had the most dialog was the streamlining of the way business licenses are issued. The new process requires a streamlined application, an inspection by fire first and ensuring zoning is correct then a quick approval by the city clerk. The process spreads renewals across the year to the business application anniversary date verses all 1500 or so of them coming due the `1st of January. There was debate on the fees for missing the renewal and dialog around some verbiage and cannabis but overall was civil and mature dialog. Mayor Payne again explained the importance of the process, there was dialog around public safety and food trucks, but this was another very pro-business approach to streamlining the process and ensuring it was affordable to register in Alamogordo to do business. 

Mayor Susan Payne has made it a priority of her administration to show Alamogordo is “Open for Business and Business Growth.”

Excellent job and dialog by all commissioners that were present at tonight’s meeting. The 10/11/22 City of Alamogordo Commission Meeting was an example of bi-partisan collaboration, driving transparency and business, by the 6 Commissioners that were present. Job well done!

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AlamogordoTownNews.com Commentary & Fact: “There is NO communication regarding the public requesting Mr. Melton to place the resolution on the agenda.”

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10-03-2022 8:21pm

AlamogordoTownNews.com Commentary & Fact: “There is NO communication regarding the public requesting Mr. Melton to place the resolution on the agenda.”

Chris EdwardsEditor

Image

AlamogordoTownNews.com Mr Melton lied there is No communication from constituents asking for the resolution to be considered.

AlamogordoTownNews.com Mr Melton lied there is No communication from constituents asking for the resolution to be considered. 

During the special session of the Alamogordo City Commission meeting on August 2, 2022, Mr. Melton went on public record and lied. If one watches the video proceeding of that day one sees at 3:57.45 when Mr. Melton claims, “the reason for bringing it (the resolution) forward to discuss is because I heard from my constituents this is what they want. I am in this role to represent them…I am here as a service to our constituents;
we have to represent them
…”

NO SUCH COMMUNICATION EXISTS.

2nd Life Media and AlamogordoTownNews.com under the Open Records Act requested from the City of Alamogordo all communications from citizens “requesting that Mr. Melton place the Sanctuary City for the Unborn on the agenda as a resolution and or any communications regarding abortion and the fear of clinics in Alamogordo up to the date the resolution before the public in a “Special Session.” Also requested were notes from City Staff regarding any dialog that Commissioner Melton had with staff and staff notes related to the proposed resolution regarding “Sanctuary City for the Unborn” Status and all communications from constituents 60 days prior suggesting that Abortion was a hot button issue that “required it to be addressed by the city commission.”

During the special session of the Alamogordo City Commission meeting on August 2, 2022, Mr. Melton went on public record and lied. Mr. Melton claims, “the reason for bringing it (the resolution) forward to discuss is because I heard from my constituents this is what they want…” 

NO SUCH COMMUNICATION EXISTS. The Melton/Block Duo lied

The City Charter and State law requires the retention of all communications that are related to records or communications used, created, received, maintained, or held on behalf of a public body are public records just as if they were maintained by the public body itself.

(Thus, if any communication existed in a private server that is not operated by the city or notes of any calls, copies of text, social media inquiries that exist, then Mr. Melton by law was required to turn them into the city when a Public Records Request was submitted. 

In this regard, if private email or other communications is used to conduct public business, (a constituent request to discuss abortion or a resolution around abortion would be public business) the email or communication, is a public record, even though a personal account is used. The person using the personal account is effectively using, creating, receiving, maintaining, or holding the data and must release it to the government body they represent and to the public if an Open Records request was submitted. 

If a record exists and Mr. Melton did not release it, then he violated the law and is subject to fines and a misdemeanor. 

If no records exist as per city staff, then Mr. Melton and Mr. Block lied in their assertion that this was “necessary to bring to a resolution out of constituent concern.”  Not one single form of communication with city representatives regarding this issue exists prior to the public forum concerning the resolution. 

In an article in the propaganda blog of his domestic partner, Candidate John Block, Melton is quoted as saying…“I have brought forward Resolution 2022-38 because my constituents are worried Alamogordo has no resolution or ordinance on the books protecting unborn life. This measure not only affirms life from conception to natural death, but it declares Alamogordo a Sanctuary City for the Unborn,” said Melton.

Which constituents are worried? None, Zero not a single request until they made it an issue.

Our public records request required the city to refer “all communications from constituents requesting or any dialog related to abortion and a resolution.” NONE EXISTS. 

This was a ruse, “an action intended to deceive the public, a trick, a sham.”

It now makes sense why Mr. Melton does not support having a Code of Conduct in place for elected and appointed city commissioners. As this action crafted on deceit would be a violation of the public trust in misrepresenting a “constituent concern” that did not exist. 

If the duo had been honest, they would have gone on the record and conceded that their family had financially gained from a pro-life organization via past employment and that this is an issue dear to them thus they wanted to bring it forward. An honest dialog of why it is important to them would have gained more allies, including this news source, verses deception to the public which is a violation of public trust.

And of great interest were a few elements of the staff notes procured via our Open Records request.

Staff notes referenced “Floyd”? We have an enhanced open records request seeking clarification and more information around the staff notes and rather the reference was actually to a resolution Roosevelt County passed a year ago.

Floyd and Roosevelt County verses Alamogordo, Otero County:

Floyd is a city in Roosevelt County, New Mexico, a year ago this small poor community passed, a pro-life resolution also with NO power of law. 

The staff notes also referenced Karl Melton providing the staff an example resolution. As previously reported Mr. Block, Mr. Melton’s domestic partner worked for a pro-life advocacy group out of Washington DC, in his past and the family connection to a pro-life Advocacy group was left out of any dialog or disclosures on the part of Mr. Melton or Mr. Block during the heat of the resolution and petition fight. (Another breach of trust by failing to disclose past financial gains from a pro-life advocacy group.)

Floyd, New Mexico is a village in Roosevelt County with a population of 91, a racial makeup of 93.59% White, 5.13% from other races, and 1.28% from two or more races. The per capita income for the village is $13,747, 19.2% of families and 41.8% of the population lives below the poverty lineincluding 61.5% of under 18 and 19.2% of those over 64 living below the poverty line. It is in Roosevelt County with a total county population of 18,018. The population of the county shrank 1800 people from the 2010 census to the 2020 census. 

Alamogordo, New Mexico is a city with a population 31,384, a racial makeup of 75.4% White of which Hispanic or Latino were 32.0% of the classification); 5.6% African American, 1.1% Native American, 1.5% Asian, 0.2% Pacific Islander, 12.1% from some other race, and 4.2% from two or more races. the median income for a household in the city was $30,928. About 13.2% of families and 16.5% of the population were below the poverty line, including 23.9% of those under age 18 and 11.8% of those age 65 or over 64 living below the poverty line.

The contrast between these two communities in population 91 verses 31,284; racial makeup 93.59% white verses Alamogordo’s more diverse, a poverty rate in Floyd of 41.8% verses Alamogordo 23.9% makes one wonder. Why would Floyd, Roosevelt County be referenced in any political dialog with Alamogordo as a “model” for public policy? One would think our elected representatives would model actions from successful communities not one with a shrinking county population and a poverty rate that has 61.5% of the children living below the poverty level. 

True leadership means modeling public policy based upon successful communities. 

Duplicity and Demagoguery – the Company One Keeps.

A fitting poem – The Company One Keeps

“One night in late October,

When I was far from sober,

My poor feet began to stutter,

So, I lay down in the gutter,

And a pig came near and lay down by my side.

Then we sang “It’s all fair weather when good fellows get together”,

Till a lady passing by was heard to say:

“You can tell a man who boozes,

By the company he chooses”,

And the pig got up and slowly walked away.”

Why are we focused on the Block/Melton duo? 

The Melton Block duo has roused, either directly or indirectly through their surrogates to remove those that differ from their viewpoints from the party dialog. They engage in blocking dialog and profiles. To date they will not engage in civil discussion to find areas of collaboration; they see more value in attacking opponents rather then delivering an affirmative argument for their positions. It is easy to attack another of differing opinions, it more difficult to provide affirmative dialog with positive overtones to build consensus. 

If we want representation within our city and at the state level to bring state funding for business growth and marketing, education, infrastructure, and support for our way of life, then leadership must show and offer positive collaborative solutions. 

Our city and county deserve leadership that understands the art of horse trading and compromise. Hostility toward the power brokers up north does the region NO favors in brokering solutions. 

We want a state representative and a commissioner that is looked at as seasoned professionals not one that is considered on the fringe. Fringe leaders garner headlines and build upon their personal ego but deliver little to their constituents.

Skilled moderate leaders on the other hand seek areas of compromise and collaboration to bring the best of government forward for the constituents within their district. 

The Block/Melton duo have a history of partnering with those of dubious tricks and dubious reputations and tactics. A “mysterious mailer” with our business return address which is “mail fraud” went out to key Republicans in Otero County to disparage and intimidate us from questioning the radicalized tactics being displayed and reported upon. 

The mailer was crafted with a specific intent to damage our business and to damage our reputation within the community. Was it sent from the candidate or the appointed commissioner or one of their ambitious followers? We hope not. The postal inspector general, the federal authorities and our private investigator will eventually have the answer to that issue and once established we will prosecute.

However, mysterious mailers and social media attacks are not new to Candidate Block and appointed Commissioner Melton, as per the company they keep. The duos associates, as reported by the New Mexico Political Journal, conducted smear campaigns against Albuquerque meteorologist Mark Ronchetti who is the Republican nominee for governor when he was running for Senator in 2020.
As reported by the New Mexico Political Journal “John Block has posted particularly ugly smears, as has Rick Montoya, and there was a disgusting letter that quite a number of delegates have said looks like the style and tone of one of (Republican Party Leader) Pearce’s closest allies, John Billingsley.”

Mr. Block clearly still has not backed away from the attacks on Ronchetti, he has several stories he wrote in attack of Ronchetti posted on his campaign website.

All the while Block recently paid $1000 for a sponsorship at a fundraiser for Ronchetti. Hypocrisy or attempting to coddle favors in the final weeks before the election? 

The playbook of Duplicity and Demagoguery continues. However those in Santa Fe and Albuquerque are all too familiar with these characters. 

Clearly, we believe in responsible government. We believe those leaders in appointed and elected positions should be examples of collaboration and seek and sponsor solutions to business growth, crime, and security. 

We do not believe that there is a role for duplicity and demagoguery nor personal agendas from elected or appointed leaders

Thus far the appointed Commissioner Melton has not sponsored a single piece of legislation or a single ordinance to address real issues within the city of Alamogordo around business growth, crime prevention nor improving core services.

The appointed Commissioner Melton and his domestic partner have sown seeds of deceit and division and conned the public into believing a non-issue was the most pressing issue facing the city. 

They know better! The additional ruse against a City Code of Conduct creates an even further wedge between the idea of accountability and real responsible governance.

Instead of meeting with moderate Republicans and Independents and seeking common ground for areas of collaboration they call out those that differ as RINOS. They block us on their social media pages and attempt character attacks and try to change the narrative rather than addressing real issues and ways to compromise for the good of the community.

Block seemed to have aligned, at past state conventions, with those that are on the fringe to the traditional Republican Party platform. He aligned with those that that attacked a seated Republican Governor in the past and were part of the element within that cost the Republican Party a significant number of seats in the state assembly, all the while state houses in most states have seen gains from moderate Republican candidates. 

