Roosevelt to vote on anti-abortion ordinance

PORTALES – The Roosevelt County Commission on Monday voted 3-1 to approve a notice of intent for an ordinance that would allow private citizens to sue anyone who mails or ships materials and equipment for abortion into the county, in accordance with a federal obscenity statute.

Commissioner Dennis Lopez cast the “no” vote on the notice of intent, and Commissioners Paul Grider, Rod Savage and Commission Chair Shane Lee voted in favor. Commissioner Tina Dixon did not attend Monday’s meeting.

The notice of intent means the ordinance must be published in a legal advertisement and subjected to a formal public hearing before the commission can take final action.

The commission set Jan. 10, the date of its next regular monthly meeting, for a public hearing and a final vote on the ordinance. Commissioners asked that the meeting be held in the Jake Lopez Building on the Roosevelt County Fairgrounds to accommodate a large expected turnout.

The ordinance would apply sections of federal obscenity codes that outlaw using the mail or any other express company or common carrier to ship “any article or thing designed, adapted or intended for producing abortion” or “any drug, medicine, article or thing designed, adapted or intended for producing abortion.”

The ordinance would be enforced only through citizen lawsuits not filed by state, county, or employees of state or local government entities. If the private citizen suits are successful, the court could:

• Award injunctive relief sufficient to prevent the defendant from violating the ordinance’s mailing, delivery or acceptance terms,

• Award compensatory damages if the plaintiff has suffered injury or harm,

• Award statutory damages in an amount of not less than $100,000 for each violation, plus costs and reasonable attorney fees.

Monday’s commission meeting attracted a standing-room-only crowd to the commission’s meeting room in the Roosevelt County Courthouse.

About a dozen speakers supported the proposal; about a dozen more were opposed.

Those who opposed the ordinance said they were pro-choice, that the decision of whether to bear a fetus from conception to birth should be between a woman and her doctor, not made by government.

One anti-ordinance speaker, a mother of a 9-year old daughter, said her daughter was showing uncommon maturity and science talent, and she did not want her daughter to be denied choices that could help her preserve her future because of anti-abortion laws.

Anti-ordinance speakers characterized a denial of abortion rights as denial of health care. Others called denial of abortion rights an imposition of beliefs held by some Christians on those who do not share their beliefs, including other Christians, Jews, Muslims and those of other faiths.

One anti-ordinance speaker pointed out that the First Amendment’s prohibition of establishment of a state religion, and allowing free exercise of religion also includes freedom from religion.

Several of the anti-ordinance speakers warned of lawsuits that could be filed against the county if it defied state laws allowing abortion.

Pro-life speakers who advocated for the amendment said an unborn fetus is a child separate from the mother who bears the fetus, and bears the rights of a human being, chief among those being life.

Abortion safety, some said, is a myth, because it is not safe for the unborn child. In addition, some said, women who have had abortions often suffer psychological trauma due to the abortion, including post-traumatic stress disorders.

Others denied that the Constitution does not separate church and state. One argued that the idea of separating church from state originated in correspondence involving Thomas Jefferson that was not part of the Constitution.

Several argued that abortion violates God’s law and can result in condemnation to hell. Others said all face a choice between Christianity and Satan, with no other options.

Others said the availability of contraception and wise decisions regarding sex should make abortion unnecessary.

Raise for county manager

The commission on Monday also acted again to provide a 15% raise to County Manager Amber Hamilton after hearing complaints about the lack of transparency in the decision-making process for the raise approved last month. Dixon, who raised the transparency issue in November when Hamilton’s raise was voted on, was not present at Monday’s meeting.

Before the commission voted on the raise, Savage read a lengthy statement praising Hamilton’s actions in improving health, education and conditions at the Roosevelt County Detention Center, improving safety at the county’s road barn, improving relations between the county commission and the county sheriff’s department, improvements at the county fairgrounds, improving audit performance, renegotiating a joint powers agreement involving Lea County and others for emergency communications and long-range planning, among other things.

The commission then voted unanimously to give Hamilton a 15% raise, which brings her annual salary from $97,000 to $112,000. Commissioners also unanimously approved extending Hamilton’s contract for four years, through June of 2027.

Infrastructure Capital Improvement Plan

The commission on Monday also approved its annual Infrastructure Capital Improvement Plan, which forms the basis of capital outlay requests from the state Legislature and helps the county qualify for state grant funds.

The five projects that received top priority and are likely to be included in capital outlay funding requests include:

1. County Road improvement, $849,457 in Fiscal Year 2024, which begins July 1, 2023.

2. Detention center electrical and plumbing improvements, for which the county hopes $900,000 can be added in fiscal 2024 to $400,000 already funded to cover the $1.3 million total cost.

3. Road department heavy equipment, $740,316 in fiscal 2024 to cover the whole cost.

4. County courthouse renovations, for which the county hopes to add $560,000 in fiscal 2024 to $30,000 already provided, and $400,000 in fiscal 2025, for a total of $990,000.

5. Fairgrounds master improvement plan cultural facilities. The county hopes to add $800,000 in fiscal 2024 to more than $1.1 million already funded, with additions in the following three years to total $3,245,000.

Other action

In other action Monday, the commissioners:

• Agreed to participate in Phase 2 of planning for a regional mental health facility that could house up to 72 patients for a region that includes the county, city of Portales, city of Clovis, Curry County, Quay County, and De Baca County. Hamilton told the commission Roosevelt County’s share of the cost could be $190,000, which could come from funds from opioid suit settlements. Hamilton said Chavez and Union counties may also join in, which she said could result in Roosevelt County’s share of costs to go down.

• Approved a grant increase to cover the $170,000 cost of a food pantry building. The grant would come from the New Mexico Department of Finance and Administration, Liliana Rivera, financial specialist, told the commission.

• Approved a capital outlay appropriation of $375,000 to purchase and equip fire trucks for the Arch Fire District.

• Approved a capital outlay appropriation of $125,000 for stucco and parking lot upgrades at the Roosevelt County Health Clinic.

• Approved a capital outlay appropriation of $150,000 for vehicles for the county sheriff’s department.

• Approved an award for construction of the food pantry building to Nixon Enterprises, Inc. of Portales for $173,407 and up to $198,191 for total project build. Rivera told the commission Nixon was the only bidder.

• Heard representatives of the Roosevelt County Health Council ask the county for help in distributing a questionnaire that will help assess the state of health in the county.