State Auditor Assesses Doña Ana County

The State Auditor just told Doña Ana County that its many faults include a culture in which many workers feel management exhibits favoritism, cronyism, and a tendency to retaliate.

My July 26, 2015 column, "County Must Face Music Juries Hear." recited that two years earlier, after witnesses repeatedly testified to discrimination and retaliation against those reporting it, the jury awarded money to terminated county employee Armando Granados; and that in July 2015 similar testimony led another jury to award terminated employee Kim Stewart $1.9 million. Jurors in both cases told me they wanted to send county management a powerful message. The Stewart jurors, post-verdict, hugged Kim. As I wrote then, “Twelve everyday people, given a sudden glimpse into how the county operates, were disgusted.”

I’ll need time to digest the 355-page report; but it’s bad. As State Auditor Joseph Maestas said, auditors found “serious weaknesses in crucial systems” affecting “virtually every aspect of county government, . . . Employees complaining of favoritism, lack of fairness, and fear of retaliation. The people of Doña Ana County deserve a government that operates with integrity and confidence, and the county workers who serve them are entitled to a workplace grounded in fairness and accountability.” Too, county government is a little careless with our money. He said, “the urgent need for corrective action is immediate and non-negotiable.”

Maestas will report to the state attorney-general that (as I’ve written) the County breaks the Inspection of Public Records Law. Yoli Diaz recently filed suit alleging many such violations. As independent auditor Nelson Duran said during public comment, “Do a word-search for ‘significant finding.’” The phrase turns up a lot.

Part of how we got here was a long-running dispute between county management and Sheriff Stewart. When management threatened an audit, Stewart said, “bring it on! Let’s audit everyone.”

A half-dozen of the 42 findings do concern DASO, from the Sheriff’s failures sometimes to attend County Commission meetings, as required by law, to some inadequate training (or documentation of training).

But on one issue, the auditors said what this column said at the time about County interference with Stewart. State law requires police cadets to take tests, including psychological. A state-certified psychologist assesses those and advises the police chief or sheriff. County HR (perhaps just to interfere with Kim) jumped in and belatedly overruled the shrink and the sheriff, saying some guys we were training should be dismissed. Hnnh? The experienced, state-appointed shrink evaluates the entire file, including the tests, decides the relative weight of good and bad evidence, and reaches a conclusion, and then some HR pencil-pusher vetoes that? Didn’t make much sense to me. Nor did it to these independent auditors, who wrote, “The Sheriff should be afforded to use his or her judgment and authority to bestow or remove their powers from deputies,” adding, “Repeated overriding of the licensed psychologist’s statutory authority under 10.19.9.12, which explicitly assigns psychological suitability determinations to the evaluating psychologist, not HR, created material legal and operational risk.” A cadet wrongly denied accreditation might have a good lawsuit. If these bozos overruled the psychologist in the other direction, requiring the Sheriff to hire someone the psychologist warned was unstable, a later victim of misconduct by that individual could sue the county.

Compounding the problems, the county didn’t even allow for appeal until Stewart demanded it – then sued Stewart, without asking the County Commission’s position or providing Stewart conflict counsel.

                                                                – 30 –

 

[The above column appeared Sunday, 31 May 2026, in the Las Cruces Sun-News and on the Sun-News website and (presently) on KRWG’s website. A shortened and sharpened radio commentary version of this Sunday column will air during the week on KRWG (90.1 FM) and on KTAL-LP (101.5 FM / http://www.lccommunityradio.org/)]

[This was a quick initial response to the audit, of which I’m reading most of the 355-pages, so I may have further comments next week. Folks should recognize (a) that this is serious, (b) but that, as the Auditor assured us at the meeting, the County is not broken, (c) and that while I’m sure not thrilled with some of the behavior of present commissioners, many of these problems pre-dated their tenures and may not have been so easy to uncover. Blame county management, current and recent and long-ago; but let’s withhold judgment on the commissioners. Let’s watch how they do now. Also, much of the material regarding moneys seems to involve "inadequate controls" rather than "X stole $$$ from the Y Department."  That is, things are not quite as they should be, but there's not necessarily specific intentional misconduct regarding finances.]