The extremist gets headlines and feed the fury of division, all the while the moderates collaborate and drive public policy forward.

What is most entertaining is Mr. Block is a newcomer and opportunist to Alamogordo. His past life he has flip flopped in ideology. He worked for a pro-life organization and as reported by The New Mexico Political Journal concerning Mr. Block, “the irony of a former Martin Heinrich intern and volunteer for Mayor Tim Keller’s campaign awarding himself the position of judge and jury of the conservative Republican purity test has been noted by many.” 

More entertaining is the fact he does not own these flip-flops nor acknowledge his history. Rather than embrace his past, admit to his experience, and explain what he leaned from each experience he “whitewashes it.” 

He whitewashed the story of his working with Martin Heinrich and tried to explain away why he worked with both Heinrich and Keller in his propaganda pages. 

Note in his linked-in profile there is not a single reference to working as a Democratic Operative as a Martin Heinrich intern and a volunteer Democratic Operative for Mayor Tim Keller’s campaign. He does have a link to a policy brief he claims credit for yet does not allude to the Democratic Senator he crafted the brief for. He name-drops, Republicans, all over his linked-in resume but does not dare acknowledge his work for Democratic Senator Martin Heinrich or Mayor Tim Keller though in reality those two assignments were the most prestigious of his resume excepting of course for his position in Las Vegas as a Front Desk Agent at Diamond Resorts International.

https://www.linkedin.com/in/johnfornm

The fact of him defining a RINO and who should, or should not be in the party, is classic. 

According to a site called politicalfireball.comin a story posted April 8, 2020, “Block comes from deep Democrat roots and is the cousin of former Democrat PRC Commissioner, Jerome Block, who was sentenced after pleading guilty to fraudulent use of a state-issued credit card, embezzlement and election law violations. John Block’s uncle has also been in and out of jail for drug use and breaking the terms of his probation.”

His family experience explains his hostility toward this news source and his stance of being against “rehabilitative justice” as his family experience had run ins with the law and continued a path downward instead of a path forward. 

Carpetbagger: “a person perceived as an unscrupulous opportunist”

The heat of Northern New Mexico media coverage began to impact the Block/Melton duo with another article titled Glass House John Block Exposed.

 
This heat and exposure with many articles attacking Mr. Block during the 2000 election may explain why the Block/Melton duo fled Northern New Mexico to seek political favor in Otero County having lived in the county less than 2 years…

Block in commentary on his propaganda page tried to “mansplain” his association with Democrats as a member of their staff. 

Block: “I worked to help stop radical open-borders socialists from taking over Albuquerque by VOLUNTEERING on the Keller campaign for a little over three weeks to uncover unethical campaign practices.” 

Yeah right, okay, sure. Anyone who has ever worked on a professional campaign knows that a “volunteer” will never be privy to the innerworkings of a campaign, its strategy, and its internal process. There is NO WAY a “volunteer” in just “three weeks” John Block, would have had access to any information that could be used in an ethics review.

A very funny story to weave, but of course, most Americans are gullible when it comes to politics and the spinning politicians weave.

Most of the public has never seen the innerworkings of a professional campaign, and how a professional campaign staff operates, so this story would seem plausible to the untrained political novice. 

But it gets better…

Per Block, “the only office that granted me an internship was Heinrich’s.” That in itself is a testament that Republican leaders at the time did not offer Mr. Block an internship. One wonders why?

Block continued: “I was given the selective opportunity to serve the people of New Mexico as a Senate intern and bring a conservative perspective to the far-left office… My fellow interns repeatedly attacked my Republican ideals and repeatedly attempted to have me fired from the internship, but I did not back down — and it made my conservative values and support for our 45th president that much stronger.” 

 Or more radicalized, the duo felt the heat and fled the hot pan of Northen New Mexico politics? The Block/Melton duo fled Northern, New Mexico, for a “safe, conservative community” – Otero County. Why Otero County? If success was eminent in Northern New Mexico? –  Opportunism. 

The Melton Block Duo has flip-flopped on Ronchetti. One wonders if Ronchetti will remember this analysis of his senatorial run by Mr. Block? 

Per John Block, “Instead of campaigning to be New Mexico’s next U.S. Senator, it appears Ronchetti is more interested in playing the high school bully, name-calling, and pushing everyone in his way just to get what he wants…The nasty, bottom-of-the-barrel ad-hominem attacks on fellow Republicans, many of them being fellow candidates, prove that Ronchetti’s campaign is willing to go to any embarrassingly low level to win.”

Sound familiar? Appointed Commissioner Melton and Candidate Block, showed their true colors with the lies around the Resolution and should look in the mirror… The nasty, bottom-of-the-barrel ad-hominem attacks on fellow Republicans… prove that (Melton and Block) is willing to go to any embarrassingly low level to win.”  

Blocks words not this commentators excepting for replacing Ronchetti with Block Melton. 

Ronchetti would do well to distance hisself from this duo.  

Note: the commentaries and investigations into the antics of Melton and Block will stop when they rise to the occasion of true leadership, end the attacks on those that differ in opinion and embrace open dialog with a civil tone to seek areas of compromise for a better Alamogordo. Until then, we will continue to forge forward a vision to Retake Republicanism from radicalization and bring it back to the ideals of a big tent that welcomes everyone and serves with decorum and grace. It’s time the Grand Ole Party return to its roots, expels with myths and reembraces the tenants of its past glory.

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AlamogordoTownNews.com; Block/Melton & The Duplicity & Demagoguery around “Alamogordo’s Sanctuary Resolution”

Ex-Commissioner Couy Griffin Snug with Candidate John Block Coupled in Demagoguery

Ex-Commissioner Couy Griffin Snug with Candidate John Block Coupled in Demagoguery

demagogue, a popular leader, a leader of a mob,  people, populace, the commons or rabble-rouser is a political leader in a democracy who gains popularity by arousing the common people against elites or those that differ in thought, especially through oratory and written dialog that whips up the passions of crowds, appealing to emotion by scapegoating groups and individuals, exaggerating dangers to stoke fears, lying for emotional effect, or other rhetoric that tends to drown out reasoned deliberation and encourage fanatical popularity. Demagogues overturn established norms of political conduct or promise or threaten to do so by attacking those that question their thinking. 

The central feature of demagoguery is persuasion by means of passion, shutting down reasoned deliberation and consideration of alternatives. While many politicians in a democracy make occasional small sacrifices of truth, subtlety, or long-term concerns to maintain popular support, demagogues do these things relentlessly and without self-restraint. Demagogues “pander to passion, prejudice, bigotry, and ignorance, rather than reason. 

Sound familiar?

Otero County and Alamogordo is a city divided along ideological political lines in a perceived battle with the liberals of Northern New Mexico and the federal government in ongoing battles over ranching  and grazing rights, timber rights and directives from the BLM. 

There is an independent streak and a great deal of conservatism running in the veins of a majority of Alamogordo and Otero Counties citizens. There is an underlying distrust of “outsiders” and a definitive distrust of state and federal directives. 

The irony, Otero is the 3rd largest county in terms of land area in the state, with 6,613.21 square miles.  The population of Otero County in 2018 was 66,781, 3.19 percent of the state total, and ranked 9th in the state in terms of population. Only 10% of the land area is privately owned; the Federal government via the military and BLM, the Mescalero Apache Tribe, and the State Land Office own the remaining 90% of the land.

Alamogordo, with a population of 31,230 in 2018, represented 46.76 percent of the total population of the county.

Per capita income for Otero County during the last administration was $34,636. Per capita income for Otero County was 83.24 percent of the state average ($41,609) and 63.62 percent of the national average ($54,446) 

The percent growth of per capita income in Otero County between 2014 and 2018 of 8.61 percent was less than the state (11.91 percent) and the nation (15.70 percent).

Given that a majority of the land mass is outside of reach of the local government officials and given that incomes in the county significantly lag the state and national averages; then it is easy to understand the political culture of the area, and how extremist with demagogue tendencies rise to fill the void in leadership.

The most prolific of local leaders to gain national attention is Couy Griffin, Otero County Commissioner who raised his profile to the national stage in creating “Cowboys of Trump” and a fire and brimstone style of ideological propaganda that the masses embraced at the local level, at least at first. 

From his pulpit on the Otero County Commission, he led a variety of conversations and debate from participation in the alleged insurrection to being an election denier. Mr. Griffin gained national notoriety and took that notoriety onto the speaking circuits. His supporters used the pulpit and he fundraised against his trials and tribulations to the toon of thousands of dollars. Not bad for a County Commissioner whose stipend for service is less than $20,000 a year. There is a fundraiser now online of which his goal is $50,000 and the plea is his removal from office $15556 has been raised the last 30 days. Not bad for a month’s work.

Mr. Griffin, possibly seeing the writing on the wall to his legal issues, or possibly just tired of the scrutiny he was under, opted not to run for re-election. Amy Barrela is the favored candidate to win his commission seat this November verses candidate, Stephanie Dubois.

That leads up to the duo of Karl Melton, appointed City Commissioner for Alamogordo, and his domestic partner, John Block, candidate for NM State Representative District 51. 

With Griffin exiting stage left, and his influence waning, that created another opening for a new opportunistic demagogue.

The irony: this time, it’s not a rugged cowboy actor garnering for attention, fame and fortune on the backs of Otero County citizens, this time it is a young, educated, alleged conservative, LBGTQ duo, registered Republican, who profess Marjorie Taylor Green as a role model while professing fundamentalist Christian beliefs. 

The irony of Melton/Block an out LBGTQ+ couple professing fundamentalist Christianity and Marjorie Taylor Green as a role model can’t be over-emphasized. 

Per Multi-million-dollar Republican donor and American Capitalist Steve Forbes who supports the traditional Republican Party policies such as downsizing government agencies to balance the budget, tough crime laws, gun rights, rehabilitative justice, and support for the death penalty. He is editor and chief of Forbes Magazine and not a member of the perceived left-wing media influences. Thus, when Forbes Magazine of which he is editor and chief warns and highlights the demagogue rhetoric and antics of Marjorie Taylor Green, people should pay attention.

Per Forbes Magazine, “Greene baselessly claimedearlier this week that she believes straight people face extinction within 150 years during a segment on her streaming broadcast that airs on her social media accounts.” “Probably in about four or five generations, no one will be straight anymore,”Greene said. “Everyone will be either gay or trans or nonconforming or whatever the list of 50 or 60 different options there are.”

In other reporting by ultra-conservative Forbes Magazine, it highlighted the demagoguery of Marjorie Taylor Green and her conspiracy theories to include “that a devastating wildfire that ravaged California was started by “a laser” beamed from space and controlled by a prominent Jewish banking family. House minority whip Steve Scalise (R-La.) in June said some of Greene’s past comments were “disgusting” and racist, endorsing her Republican primary opponent along with House minority leader Kevin McCarthy (R-Calif.).”

Yet, Marjorie Taylor Green is who the Melton/Block duo represent as a role model. Interesting since their role model spouts antisemitic propaganda and certainly propaganda counter to the lifestyle of the Melton/Block duo. 

The duo seems to be taking their lessons of demagoguery from the Marjorie Taylor Green playbook and preying upon Otero’s citizens via demagoguery, attacking those who differ with them in opinion or thought, inciting their followers to attack small business owners, and even the mayor, when they express a differing opinion to their own.

Conservative Republicans, to include the House Minority Leader, the Minority Whip and the Forbes family which are huge Republican donors, all speak against Marjorie Taylor Green’s style of conspiracy leadership within the Republican Party. The Melton/Block duo reference her as a role model. That role model should give us all as citizens whom this duo represents pause and alert us to the road ahead.

This admission explains exactly what we can expect from this duo – demagoguery.

Thus, with Couy Griffins exit and wanning media attention, this opportunistic duo launched their first act in the saga of Melton/Block duplicity. Then they went on the offensive via an old-fashioned style of demagoguery, attacking the mayor, those that challenge their first act, a young lady battling cancer, and of course alternative media and business owners that don’t fall in line with their theology. 

The propaganda and misinformation of a right-wing radicalized blogger, running as a candidate for a State Assembly District 51 from Otero County, New Mexico, John Block, and his domestic partner Karl Melton, has had Alamogordo, and Otero County up in arms and in a teether over a “resolution” that is a mere, opinion piece, and carries NO WEIGHT of LAW. 

Mr. Block’s radical falsehoods and accusations against those whose opinions differ from his, continues with untruths and attacks.  The aggression in their demagoguery MAY have even pushed them and a few of their followers to the edge, and in possible violations of election law “the Block/Melton – Big Lie.”

The lawful petition activity in an attempt to counter the “the Block/Melton – Big Lie” brought out enemies, including a partisan official who publicly encouraged a deceptive tactic, an error in judgement on his part. 

Typical in fashion of demagoguery, those that follow the demagogue often get hurt. 

Go sign their petition using the name of your favorite founding father. Creative belligerence is an amazing tactic to defeat your opponent,” wrote Joshua Beasley, chairman of the Republican Party of Otero County, where Alamogordo is the seat of government. 

Mr. Beasley later apologized. Beasley, in a county party email dated Sept. 2, said his inexperience as a party leader led him to the mistake when lobbying against the petition.

“I would like to take a moment of your time and apologize for my recent statement concerning the collection of petition signatures,” Beasley said on the email. “My sarcasm was a juvenile mistake. As I obtain more experience in this newly acquired position, I cannot promise a perfect performance, but I can promise I have the best of intentions for our county when representing and defending its constituents. I appreciate the feedback I have received from many of you and look forward to continuing to build a strong Otero County.”

Alamogordo resident, Jeff Swanson, filed a complaint against Beasley with the Secretary of State’s Office. Swanson cited a state statute outlawing forgery on election petitions or knowingly causing false information to be listed. Violating the law is a fourth-degree felony.

John Block, a blogger and the Republican nominee for state representative in Otero County’s District 51 furthered the demagoguery in his statements…

“A radical group of scammers calling themselves New Voices Otero is trying to trick pro-lifers into signing their bogus petition by claiming it will give the voters a choice to vote on the resolution, but they are not telling them that Alamogordo is already a sanctuary city for the unborn,” Block wrote.

It is NOT- legally the opinion piece or resolution passed has NO WEIGHT of LAW, thus Alamogordo IS NOT a “sanctuary city for the unborn” – more demagoguery and further evidence of “the Block/Melton – Big Lie.”

Myers, Swanson and others exercised their right to petition the government. In response, Block accused them of engaging in a fraudulent scheme, even as his Republican chairman urged people to sign the petitions with phony names.

Mr. Block then petitioned the city of Alamogordo under a request for public records for ANY communications to the City Clerk’s Office from Ashlie Myers or Jeff Swanson on September 1st.

Block labels himself as an “America First Republican,” though his version of a free country doesn’t seem to tolerate dissent. 

Karl Melton, who is Block’s partner, is an appointed city commissioner. Melton sponsored the resolution to label Alamogordo as a sanctuary for the unborn. He cried poverty in hopes of shutting down constituents who hope to overturn his resolution.

“There is no money budgeted this year for municipal elections, so if this petition receives enough signatures, the city would be forced to take away funding from important city-funded services,” Melton wrote on his Facebook page as a co-conspirator of more demagoguery and further evidence of “the Block/Melton – Big Lie”

Melton’s anti-abortion resolution had nothing to do with any city service, but he made it a public issue anyway. His next move was to use self-incrimination in hopes of silencing those who disagree with him. Melton told residents the city government he helps oversee “is so poorly run it doesn’t have a contingency fund.”

John Block, and his domestic partner, Karl Melton, appointed, crafted a fight within the city of Alamogordo, misleading local followers to believe by implying this is the first step in a fight to ensure abortions cannot happen, Planned Parenthood and other providers cannot come, and that Alamogordo is a “Sanctuary City for the Unborn.” 

In stirring that pot, this, gay duo, with their own slant to fundamentalist Christian valuesduped their followers and rallied the public to believe facts that are not true or are pure propaganda

What does the radicalized demagogue duo gain from this propaganda and attack on those that historically supported them?

Melton claimed, as reported in his domestic partners propaganda piece, that “I have brought forward Resolution 2022-38 because my constituents are worried Alamogordo has no resolution or ordinance on the books
protecting unborn life. 
This measure not only affirms life from conception to natural death, but it declares Alamogordo a Sanctuary City for the Unborn,”

said Melton.

Fact: Alamogordo is NOT “a sanctuary city for the unborn.” It may desire to be one, but legallyit is NOT. 

Mr. Melton is splitting hairs and misleading constituents, when he says there is no resolution or ordinance on the books protecting unborn life. 

Legally, New Mexico state law governs health related issues, local law cannot, therefore no local city ordinance nor resolution with the “power of law” can legally be on the books to protect the unborn life from abortion, as Mr. Melton insinuates. 

When Melton claims the resolution “declares Alamogordo a Sanctuary City for the Unborn,” he fails to educate the average citizen that the declaration has NO Power of Law and is meaningless.

The resolution carries the same weight of law as this writer declaring, Alamogordo is a sanctuary city for invading aliens from the planet of Mars.” The implication is that Martians are welcome and safe in Alamogordo. When I declare, “Alamogordo is a Sanctuary City to those from Mars,” it would be laughed at as just hyperbole, however when a government body passes a resolution and a seated commissioner goes on a propaganda tour, people want to believe that Alamogordo is truly a sanctuary city that protects the unborn via the power of local law – it is NOT!

Melton’s partner, John Block, said, “By boldly declaring our city a sanctuary for the unborn, you are not just making an important and necessary statement; you are declaring that those who wish to shed innocent blood are not welcome in our city and do not stand with the values our fervently pro-life community believes in.” 

While again, this is nice rhetoric and speaks well for Mr. Blocks fundraising efforts, (especially out of the area) as a talking point, it is absolutely not a statement of fact. The resolution is nothing but an opinion.

Mr. Block and Mr. Melton it appears collaborated in an effort to place the Sanctuary City for the Unborn resolution on the ballot. Mr. Melton expressed at a commission meeting that a large number of his constituents demanded action. 

(AlamogordoTownNews.com has a public records act request into the city to verify. We have a request with date and time stamps of the actual number of requests for action on this issue that was submitted to the city prior to it being placed on the agenda. Stay tuned.)

What is a fact is that Mr. Melton’s domestic partner, Mr. Block has worked for a non-profitWashington DC based advocacy group called Americans United for Life. It is a corporation, that received $3.2 million in income per its form 990 that states the company “advances the human right to life in culture, law and policy.” Per the filing it spent $810,610 “on litigation and legal affairs, through the courts to defend life and to protect first amendment conscience. AUL has a combined litigation and legislation strategy, drafting, advising and providing model pro-life legislation to legislators, working to help get it passed, then assisting attorneys in defending prolife laws.”

https://aul.org/wp-content/uploads/2021/12/AUL-FY21-Public-Disclosure-C…

Is Mr. Melton and Mr. Blocks intent to have Americans United for Life assist with attorney’s in defending this resolution or using it as a springboard for furthering their agenda?

 Mr. Block has used his propaganda blog heavily, to endorse the resolution his partner set forth. He then went on the offense to attack and defame those against it, including a young lady receiving treatment for cancer, the mayor a business leader and this new source and its leadership.

 Mr. Block and Mr. Melton are partners, thus this past financial family connection to this pro-life advocacy group and the timing of his election campaign, raises the question of did Mr. Melton indeed receive, “so many requests from constituents to sponsor this resolution?” 

(AlamogordoTownNews.com has requested copies via an open records request with date and time stamps of all constituent communications requesting this be placed on the agenda. We are awaiting full details from the city of Alamogordo. Since Mr. Melton is opposed to the Alamogordo City Code of Conduct, and all such communications may not be in the city database, this request may lead to further questions concerning ethics and integrity of the complete record of official city correspondence with the commissioner and his partner related to this issue and the integrity of said correspondence.)          

A question the citizens of Alamogordo should be asking is rather this effort to facilitate this resolution is part of a bigger plot at a potential legislation and used as a test balloon using the tools, learnings and support of the Washington DC Based Americans for Life, Mr. Blocks former employer? 

Given Mr. Block, Mr. Melton’s domestic partner was employed with Americans United for Life, was there coordination, assistance, financial support or guidance in this effort from Mr. Blocks past employer? Why didn’t Mr. Melton disclose the past family connection to Americans United for Life and the capacity in which his partner served at the time of sponsorship of this resolution? 

Should Mr. Melton have recused himself from sponsorship of this resolution and from debate and voting given his family tie and family financial gain, in the past, by affiliation with this pro-life advocacy group?  Have Mr. Melton or Mr. Block had any contact with this corporation or any of its employees leading up to the sponsorship of the resolution?

At a minimum, in the spirit of transparency, Mr. Melton should have gone on the record and disclosed that his family had financially gained in the past by a relationship and of his partners past employment with Americans United for Life. There should have been a full disclosure of the relationship that existed and rather the advocacy group had been in any consultation or referenced in any manner with the proposed resolution.  Mr. Melton with the disclosure should have recused himself from participating in the resolution vote. 

Mr. Block when making public comment and attacking his opponents should have disclosed his past affiliation. He should have disclosed his past role and financial dealings and rather there was any contact with his former pro-life employer for support, reference, guidance, marketing assistance, legal assistance, verbiage or financial assistance or other contact concerning the resolution his domestic partner brought forth. Mr. Block should have disclosed he had a past financial incentive to move the pro-life agenda forward.

Did Mr. Block or Mr. Melton violate the law? Probably not. Did they leave out information that was relevant to the issue and the debate? Yes, they did. Was their failure to disclose a breach of ethics? Probably, this situation would make an interesting topic for a university level civics class or law class as a dialog on ethics and standards or codes of conduct and disclosure for the public trust. But now we better understand Mr. Melton’s concern with a Code of Conduct for City Commissioners.

Attempts to influence the City Clerk to quash signatures and ultimately a vote?

Mr. Block and Mr. Melton went even further in effort to discredit the democratic process that attempted to bring the resolution to a vote via a petition. On September 8th a Request for Public Records was submitted on behalf of John Block for a copy of the entire petition with signatures, names addresses and phone numbers. Interestingly the signature at the bottom of the request is that or his domestic partner and city commissioner Karl Paul Melton. KPM. 

Thus, a collaboration and/or a co-conspiracy by the two to discredit the signatures of the petition begun. See below

With Mr Melton’s signature above Mr. Block  received the data did “his analysis” and then submitted “his” analysis to the City Clerk of Alamogordo in an attempt to influence the outcome. He stated: “I am passing this along to help you in your validation process.”

See letter from John Block to the city clerk. 