[If you want to read the audit, I heard Commission Chaparro request that the County Manager put it on the County’s website, which he said he would do. ]

[I also understand that Cari Neill, the County Attorney I’ve often criticized, is on her way elsewhere. If so, I wish her well. ]

 

Preferences in the Present Primary Election

As I do during elections, I have sent out to friends and associates a set of suggestions on my preferences.  Early voting in the 2026 primary ids in progress, with the election next Tuesday, 2June.

Friends –

Election Day for this primary election is Tuesday, June 2, but early voting is in progress at the County Office Complex on Motel Boulevard (8 am to 5 pm Monday through Friday) and elsewhere. A list of satellite and election day sites is available here.  If you want to request an absentee ballot, see a personalized sample ballot, or take care of any other voting matters, go to NMvote.org (where you can scroll down very slightly to the dark blue boxes with everything you might need to know).

For Governor I recommend former Congressperson and Secretary of the Interior Deb Haaland.  One friend calls her “a listen-first governor.” I was also appalled by the absurdity of Mr. Bregman’s misleading campaign ads, as discussed in this Sunday column this Sunday column. I believe Deb Haaland would be a welcome change for New Mexico.  

 For Lieutenant Governor, I recommend Maggie Toulouse Oliver, our two-term New Mexico Secretary of State. She has been a champion for voting rights in New Mexico. 

For Secretary of State, I strongly support Doña Ana County Clerk, Amanda López Askin, who has conducted elections fairly and competently and been a strong champion for voting rights. When the County Commission appointed her, she was not my choice. However, I have watched her closely since then, and had a very good vantage point for doing so, and been consistently impressed. She is smart, diligent, and exhibits good judgment consistently.  

For State Land Commissioner I recommend Matthew McQueen, a conservation land attorney who serves in the New Mexico House of Representatives as chair of the Energy, Environment and Natural Resources Committee. He has been endorsed by the Conservation Voters of New Mexico and the Sierra Club. Nothing against Juan Sanchez, formerly a top staff person for Senator Heinrich. However, based on legislators who are mutual friends, I feel more confident that Matt McQueen will do what needs to be done effectively.

For State Representative in District 33 I very strongly recommend the incumbent, Micaela Lara Cadena. I’ve watched Cadeña develop as a legislator. I would likely have supported her anyway, based on her record, but what cinches the deal is how viciously she has been attacked and vilified by supporters of Project Jupiter. As discussed in my most recent column, the same folks vilifying Cadeña for standing up to power, wealth, and party leadership are responsible for her opponent’s candidacy, having provided the bulk of its support. She’s also a strong advocate for reform of laws that make it more difficult to attract and retain medical professionals.  Particularly after we’ve watched so many political leaders we supported kneel down to the Jupiter proponents who plied them with money and bullshit, we can’t afford to lose Cadeña to an otherwise nice lawyer who offers no real advantage to us and is bankrolled by Jupiter folks.

In State Representative District 34, I lack sufficient knowledge to offer a suggestion between incumbent Ray Lara , who has been a champion for education, and Juan Fuentes, who sounded great the one time I heard him speak.  A good article covering both candidates is available here.

In State Representative District 37, where Joanne Ferrary is retiring, I urge a vote for Lori Martinez based Joanne’s strong endorsement of her and Martinez’s effective leadership qualities. She already has a thorough knowledge of the important policy issues and how best to address them.

For District Judge I recommend Isabel Jerabek.  Isabel is an attorney specializing in family law, with a special interest in ensuring access to justice for everyone.  She has been a leader in organizing free legal clinics with the District Court Pro Bono Committee and is by all accounts a sincere, compassionate person and a very hard worker. I know her slightly. More important, my poll of court-related folks who have the knowledge and viewpoint to speak, she’s a heavy favorite among them, partly because of her independence and her demonstrated capacity for hard work. Her opponent is also said to be a competent lawyer.