His analysis did not necessarily match the Clerks own analysis.

Mr. Block attempted to suppress this authors vote with false information that “this author is not registered to vote” and included a link to the indictment of the settled court case as alleged evidence of why my vote should not be counted.

New Mexico State laws states: ”If you have been convicted of a felony, you can register to vote once you have completed the court-ordered sentence of imprisonment, including any term of parole or probation for the conviction. This provision includes federal, state and out-of-state convictions.”

Mr. Block has gone on the record that he does not believe in “rehabilitative Justice” thus his attempt to suppress votes but only of those that differ from him. 

But the city clerk was a professional and reminded Mr. Block that he cannot be involved in the research to certify rather signatures were acceptable or not…

The city clerk clarified that she cannot even look at his analysis until she completed hers. 

The question citizens should ask is did Mr Block really believe his analysis would be considered?

He is allegedly experienced enough in government to know the ins and outs of process and should know of the clerk had considered his research then she would have set the city up for significant litigation exposure. 

He was either naive?

Or was he and partner Karl Melton who signed for the information requested, attempting to influence the results of the clerks audit of which places him, the city and his partner Karl Melton in the crosshairs of potential litigation on charges of “voter interference,” “voter suppression” and with other actions, not covered in this story at this time, “voter intimidation.” 

In the end, Mr. Block via his propaganda blog released a story that the city was not qualifying the petition and he was rabble-rousing and spinning a story that the petition failed due to not enough qualified signatures…”they failed to get a mere 589 signatures” he claimed thus why it failed.

He released his story prior to the city officially releasing a press release detailing the reason. He ran with the “failed to gain signatures narrative” and still runs with narrative as does his partner the seated Commissioner.

The truth is the petition was disqualified because the “initial steps in the process was not followed correctly to prequalify the petition” from the City Clerk prior to gathering signatures…

Since the resolution was non-binding, it never should have been considered for petition, as the resolution has no meaning, other than an opinion, it has NO bearing of law. A resolution is not law.

The question the community must demand an answer for is what was the real motive behind Mr Melton and Mr. Block to sponsor this resolution that had no power of law?

Who were they in bed with to bring this into the public realm?

What was the real reason for the intensity of the fight by the Block/Melton Duo? 

Why the tactics of defamation against the mayor, voter suppression tactics and the fever pitch of demagoguery against those that disagreed with the resolution? 

Why was it so important for Mr. Block to ensure his analysis of voters that signed the petition to vote on a meaningless resolution “was on the record”?

The central feature of demagoguery is persuasion by means of passion, shutting down reasoned deliberation and consideration of alternatives. Demagogues “pander to passion, prejudice, bigotry, and ignorance, rather than reason.

Mr. Block and Mr. Melton went all out together for a resolution with no meaning? Mr. Melton sees no sense in a code of conduct for the city commissioners? Was this a trail balloon for something else? What’s next as act 2 in the saga of Melton/Block political duplicity?

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AlamogordoTownNews.com Otero County Commission Approves A Resolution Declaring Otero County as a Sanctuary for Life

To a packed County Commission Chamber the Otero County Commission tackled the issue of abortion with a non-binding resolution with much public dialog and a packed commission meeting. Couy Griffin sponsored the resolution and dialog after a constituent brought it to him for discussion. The County Attorney on multiple occasions reinstated that the resolution has “no enforcement mechanism” and that it is just a “statement of opinion.”

Couy Griffin specifically said that “abortions should not happen in any place except a hospital but not in clinics.” Debate shifted often with public comment. Couy welcomed other counties to declare themselves a “Sanctuary County for Life.”

The commission unanimously passed the resolution declaring the community a Sanctuary County for Life. Throughout the debate Commissioner Mattingley commented that he ensured that there were medical provisions made into the resolution to balance the resolution out of respect for health professionals and if a woman’s life was at risk.

The commission meeting can be viewed at:

Abortion clinics are primarily located in the northern counties of the state. A large abortion provider from out of state, has announced their planned relocation to Las Cruces. There has been dialog of an additional relocation of another abortion provider from out of state to Southern, New Mexico to serve those from Texas and surrounding states with more conservative state abortion laws.

This is an evolving story within the state of New Mexico and how local governments will respond to the recent supreme court ruling pushing the decisions back to the state governments. 

This idea of a Sanctuary County was not an original though of Commissioner Griffin nor the Otero County Commission the movement dates back to 2019…

On August 19, 2019, the Yadkin County Board of Commissioners in Yadkinville, North Carolina, passed a resolution to become the nation’s first sanctuary county to protect pre-born children from abortion. The resolution was the first step in a larger, three-pronged strategy put forth by the Personhood Alliance that is calling the pro-life movement back its roots and replicating the approach of early Christians in shifting the culture.

“The passage of this pro-life resolution is a historic event,” says Pastor Keith Pavlansky, president of Personhood North Carolina, who leads the Sanctuary for Life effort in the state. He and several other pastors and community leaders came together to build the momentum that led to the passage of Yadkin County’s resolution. “We have returned to constitutional law,” says Pavlansky. “We have rejected the ideologies of politicians and judges who permit the killing of pre-born and newly born children, and we look forward to drawing together as a community and helping expectant mothers and fathers as we work to create and defend a culture of life.”

To learn more about the origin of this initiative and the groundwork in working with counties such as Otero County in laying groundwork for further dialog visit:

The county commission has NO authority over the legislation of abortion within the state of New Mexico laws. However, it opted to debate a resolution today that reads…

https://agendasuite.org/iip/otero/file/getfile/23472

Resolution No. 07-14-22/111-09

A Resolution Declaring Otero County as a Sanctuary for Life

WHEREAS, the BOCC of Otero County stands in agreement with the Supreme 

Court of the United States’ recent decision to overturn Roe v. Wade and appreciate the 

Court’s decision to provide respect to state and local governments by allowing them to

decide if the lives of our unborn will be protected. The functioning of the American 

Republic is truly respected and restored by the Court’s decision; and

WHEREAS, the Declaration of Independence affirms that all men are created 

equal and have been endowed by the Creator with unalienable rights, chief among them 

the right to life, and that the protection of these rights is an affirmative duty of federal, 

state, and local governments; and 

WHEREAS, the Fifth and Fourteenth Amendments to the United States 

Constitution provide for the protection of all human life and liberty; and 

WHEREAS, the Supreme Court of the United States in Poelker v. Doe, 432 U.S. 

519 (1977), concluded that the Constitution does not forbid a state or county or city, 

pursuant to democratic processes, from expressing a preference for normal childbirth 

instead of abortion; and

WHEREAS, state police power derives from the Tenth Amendment to the United States Constitution, which gives states the power not delegated to the United States; and 

WHEREAS, the power to establish and enforce laws protecting the welfare, safety, and health of the public is a core function of the state’s Tenth Amendment police power, which includes the local government; and 

WHEREAS, the Board of County Commissioners of Otero County, New Mexico, consider life to begin at conception. This is proven by the multiplication of cells which is proven evidence that life is forming and a living human being is beginning to develop; and

WHEREAS, the Board of County Commissioners of Otero County, New Mexico, desires to express its deep concern that all human life, beginning from life inside the womb, through every stage of development, up and until a natural death, in Otero County should be afforded protection by their government, including local government, from acts of cruelty, and should be treated humanely and with dignity; and 

WHEREAS, there are instances where medical intervention is necessary and difficult decisions are required. The Board of County Commissioners of Otero County, New Mexico, believe the following: 1) emergency medical interventions performed to protect the life of the mother and/or unborn are decisions only to be made and decided on by the doctor and mother without government intervention. Otero County takes a neutral position out of respect for those involved, and 2) instances of rape/incest are criminal matters and those decisions are to be decided on by doctor/victim without government intervention. In such cases a full criminal investigation shall be conducted by the Otero County Sheriffs Dept. Otero County takes a neutral position out of respect for those involved; and 

WHEREAS, the Board of County Commissioners of Otero County, New Mexico, stands firmly against the presence in the County of Planned Parenthood clinics or any other clinics where abortion is practiced at will and on demand. Any procedures that need to be performed in regards to protecting the health of a mother will take place in a local hospital under the care of a physician; and 

WHEREAS, the Board of County Commissioners of Otero County, New Mexico, stands firmly against any medications which cause a miscarriage. We do so, not only to protect the developing child but also to protect the mother of any adverse reactions that these drugs may cause; and 

WHEREAS, the Board of County Commissioners of Otero County, New Mexico, condemns voluntary abortion practices used for any reason and believe that the intentional killing of an innocent human life is never acceptable. 

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OTERO COUNTY, NEW MEXICO AS FOLLOWS: 

1. That the Board of County Commissioners of Otero County, New Mexico, hereby recognizes and declares the full humanity of the preborn child through all states of life up and until a natural death and declares Otero County, New Mexico, to be a sanctuary for life where the dignity of every human being will be defended and promoted from life inside the womb through all stages of development in life up and until a natural death. 

2. That the Board of County Commissioners of Otero County, New Mexico, hereby resolves to enforce this resolution by all means within its power and authority, in accordance with its responsibility as the people’s elected local representatives

3. That the Board of County Commissioners of Otero County, New Mexico, hereby stand on this resolution to not only protect life, but also to honor God, who gives life. We believe that life is God ordained and God is the author and finisher of every life. No matter if at the beginning or at the end. We stand in full agreement that, as a body of commissioners, we will protect and sustain life at every stage. As we ask God to bless America, we first have to honor and respect God.

By protecting life and passing this resolution we feel that we do both. PASSED, APPROVED AND ADOPTED this 14th day of July, 2022. 

THE BOARD OF COUNTY COMMISSIONERS OF OTERO COUNTY, NEW MEXICO 

Vickie Marquardt, Chairman

Chairman Gerald R. Matherly, Vice-chairman 

Couy D. Griffin, Commissioner 

The resolution has no authority tied to it except as a statement of opinion, but many legal scholars debate if these resolutions of opinion are the foundation for groundwork to further erode abortion protections at the local levels of government. Time and certainly more lawsuits in the future will define that opinion. New Mexico state law protects a woman’s right to an abortion. 

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AlamogordoTownNews.com Otero County Commissioners Pass Sanctuary of Life County Resolution July 2022

AlamogordoTownNews.com: Otero County Commission Schedules Special Meeting to Discuss County Taxpayers to Pay for Griffin Defense

A special meeting of the Otero County Commission has been called for July 1st to discuss the possibility of Otero County taxpayers paying to defend Couy Griffin in a lawsuit filed against him for removal from office. 

Discuss and consider approval of legal representation for Commissioner Griffin in quo warranto lawsuit filed against him. https://agendasuite.org/iip/otero/file/getfile/23338

The case is 

STATE OF NEW MEXICO
COUNTY OF SANTA FE
FIRST JUDICIAL DISTRICT COURT
STATE OF NEW MEXICO, ex rel.,
MARCO WHITE, MARK MITCHELL,
and LESLIE LAKIND,
Plaintiffs,
vs. 

COUY GRIFFIN,
Defendant

The case was file for removal from office: “Plaintiffs Marco White, Mark Mitchell, and Leslie Lakind, by their undersigned counsel, bring this quo warranto complaint to remove Otero County Commissioner Couy Griffin from office and disqualify him from holding any future public office pursuant to Section Three of the Fourteenth Amendment to the Constitution of the United States and NMSA 1978, Section 44-3- 4(B) (1919), based on his participation in the January 6, 2021 insurrection at the United States Capitol.”

The subject before the Otero County Commission is should Otero County and its taxpayers pay to defend this lawsuit against Couy Griffin. His defenders argue yes this is filed from those outside of Otero County while his detractors argue the county should pick up the expense to defend him.

The meeting may be viewed via life stream at:

https://co.otero.nm.us/277/Commission-Meeting-Live-Stream

The question for citizens and public comments may be emailed, called in or made the day of the commission meeting is, “Is spending TAXPAYER money to defend Couy Griffin by the county highest and best use of taxpayer funds or should be fund his case privately?”

The world will be watching, as the Otero County, New Mexico Commission seems to get the attention of the nation’s press. 

What is disappointing is that attention given to Otero County by the national press is NOT for business development, quality of life, success in redevelopment, military partnerships, the beauty and attributes of the natural environment around us, but the coverage routinely evolves around political novelty of Couy Griffin and the Otero County Commission. 

Let’s hope this is a quick meeting and the commissioners get back to the people’s business of uniting the community as we inch toward the 4th of July, positive growth, business recruitment, jobs, safety and prosperity, and the health and happiness of the citizens of Otero County, New Mexico.

This too shall pass…

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AlamogordoTownNews.com Political Candidates GB Oliver & Amy Barela Q & A Responses & Financials

The Republican primary race between GB Oliver and Amy Barela for the 2nd District County Commission primary is the most watched race in the county and appears to have the most buzz from near and far. 

If fundraising were the measure, Mr. Oliver seems to be leading with a campaign war chest to date of $13,963,76 verses $9476.79 for Amy Barela to date.

Links to their most recent filings are below, followed by responses to the Q & A survey of questions from AlamogordoTownNews.com

GB Oliver 2nd District County Commission Seat Candidate

Largest Cash Contribution: Robert Joe Pattillo $2000, Richard A Boss $1000, Kerry Eaton $1000, Aubrey Dunn $500, James J Klump $500 (All local donors)

Loans to Campaign: GB Oliver $6063

In Kind: Justus Photography 

Total funds raised as of reporting period: $13963.76

Ending Balance as of reporting period: $ 8,977.79

Amy Barela 2nd District County Commission Seat Candidate

Largest Cash Contribution Self 2,562.38, Committee to Elect James Townsend Barela, Amy A. (Amy For Otero) $1000, Dustin Collins & Michael Collins $1000 each (local donors)

In Kind Justus Photography $100 

Total funds raised as of reporting period: $9,476.79

Ending Balance as of reporting period: $ $2,172.17

In April before the race got heated and in full swing, we submitted questions to all the candidates in the various races. Mr. Oliver and Ms. Barela were thorough in their execution the questions and each are very serious in the campaign for office. Both are very visible to the public and both have very active campaigns with a field of volunteers working on their behalf and with a very active social media presence. Both candidates have a unique offering and a wealth of public service experience. The question for the voters seems to come down to what is the go forward vision for Otero County that best fits the future and which candidate best represents a path forward to securing that future. What follows is the responses to our questions. We appreciate their time and dedication to allowing the public to get to know them better.

AlamogordoTownNews.com: Provide a brief biography of your governing and business experience.

Amy Barela Response:” My name is Amy Barela, and I am running to be your county commissioner in this 2022 primary election. I am a conservative that has served this county in many voluntary capacities for over 12 years. Some things I have been able to do:

  •  Bring the National Day of Prayer back to Alamogordo and for the last 5 years we have done just that.
  •  I have helped to increase our voter turnout and voter registrations in Otero County by 10%.
  •  I stood with businesses to help keep their doors open when unfair mandates jeopardized their livelihoods as well as their employees.
  • Along with a team of dedicated individuals we worked to get the county commission to designate Otero County as a second amendment county. There were 625 people in attendance when the county commission passed this resolution……… unanimously.
  •  I fought the school boards and alerted parents to the indoctrination of their children with curriculum that is fully engulfed with (CRT) critical race theory, sex education and other radical teachings parents were not aware of.
  •  These are just some of the things I have been privileged to work on with many wonderful, energetic people. I would enjoy visiting with you to listen to your concerns about the issues.

While this seems about activism, I do this to educate the community and hope to give the community a voice in all matters and issues. I try to keep the community informed because it is important for everyone to have the facts to make educated decisions. There are many resources available to us. The number one resource being you. I listen and have listened to Otero County citizens for years. The people guide me in their needs now and as your commissioner I will continue to listen to your needs.

  •  Holloman AFB is vital to our community. However, we must not put all our eggs in one basket. We must look at other ways to bring solid businesses to employ citizens in our county.
  • I understand the forestry issues adding the dumping and trash problems.
  •  I will work to protect our mountains and forest through responsible use of the land. I know how to help citizens clean up their neighborhoods caused by illegal dumping.

I am excited to address the opportunity of the American Dream, home ownership, with new laws that have been changed to allow access from counties for funding. I also have a plan to incentivize volunteers at our fire departments to allow our law enforcement to get back to being law enforcement and not first responders. I have a plan. I want the best for our county. I need your prayers in this new venture and am excited to move Otero County forward. I need your support. I humbly ask for your vote June 7th.”

GB Oliver Response: “’I’ve held virtually every position that exists in banking, including sitting as a director on the Board of Western Bank.

I was one of 3 founding members of the Paragon Foundation, an organization that provided funding and attorneys in cases defending Property and Constitutional Issues. I was named the Executive Director of the Foundation and remain in that position. The Paragon Foundation grew to have thousands of members spread across the United States. I published a Nationally syndicated Magazine on behalf of the Foundation, The Cowboy Way, that was provided to membership, as well as sold in Walmart, Barns and Nobel, Hastings, Tractor Supply, and numerous other outlets. The Foundation also carried or was the major funder of three cases heard by the United States Supreme Court, Robbins vs. Willkie, Heller vs. D.C., and McDonald vs. Chicago. Heller and McDonald are considered today to be second amendment landmark cases.

Currently, I am the Executive Director of the Alamogordo Center of Commerce where I have played a key role in solvency of a permanent status of the 3rd and 4th F-16 Squadrons, expansion of hyper-sonic weapon testing at HAFB and bringing in a regional Jet Service. I have also been actively involved in bringing a host of new business, Hotels, and a 252-unit Apartment Complex that we will be announcing shortly.”

AlamogordoTownNews.com: If you have held office please provide 3 pieces of legislation, ordinances, or initiatives that you personally sponsored that were focused on jobs or education. Please provide the outcomes to the legislation since passed. If your office is judicial, please explain your judicial policies or view from the bench.

Amy Barela Response: “N/A”

GB Oliver Response: “I have never held an elected office; however, I have been working hand and hand with Holloman leadership, acting as the liaison between Air Force and our elected officials in Washington to fund the expansion of the HAFB test track, expanding air space to assure the solvency of the F-16 mission as well has funding for state-of-the-art facilities for the MQ-9 mission. These endeavors have not only expanded the mission at Holloman but created many civilian jobs for this community.

I have also taken an active role in highlighting the NMDOD Stop Light Report regarding schools and have advocated for expansion of STEM, Career Tech, more school to work opportunities as well as higher standards.

Last year we secured 32 million dollars to be used for the design of the test track, this year we are seeking 138 million to begin construction on that facility. Those dollars will ensure that all hypersonic testing for the United States will be done at Holloman. We will be flying to Washington is the coming month to secure 58 million for the MQ-9 program and an additional 26 million through MILCON for taxi strip expansion.”

AlamogordoTownNews.com: What piece of legislation or ordinance have you passed that you are proudest off? If Judicial what ruling had the greatest impact on you when making it and why?

Amy Barela Response: “N/A”

GB Oliver Response: “As mentioned previously, the Paragon Foundation had major investments in three cases that were heard by the United States Supreme Court. Those cases were Robin vs. Wilke in 2007, District of Columbia vs Heller in 2008, and McDonald vs Chicago in 2010. I had the privilege of sitting before the Supreme Court during the oral briefs in all three cases. These cases have directly protected Americans 2nd Amendment Rights. 

I also co-authored several pieces of legislations, not only in New Mexico, but Wyoming, Arizona, and South Dakota. The most notable was the Concealed Carry Bill for the State of New Mexico, which required three legislative sessions before passing both houses and being signed by Governor Johnson.”

AlamogordoTownNews.com: Why are you running for office?

Amy Barela ResponseSee answer #1”

GB Oliver Response: “God has placed me in arenas my whole life that have developed my skill set to ultimately lead our community to a brighter future. My time in DC fighting for the rights of Americans has given me understanding of the intricate landscape of bureaucracy. DC is a terrible place, however learning how to navigate the architecture of the system has given me the edge to propel Otero County to a fighting chance to find prosperity.

Perhaps my greatest skill is being able to bring groups of people together, for a single purpose and vision. Our goal four years ago was to bring the City of Alamogordo, Otero County, the Alamogordo Public Schools and the leadership of Holloman Air Force Base together, meeting in the same room, at the same time, with a single focus. That had never happened in the history of this community and now it happens, here in the Center of Commerce, on a monthly basis.

This is my home and my family’s home for 125 years. It is where we raised our children, owned businesses, and have been allowed to live and associate with the finest people on this earth. It would be my greatest honor, and it is time for me to give back a small part of what this community has given my family.”

AlamogordoTownNews.com: What is your vision for the office you seek?

Amy Barela ResponseSee answer #1”

GB Oliver Response“We must be vigilant and proficient with spending taxpayer funds. A solid budget with growth factors is a must! We must expand and diversify our economic potential to GROW our way to a more fiscally responsible chapter.

Supporting our Sheriff’s Office is of utmost importance as we continue to see an uptick in crime and instability in our Judicial System. A strong emergency plan is a must. The more inflation creeps the more we need to rely on each other as a community to get through the upcoming economic crises. 

Protecting our Forest Land and water sheds with true intent. The Federal Government must be put on notice for the mismanagement of our Public Lands. This incompetence has impacted our water systems, cattle growers’ ability to maintain herds and a serious consequence for wildlife habitats and outdoor enthusiasts. 

Protect our historical and cultural backgrounds and capitalize on our strengths that we demonstrate in our community. We are unique and the rest of the Country can learn from us.”

AlamogordoTownNews.com: When we sit down 4 years from now what will you tell us you have accomplished while in the office you seek?

Amy Barela Response: “County Cleanup plan, road repair / development schedule, judicial complex issues to be complete or several stages through the implementation of, low-income housing 

development”

GB Oliver Response: “We have brought vision followed by action and accountability. We have brought high paying jobs, growth, educational prowess via alternative learning opportunities, a regional Jet service and now our community has seen the impact of solid leadership.”

AlamogordoTownNews.com: When is the last time you visited New York Avenue and shopped or spoke in person with the shop owners of that business district? 

Amy Barela Response: “Last week”

GB Oliver Response: “I met with two business owners on New York Avenue, in their place of businesses on 5/11/2022.”

AlamogordoTownNews.com: What do you view as the biggest opportunity and how you can assist with that opportunity for business growth in the New York Avenue business corridor?

Amy Barela ResponseALamogordoTownNews.com note: NO RESPONSE ON THE QUESTIONARE to this question from Mrs. Barela

GB Oliver Response: “The attitudes of business owners on New York have improved dramatically over the last three years. That, in itself, opened the doors to the transition we are witnessing in our downtown. Now this community is taking that area seriously, traffic is increasing and that alone will not only bring other businesses and increased property values in that area. My family owned five business at one time on New York in the 1920’s and 30’s. It was the heart and soul of this community then…and has the potential to be that again.”