For Doña Ana County Sheriff, two candidates seem to me to be the best fits for the job.  James Frietze has a calm, professional demeanor and extensive experience as a State Police officer, instructor and administrator, including in rural areas like Doña Ana County.  He has been endorsed by the  Doña Ana County Sheriff's Deputies Union.  Vanessa Ordoñez has a combined 20 years of military and law enforcement experience that include 7 years as Chief of Police for Anthony, New Mexico.  Vanessa has been especially active in building relationships and collaboration among other downstate law enforcement agencies, mental health providers and justice boards.  She has been endorsed by current Doña Ana County Sheriff Kim Stewart.  I would particularly avoid a vote for Jon Day, although he has the most experience within DASO among the candidates.

The Doña Ana County Assessor has occupied more of my time and effort recently than you might guess. Of the three candidates: I would eliminate Ruben Reyes because his work in that office led to complaints of sexual harassment and a finding regarding creating a hostile work environment. (He also was weirdly inconsistent in communications with us about a candidate forum: he claimed not to have received his invitation; then contacted us to request a redo after his two competitors appeared on our show; but then at the last moment he backed out, with no explanation. Not a good sign!) That leaves recently-resigned County Commissioner Shannon Reynolds and incumbent Eugenia (Gina) Montoya Ortega. Who was elected over Reyes in 2022.  Shannon, a personal friend, is bright, energetic and creative, with wide and varied experience that he would bring to the position.  Gina, the incumbent, has the benefit of four years of hands-on experience as assessor and appears to be doing a capable job.  Her close ties with the larger community may also help many residents feel confidence in the assessor's office and with the role of fair taxation in building and maintaining our community. A recording of Shannon and Gina on a KTAL radio forum is available here.  Unfortunately, it strongly appears that, if elected, Shannon could not legally serve, if anyone sued. Then the County Commission would get to appoint someone – which some at the County Building feel would be a good result. They say Gina has a somewhat autocratic management style. (So far as I know, alleged turnover because of that did not turn up in the recent audit. My confidence in the county commission is also not at an all-time high, for reasons including Jupiter, and several other factors. So I guess I vote for Gina, who sounded knowledgeable during our radio show.

In Doña Ana County Commission District 1, where Chris Schaljo Hernandez decided not to run for re-election, I strongly urge a vote for Daisy Maldonado, partly for her courageous and committed opposition to Project Jupiter.  Daisy stood up to power, and actually lost her job over a lawsuit against the Jupiter mess – a job she loved, helping people in her community. Her opponent, Angela Garcia, the owner and CEO of the Toy Box Early Learning and Childcare Centers.  has been a local, regional and state leader in early childhood education. Absent Daisy, she’d likely be a fine choice. On our radio show, Daisy sounded more experienced and stronger. We also know, in a time when wealthy entities like the Jupiter folks, are offering plenty of money to political figures, that Daisy would be about the last person to let herself be bought or let that appearance grow. (Fair disclosure: for a year Daisy was one of our four co-hosts on Speak Up, Las Cruces. We’re not close friends, but I had an opportunity to work with her and get to know her better. Nothing I saw would undermine the above-stated support. Rather, she was reliable, consistently pleasant to work with, and brought a new dimension to our show. A visit to Daisy's campaign website gives a more expansive view of what she would bring to the Commission, especially her championing of the interests of county residents too often left out of the decision-making process.  You can access a good conversation between the two candidates on this recent KTAL broadcast. It appears that some pro-Jupiter funding has headed toward Garcia’s campaign, which would concern me if it became extensive. Daisy is as close to “Jupiter-proof” as we likely can get. (Whatever the merits Jupiter could bring our county, the slipshod way it was approved, without serious scrutiny, was an embarrassment.)