AlamogordoTownNews.com: When is the last time you attended a High School Sports program? Amy 

Amy Barela Response: “Before covid”

GB Oliver Response“2018” 

AlamogordoTownNews.com: When is the last time you attended a High School Academic or Arts Program? Which event?

Barela Response: “School Board Meetings. Often”

GB Oliver Response“In 2016 I was asked to address the returning teachers and staff for the Alamogordo Public Schools. This community learned a tough lesson regarding the quality of Public Education and its impact on the business community. The quality of our education system was one of the reasons given by the Under Secretary of the Air Force for not permanently bedding down the three F-16 Squadrons at Holloman. His quote was “we will not subject the children of the men and women at Holloman Air Force Base to a substandard education.” That is what brought the changes in our Public Schools and eventually led to a perinate bed down of the three F-16 squadrons.”

AlamogordoTownNews.com: What is the last event you participated in at the Flickinger Center? 

Amy Barela Response“Often”

GB Oliver Response: “It was several months ago when I joined the Holloman Commander’s wives in a tour of the Flickinger.”

AlamogordoTownNews.com: What have you done to support local entrepreneurship and jobs growth the last 4 years?

Amy Barela Response: “Stood beside them during covid shutdowns to keep them open over big box stores. I am a job creator.”

GB Oliver Response“Everyday via the Center of Commerce…It’s what I do.”

AlamogordoTownNews.com: What have you done to improve upon the blight of abandoned homes and derelict businesses in Alamogordo or Otero County in the last 4 years?

Amy Barela Response: “Remove the junk cars”

GB Oliver Response: “The Center of Commerce, for the last year and a half, has made cleaning up this community one of our priorities and to engage with the City and County in that effort. Rodney Eaton led the initiative with several “Trash Pickups,” where 160 individuals gathered on a Saturday at various locations and the results were several tons of trash removed from our highways and streets. That has expanded into Otero County’s involvement, where their personal and equipment has joined these pickups. Our Sherriff participates by patrolling the highways to slow traffic during these pickups. The City of Alamogordo has now joined this movement by condemning and removing several structures in this community each month. In fact, the city has now budgeted money this year to completely rebuild Alameda Park, turning that facility into a beautiful park that we can all enjoy and be proud of. The lesson I take away from what has transpired in the last year and a half is that one man, Rodney Eaton, had a passion to change the optics of this community and because of the close relations we have fostered over the last four years with the City and County, we live in a cleaner environment.

We have several more of these clean ups scheduled and we invite you to participate!”

AlamogordoTownNews.com: What have you done to welcome new businesses into Alamogordo?

Amy Barela Response: “Attend ribbon cuttings”

GB Oliver Response“Center of Commerce is the first interaction an incoming business has when coming into this community. At the present, I am working with two hotels, two Aerospace companies out of California, both associated with the development of the hypersonic program slated to come to the Test Track. We are entertaining three investment groups looking at apartment complex sites, that also includes the 252-unit complex mentioned previously, three restaurants, a major truck stop, an entertainment venue, and a major box store.

Housing is our highest priority and what is refreshing about the Apartment complex is that for the first time, this project has been made possible by the City of Alamogordo and Otero County working on different facets of this project to make is happen. That is a first!”

AlamogordoTownNews.com: Name the top 5 locally owned businesses that you believe best represent the image you would like to see of Alamogordo going forward.

Amy Barela ResponseAlamogordoTownNews.com this was left blank by Mrs. Barela

GB Oliver Response: “Not going there.”

AlamogordoTownNews.com: Do you support an arts and cultural zone and diversity?

Amy Barela Response: “Yes”

GB Oliver Response: “They would certainly enhance the quality of life for those living here, however there are certainly higher priorities that need to be achieved to ensure their success.”

AlamogordoTownNews.com: What outreach have you done to build bridges of understanding and collaboration between people of color, the LBGTQ community and local government and the business community? 

Amy Barela Response: “That is everything I do often”

GB Oliver Response: “Most of my life has been dedicated to enhancing the quality of life for those living in our community. Color, culture, or sexual orientation plays no role in my world. We are all God’s creation, with certain needs, rights, and each deserves an equal opportunity. The rest is left to the courage and determination of the individual. To believe anyone, because of their color, culture, or sexual preference needs special status with government agencies is an insult to that individual’s integrity and God given gifts. I have never seen an individual, when given special status from government, that led a happier, more fulfilled life.” 

AlamogordoTownNews.com: How are you funding your campaign?

Amy Barela Response: “Self and donations”

GB Oliver Response: “The majority is my money with a few local doners”

AlamogordoTownNews.com: Would you support a local city and or county ordinance that requires more detailed annual reporting and transparency of finances on anyone in elected office with annual reports on campaign fundraising?

Amy Barela Response: “I think the county needs to have a reporting form for each newly elected official to report any income that is received from county (ie business transactions). Campaign finance reports are filed with the SOS for anyone to review. I plan on closing my account after the election and do not see the need to fundraise during my term. I will reopen if running for re-election when time.”

GB Oliver Response: “Transparency is the only true method of moving our community forward”

AlamogordoTownNews.com: Would you participate in a public drop in, questions and answers and/or a public forum hosted at Roadrunner Emporium 928 New York Avenue?

Amy Barela Response: “Yes”

GB Oliver Response: “Absolutely, Government works best in sunlight.”

AlamogordoTownNews.com: Would you support the growth of more bars, restaurants, galleries, and entertainment venues in Alamogordo’s New York Avenue area? What will you do personally to support growth and revitalization of the corridor?

Amy Barela Response: “Support any and all new business.”

GB Oliver Response:” Absolutely! In a healthy community, the original business district is always the heart and soul of activity. It should be the goal of every local governmental body to maintain and foster business there because it identifies not only who we were, but who we are. I have traveled all over the United States and when I see a community downtown business district, it tells me all I need to know about the trajectory of that community.”

AlamogordoTownNews.com: What is the one thing about Alamogordo that excites you the most?

Amy Barela Response: “Building it to be a better place for my family.”

GB Oliver Response: “The economic opportunities that are coming to this community. Make no mistake, there is rough water ahead, but there is no community that I’m aware of, better positioned to recover and excel once we see the other side, than are we.”

AlamogordoTownNews.com: Can you work in a bi-partisan manner with the majority party to drive more state and federal funding into redevelopment and jobs creation into the district?

Amy Barela Response:” I didn’t realize redevelopment and job creation was partisan?”

GB Oliver Response: “I have demonstrated many times the importance of finding middle ground and promoting our goals in Otero County.”

AlamogordoTownNews.com: Rather a judicial candidate or other candidate what can you do in your role to help solve the issue of homelessness and mental health patients on the streets of Alamogordo?

Amy Barela Response: “Affordable home ownership, veteran home ownership, jail rehabilitation and work programs, address drug abundance and availability with enforcement.”

GB Oliver Response: “Working collectively with our local agencies to support and find solutions will be our best method of stability for those in need.”

At AlamogordoTownNews.com, we appreciate the candidates that took the time for thoughtful responses to inform and possibly serve the public. 

Early voting has begun, get to know your candidate and come on down to the county building and vote early and let your voice be heard.

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CAlamogordoTownNews.com Political Candidates David Greenwald & Stephanie DuBois Q & A Responses & Financial

The Democratic primary race between David Herny Greenwald and Stephanie Louise DuBois for the 2nd District County Commission primary is neck to neck in the fundraising race with Mr. Greenwald slightly ahead of Mrs. DuBois. Links to their most recent filings are below, followed by responses to the Q & A survey of questions from AlamogordoTownNews.com

David Henry Greenwald 2nd District County Commission Seat Candidate

  • Largest Cash Contribution: Karen Lecomte $300, Christopher Jones $250, James Neely $200 (Local)
  • Gary Stallings, $250 (Out of County)
  • Loans to Campaign: 0
  • In Kind: 0
  • Total funds raised as of reporting period: $1722.54
  • Ending Balance as of reporting period: 1418.17

Stephanie Louise DuBois 2nd District County Commission Seat Candidate

  • Largest Cash Contribution: Debra Holland $250, Denise Lang Brown $200, Self $100 (local donors),
  • Robert Lara $100, Elizabeth Stefanics $100, Linda Siegle $100 (Out of County Donors)
  • Loans to Campaign: 0
  • In Kind: 0 
  • Total funds raised as of reporting period: $1495
  • Ending Balance as of reporting period: $747

Candidate Questionnaire Otero/Alamogordo Primary Elections between candidates David Henry Greenwald and Stephanie Louise DuBois

Note in an email dated 4/4/2022 Ms. DuBois emailed that she would “rather not participate” in the questionnaire.  What follows is the responses from candidate Greenwald…

AlamogordoTownNews.com: Provide a brief biography of your governing and business experience.

David Henry Greenwald 2nd District County Commission Seat Candidate response: 

Education: B.A., University of Northern Colorado, Anthropology and Archaeology; Northern Arizona University, Graduate Studies in Archaeology and Cultural Resource Management.

Background: I was raised on a ranch in Wyoming and developed a deep and abiding respect for the land. That early experience as well as a lifetime dedicated to cultural and natural resource management has allowed me to understand the concerns of those who rely on the land and its water resources. I admire and respect those who make their livelihood from the land: farmers, ranchers, foresters, outfitters and others who respect and retain an understanding of sound management practices. For more than 48 years as an archaeologist, I have consulted with conservationists, tribal governments, environmentalists, ecologists, and land managers, seeking methods to achieving mutually acceptable solutions. 

My wife, Dawn, and I were business owners for 17 years in Otero County before retiring here. For the past 9 years, I have served in a volunteer role as President of Jornada Research Institute, centered in District 2 of Otero County. I am heavily involved in eco-tourism in Otero and Lincoln counties, which is focused on engaging all ages of the public through involvement, study, and protection of cultural and natural resources. I consider myself a practical conservationist owing much to my conservative upbringing in Wyoming. I understand the need for sensible management applications to maintain environmental sustainability. I currently serve as President of Jornada Research Institute, a 501 – C – 3 not-for-profit educational and research organization. I am also a board member of the Tularosa Arts and History Council and a trustee of the Archaeological Society of New Mexico.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: If you have held office please provide 3 pieces of legislation, ordinances, or initiatives that you personally sponsored that were focused on jobs or education. Please provide the outcomes to the legislation since passed. If your office is judicial, please explain your judicial policies or view from the bench.

David Henry Greenwald Response: I have not held office previously.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: What piece of legislation or ordinance have you passed that you are proudest off? If Judicial what ruling had the greatest impact on you when making it and why?

David Henry Greenwald Response: I have not held office previously, thus not applicable.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com:  Why are you running for office?

David Henry Greenwald Response: “To try to make a difference. I’m born of conservative roots and believe in holding the line on spending while attempting to improve the job market and promote opportunities for residents of Otero County. We need to bring more jobs to this area to keep younger residents here and stop the “brain drain.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com:  What is your vision for the office you seek

David Henry Greenwald Response: “To bring back some normalcy to Otero County, reduce or eliminate wasteful spending on audits and unnecessary consultant fees. I hope to provide some level of rationale thought and behavior, and work to improve services, roads, and facilities for all Otero residents.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com:  When we sit down 4 years from now what will you tell us you have accomplished while in the office you seek?

David Henry Greenwald Response: That I have helped to improve county management and services, better relations among Otero County residents, and helped bring new businesses to the area.

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com:  When is the last time you visited New York Avenue and shopped or spoke in person with the shop owners of that business district?

David Henry Greenwald Response: May 10, 2022

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: What do you view as the biggest opportunity and how you can assist with that opportunity for business growth in the New York Avenue business corridor?

David Henry Greenwald Response: “Applying the Main Street revitalization program offers a community to draw businesses and people together. Efforts in the Alamogordo downtown district can benefit from applications and strategies offered by programs such as Main Street America, where grants can be obtained to help business owners or help businesses locate in downtown area. Alamogordo is unique in its Mid-America and Pueblo Revival architecture. Although I don’t have experience with programs like Main Street America, I have a keen interest in historic preservation. When the Plaza Pub was being threatened by the proposed construction of a CVS store, I went before the Alamogordo City Council and gave a presentation on why the Plaza Pub building should be preserved and repurposed. In that presentation I provided a similar type of project in Phoenix, Arizona, that I was involved that had a church of significance to the surrounding community that was slated to be destroyed as part of an urban redevelopment project. The parties involved found a way to develop around the church and make it part of that redevelopment area, satisfying the objections of the local residents. It is buildings such as the Plaza Pub (now the Tularosa Basin Historical Museum) that so many affiliate with Alamogordo. 

Another example has been the recent National Register of Historic Places nomination that I was a major contributor to for the Tularosa Acequia System. Although the Village of Tularosa has been listed as a District with various contributing buildings, the acequia system was not specifically identified. In 2019, I was part of a team who completed the complex nomination of the acequia system, which is now being recommended by the State Historic Preservation Office as the standard guide for future acequia nominations.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: When is the last time you attended a High School Sports program?

David Henry Greenwald Response: “Probably one of the championship football games at Tularosa High School.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com:  When is the last time you attended a High School Academic or Arts Program? Which event?

David Henry Greenwald Response: “Not applicable”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: What is the last event you participated in at the Flickinger Center?

David Henry Greenwald Response: “I did a presentation and shared a film on the history of Fort Craig and the looting of military and civilian graves that took place from the 1960s well into the 1990s. The name of the film was Helluva Way To Treat A Soldier, produced by the Bureau of Reclamation. Looters were searching for military items to sell on the black market. We were tasked by the Bureau of Reclamation to fully excavation the cemetery to recover the remains of those who were buried there but were being desecrated by profiteers and antiquity collectors, and attempt to identify them. The remains of all 65 individuals are now buried at the Santa Fe National Cemetery.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: What have you done to support local entrepreneurship and jobs growth the last 4 years?

David Henry Greenwald Response: “Largely, my focus has been on eco-tourism, creating opportunities that involve public programs as educational venues that teach all age categories about our natural and cultural resources. These programs teach participants about the value the resources provide and what we can learn from studying them, about how the past was and how we may be able to use that knowledge to better the present, and the need to respect our natural and cultural resources so future generations can learn from and enjoy them . 

Recently, we had Alamogordo middle school students participate in an excavation program to teach them about archaeology methods and techniques. Except during Covid, this has been a reoccurring program, one that the students get to experience the outdoors and actual excavating of prehistoric remains.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: What have you done to improve upon the blight of abandoned homes and derelict businesses in Alamogordo or Otero County in the last 4 years?

David Henry Greenwald Response: “Although I have not been involved in any efforts up to this time to correct this situation, I have been attempting to find a solution that may help reduce the number of such abandoned homes and derelict businesses. Perhaps an incentive program could be developed that provided funds to such owners to clean up their property or remove unsightly accumulations of debris. The incentive program would provide funds to the owners rather than pay a clean-up crew to do the work. This approach could save the county considerable revenues, while the owner’s costs would be covered. This program needs some development, but it would likely place the burden on the owners through incentives.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: What have you done to welcome new businesses into Alamogordo?

David Henry Greenwald Response: “No activity. I think there should be an organized committee at the county level that welcomes new businesses to the area, shares information about the new business to the area with the public and promote its services and products. This was a disappointment to me when we created the non-profit that I operate, with very little interest shown toward what we were attempting to do. A few in the community have been very supportive, but we’ve felt little support since the inception in 2013. This needs to change with an interest in all businesses to see that they are successful and remain a viable part of the greater community.

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: Name the top 5 locally owned businesses that you believe best represent the image you would like to see of Alamogordo going forward.

David Henry Greenwald Response: “All businesses are important to the community, whether they are owned and operated by an individual or a large corporation. I would like to see greater use of historic buildings and buildings repurposed rather than new construction that lends itself to urban sprawl. The community should focus on heightened use of the downtown zone where more activities associated with the arts, music and culture could be shared with residents and visitors to the area.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com:  Do you support an arts and cultural zone and diversity?

David Henry Greenwald Response: “Absolutely. Music, art and cultural diversity are a reflection of ourselves. The more robust and greater the variety, the more representative it is of our diverse heritage. When we experience the arts and culture of other nationalities, we gain a better understanding of people who may look different than ourselves but share the same life hardships and accomplishments. Art and music transcend ethnic and cultural boundaries. I was instrumental in bringing the Los Rondas de Cifuentes to Tularosa from Guadalajara, Spain to perform traditional music and songs from Spain with hand-made instruments at St. Francis de Paula church just prior to Christmas in 2019.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: What outreach have you done to build bridges of understanding and collaboration between people of color, the LBGTQ community and local government and the business community?

David Henry Greenwald Response: “No activity.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: How are you funding your campaign?

David Henry Greenwald Response: “Privately with donations.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: Would you support a local city and or county ordinance that requires more detailed annual reporting and transparency of finances on anyone in elected office with annual reports on campaign fundraising?

David Henry Greenwald Response: “Absolutely.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: Would you participate in a public drop in, questions and answers and/or a public forum hosted at Roadrunner Emporium 928 New York Avenue?

David Henry Greenwald Response: “Yes, assuming it doesn’t conflict with a previous event.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com:  Would you support the growth of more bars, restaurants, galleries, and entertainment venues in Alamogordo’s New York Avenue area? What will you do personally to support growth and revitalization of the corridor?

David Henry Greenwald Response: “Yes, I would like to see more cultural activities offered in our area.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: What is the one thing about Alamogordo that excites you the most?

David Henry Greenwald Response: “Alamogordo’s setting. It is located in what was a very active cultural area during prehistoric times. However, very little formal research and documentation has been completed on its prehistoric occupants, how they lived, the various resources they used to feed themselves, or how extensively they used the land and resources available to them. Alamogordo offers prime opportunities for eco-tourism if developed in tandem with BLM and the USFS.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: Can you work in a bi-partisan manner with the majority party to drive more state and federal funding into redevelopment and jobs creation into the district?

David Henry Greenwald Response: “I feel that I can. Much can be gained from negotiation and compromise as I learned during my professional career that required finding reasonable solutions to complicated needs with a fixed amount of funds available.”

Stephanie Louise DuBois – No Response

AlamogordoTownNews.com: Rather a judicial candidate or other candidate what can you do in your role to help solve the issue of homelessness and mental health patients on the streets of Alamogordo?

David Henry Greenwald Response: “Lacking prior experience in such social matters, I would likely attempt to provide a reliable shelter where individuals in need could turn for help. Perhaps this could be a community-wide service supported by public, private, civic organizations and churches with an emphasis to shelter and house those in need.”

Stephanie Louise DuBois – No Response

At AlamogordoTownNews.com, we appreciate the candidates that took the time for thoughtful responses to inform and possibly serve the public. Early voting has begun, get to know your candidate and come on down to the county building and vote early and let your voice be heard.

STAY CONNECTED! SUBSCRIBE TO FREE EMAIL UPDATES FROM 2ND LIFE MEDIA ALAMOGORDO

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Supreme Court Upholds ADA for a 3rd Time

The Supreme Court on Thursday tossed out a closely watched legal battle targeting the Affordable Care Act, rescuing the landmark health care law from the latest efforts by Republican-led states to dismantle it.

The court ruled 7-2 that the red states and two individuals who brought the dispute do not have the legal standing to challenge the constitutionality of the law’s individual mandate to buy health insurance and ordered the case to be dismissed.

Justices Samuel Alito and Neil Gorsuch dissented. Justice Stephen Breyer delivered the majority opinion for the court.

As originally enacted in 2010, the Patient Protection and Affordable Care Act required most Americans to obtain minimum essential health insurance coverage. The Act also imposed a monetary penalty, scaled according to in- come, upon individuals who failed to do so. In 2017, Con- gress effectively nullified the penalty by setting its amount at $0. See Tax Cuts and Jobs Act of 2017, Pub. L. 115–97, §11081, 131 Stat. 2092 (codified in 26 U. S. C. §5000A(c)).

Texas and 17 other States brought this lawsuit against the United States and federal officials. They were later joined by two individuals (Neill Hurley and John Nantz). The plaintiffs claim that without the penalty the Act’s min- imum essential coverage requirement is unconstitutional.  The court concluded they had no standing. 

To read detail of the ruling visit

https://www.supremecourt.gov/opinions/20pdf/19-840_6jfm.pdf

Thursday’s 7-2 ruling was the third time the court has rebuffed major GOP challenges to former President Barack Obama’s prized health care overhaul. Stingingly for Republicans, the decision emerged from a bench dominated 6-3 by conservative-leaning justices, including three appointed by President Donald Trump.

“The Affordable Care Act remains the law of the land,” President Joe Biden said, using the statute’s more formal name, after the court ruled that Texas and other GOP-led states had no right to bring their lawsuit to federal court.

At the time of printing no statement has been released by the New Mexico Republican Party concerning the ruling. 

The lawsuit, initially fashioned as Texas v. United States, was filed in February 2018 by 20 Republican state attorneys general and Republican governors. The plaintiffs wanted to revisit National Federation of Independent Businesses v. Sebelius (NFIB), where the Supreme Court, in a 5-4 vote, upheld the mandate as constitutional. In that decision from 2012, Chief Justice Roberts construed the mandate as a tax, concluding that it was valid under Congress’s authority to tax and spend.

The challenge in Texas is related. The plaintiffs argued that the individual mandate is unconstitutional after the Tax Cuts and Jobs Act of 2017, in which Congress set the penalty for not purchasing “minimum essential coverage” coverage to $0. That bill was adopted in December 2017 using the budget reconciliation process after Congress repeatedly tried and failed to repeal the ACA throughout 2017. Without the penalty, the plaintiffs argued, the mandate is unconstitutional. They further argued that the mandate is so essential to the ACA that it cannot be severed from the rest of the law, meaning the entire ACA should be struck down. At a minimum, they asked the court to strike down the law’s guaranteed issue and community rating provisions alongside the mandate.

The state plaintiffs were later joined by two individual plaintiffs who live in Texas and purchased unsubsidized marketplace coverage. These individuals objected to having to comply with the mandate but intended to purchase ACA-compliant coverage in 2019, even after the penalty was set to $0, because they wanted to follow the law. The individual plaintiffs were likely added to the lawsuit to bolster the states’ weak standing argument in the lawsuit—which we now know was to no avail.

Democratic state attorneys general from (initially) 16 states and the District of Columbia—led by then-California Attorney General (and now Department of Health and Human Services Secretary) Xavier Becerra—were allowed to intervene in the case to defend the ACA. These states sought to protect their interests in billions of dollars in federal funding under the ACA, to ensure that their residents have access to health care, and to prevent chaos in their health care systems if the ACA was found to be unconstitutional.

The Department of Justice (DOJ) partially agreedwith the plaintiffs and declined to defend the constitutionality of the mandate and other key ACA provisions. This was a highly unusual position: historically, the DOJ has defended federal statutes where a reasonable argument could be made in their defense. Then-Attorney General Jeff Sessions informed Congress of the DOJ’s position that the mandate was unconstitutional and that the ACA’s provisions on guaranteed issue, community rating, preexisting condition exclusions, and discrimination based on health status were inseverable and should also be invalidated. At that point, the DOJ had drawn the line there, arguing that the rest of the ACA was severable and should remain in effect.

In December 2018, Judge O’Connor, a federal judge in the Northern District of Texas, agreed with the plaintiffs and declared the entire ACA to be invalid. He reaffirmed this decision in late December when issuing a stay and partial final judgment. Many of district court’s legal conclusions, from standing to severability, were criticized by conservative legal scholars, the Wall Street Journal editorial board, and the National Review editorial board, among others. 

The Fifth Circuit

The DOJ and Democratic attorneys general appealed Judge O’Connor’s decision to the Fifth Circuit Court of Appeals. Democratic attorneys general from an additional four states and the U.S. House of Representatives were allowed to intervene to defend the ACA while two plaintiff states withdrew from the case. On appeal, the DOJ under then-Attorney General William Barr took the new position that the entire ACA should be declared invalid. From there, the DOJ changed its position twice more, suggesting first that the district court’s decision applied only to the plaintiff states and two individuals, and second that the court’s remedy should be limited only to the provisions that injured the individual plaintiffs.

After oral argument, the Fifth Circuit, in a 2-1 decision, partially affirmed the district court, agreeing that the mandate is now unconstitutional. However, instead of determining what this meant for the rest of the ACA’s provisions, the court remanded the case for additional analysis on the question of severability. One judge disagreed with these conclusions and filed a lengthy dissent arguing that the plaintiffs lacked standing and that, in any event, the mandate remains constitutional and severable from the rest of the ACA. She opined that there was no need to remand, especially on severability.

At The Supreme Court New Mexico Joined The Argument the ACÁ Should Stay Intact

The Democratic attorneys general and the House appealed the Fifth Circuit’s decision to the Supreme Court. They initially asked for expedited review, which was denied. However, the Court agreed to hear the appeal on a non-expedited basis and also granted a conditional cross-petition filed by Texas, which asked the Court to uphold the district court’s decision. By granting both petitions, the Court considered the full scope of legal issues in Texas—from whether the plaintiffs have standing to whether the rest of the law could be severed from the individual mandate.

During the briefing and oral argument, 18 Republican attorneys general and governors, two individuals, and the Trump administration argued against the validity of the ACA, which was defended by 21 Democratic attorneys general and the House. The 18 challenger states were Texas, Alabama, Arkansas, Arizona, Florida, Georgia, Indiana, Kansas, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee, Utah, and West Virginia. The 21 intervenor states were California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Iowa, Kentucky, Massachusetts, Michigan, Minnesota, Nevada, North Carolina, New Jersey, New York, Oregon, Rhode Island, Virginia, Vermont, and Washington. Republican attorneys general in Montana and Ohio were not parties to the case but filed an amicus briefarguing that the mandate is unconstitutional but severable from the rest of the ACA. And a bipartisan group of governors from Maryland, Maine, New Hampshire, New Mexico, Pennsylvania, and Wisconsin filed a separate brief arguing that the ACA should be upheld. All but four states took a formal position in the lawsuit.

Briefing was completed in mid-August, and all filings are available here. Prior posts analyzed opening briefs from California and the House; amicus briefs from nearly 40 health care and other stakeholders; opening briefs from Texas, two individuals, and the Trump administration; amicus briefs from six organizations; reply briefsfrom California and the House; and reply briefsfrom Texas and the two individuals.

Oral Argument

Oral argument was held on November 10, 2020 by the full panel of judges, including then-newly seated Justice Amy Coney Barrett whom President Trump nominated after the death of Justice Ruth Bader Ginsburg. (The Texas litigation and oral argument loomed large over Justice Barrett’s confirmation process in the Senate.) All three core issues of the litigation were discussed during oral argument: whether the plaintiffs had standing to sue, the continued constitutionality (or not) of the individual mandate, and whether the rest of the ACA could be severed if the mandate is unconstitutional.

As discussed here, much of the oral argument focused on standing. Many Justices seemed troubled that the penalty-less mandate could not be enforced against the plaintiffs and that invalidation of the mandate alone would not address their alleged injuries. Many also raised concerns about the “standing through inseverability” theory advanced by the plaintiffs and DOJ. These topics were key in the Court’s ultimate decision, discussed below.

Post-Oral Argument

Following the 2020 election, the Biden administration formally changed its position in the litigation. In early February, DOJ submitted a letter to inform the Court that it had reconsidered its position and no longer adhered to the conclusions in previously filed briefs. Upon reconsideration, DOJ’s new position was that the individual mandate, even with a $0 penalty, remained constitutional: The 2017 amendment to the ACA to reduce the penalty to zero “did not convert [the mandate] from a provision affording a constitutional choice into an unconstitutional mandate to maintain insurance.” DOJ’s argument echoed the briefs filed by California and the Housebut did not address standing at all.

It is worth noting that Congress enacted the American Rescue Plan Act in March 2021. This new law expanded upon the ACA by temporarily enhancing marketplace subsidies for lower- and middle-income people through 2022. To the extent that the Court looked to subsequent congressional action, this would have showed that the current Congress believed the ACA remained sound and constitutional. 

New Mexico Health and Human Services Department estimated that over $1.7 billion in federal funding was at risk because if the Medicaid expansion went away, then that would have away too, and so underpinning all of the ACÁ is not just the coverage that people have. It’s also the money that comes into New Mexico from the Federal system.

There was also concern about people with preexisting conditions, which is a protection under the Affordable Care Act that prevents insurers from discriminating against those who have them. If it had been overturned those protections would have also gone away.

Yet serious problems remain.

Nearly 29 million Americans remained uninsured in 2019, and millions more likely lost coverage at least temporarily when the COVID-19 pandemic hit according to the Kaiser Foundation. In addition, medical costs continue to rise and even many covered by the law find their premiums and deductibles difficult to afford as inflation rises.

In response, Biden’s $1.9 trillion COVID-19 relief package enacted in March expanded federal subsidies for health insurance premiums for those buying coverage. His infrastructure and jobs proposal being negotiated in Congress includes $200 billion toward making that permanent, instead of expiring in two years.

But his plan includes none of his more controversial campaign trail proposals to expand health care access, like creating a federally funded public health care option or letting Medicare directly negotiate drug prices with pharmaceutical companies. While those proposals are popular with Democratic voters, they face tough odds in a closely divided Congress.

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Small Town Republicanism Highjacked – Take Back Republicanism – a Commentary by Bay Area Author & Political Strategist: Chris Edwards

As Published in The Napa Valley Register 2/9/2021

“That’s another one of those Clinton murders,” Ms. Greene said, referring to John F. Kennedy Jr.’s death in a 1999 plane crash, suggesting that he had been assassinated because he was a potential rival to Hillary Clinton for a New York Senate seat.

Ms. Greene casually unfurled the cascade of dangerous untrue conspiracy theories in a video that was originally posted to YouTube in 2018. It provides a window into the warped worldview amplified by the freshman Republican congresswoman from Georgia…a conservative provocateur who has proudly brought the hard-right fringe to the Capitol…

The excerpt in The New York Times 1/29/2021, would normally seem foreign to Napa, sadly that is no longer the case.

What is the case, is these fringe conspiracy minded individuals are now out and proud. One outcome of Doris Gentry ‘s poorly executed run for mayor, is elements of the fringe backed her- out, loud and exposed themselves.

These individuals moved to the mainstream and highjacked Doris Gentry’s campaign messaging, with her blessing, until caught. She backpaddled and claimed, “not to have them in her rolodex,” yet she continues down the path with them looking like a fool in their grips, hook, line, and sinker.  Even after a resounding loss, she still propagates their messaging in social media with a recent homophobic post on Facebook. She posted on the now defunct Parlor, without remorse.

A former grand jury member, a restaurant owner and doll maker, a former homeland security employee and members of the right wing religious community all embraced her campaign, high jacked its messaging; and under its auspice brought the Proud Boys, Walk Away and extremists into the mainstream of Napa.


The Napa County GOP under the leadership of Chairman, Larry Green invited the public, “To See What The GOP Is All About” as reported in the Napa Register 6/13/2019 and hear Walk Away founder, Brandon Straka, spew propaganda. Since then Straka was arrested in connection with the Capitol assault. Indeed, this did prove what the, present, Napa GOP, is all about! It continued to support Doris Gentry after the revelations of her resume embellishments and the fact her Chocolate and Wine Charity Fundraiser only netted a profit of less than $200.00 on $56,000.00 raised. The GOP leaders doubled down – its leaders via social media posts and comments, attacked people that exposed Doris.

Doris launched her campaign with Ben Bergquam trying to legitimize their movement locally, all the while the press identified him as a Proud Boy. His Napa debut was at the launch fundraiser for Doris Gentry, as seen in multiple videos. This fine “patriot” was, also arrested, for harassment and trespassing on government property in Sacramento per The Hill 1-31-19.

The GOP party leadership still has not distanced itself from these extremists. It is being used as a platform of hate, and it’s time that the silent majority of rational, educated Republicans, take the party back.

Many within the communities of people of color and the LBGTQ community have witnessed this thuggery in Napa for decades only to be  told; “oh,  you are exaggerating, that is old Napa from decades ago, every city has issues, that’s not my Napa.


Well, the dirty little secret is, this is “our Napa” of the past and continues in the present. It has been swept under the carpet for too long.

Now we make the national headlines with Ian Benjamin Rogers arrest for bombs, machine guns and The LA Times Reports 1-28-21; “ A suspected far-right extremist and radicalized supporter of former President Trump facing federal explosives charges may have been targeting California Gov. Gavin Newsom and the San Francisco Bay Area headquarters of social media giants Twitter and Facebook, according to the FBI.”


This has got to stop; here, now, and today. The centrist of both parties need to purge radicalized individuals from their rolls.

The Republican party needs to take a hard look at itself. It was once a party of law and order, fiscal responsibility, constitutional principles, and patriotism. The party used to support the constitution. It once led, as an example, of constructive compromise, under constitutional and logical science based debate. Not any longer. It has been highjacked by radicalized, false, and conspiratorial ideology; that is self-serving, and does not represent constitutional law nor the views of the SILENT MAJORITY.


Until the Republican party can take a self-inventory, purge itself of this contagion and re-establish itself to its founding principles; it will decay upon itself, as a failed cause.

Today, the leaders of the Republican Party of Napa County need to stand up and retake true Republicanism, or the Central Committee and its leaders should be recalled, as should any Republican elected official that continues down these rabbit holes of conspiratorial fraud they are perpetuating onto this nation.

https://napavalleyregister.com/opinion/letters/republicans-need-to-take-a-long-hard-look-at-themselves/article_20724bdd-b78d-5582-9b17-85e92b883fb1.html