N.M. senator who hires felons wants to 'ban the box'

[March 12, 2009]  SANTA FE, N.M. (AP) -- State Sen. Clint Harden has a long history of hiring felons, so it's natural for the Republican businessman to try to "ban the box."

The bill Harden is sponsoring prohibits government agencies from asking on an initial employment application whether the job-seeker has been convicted of a felony.

It has passed the Senate overwhelmingly, and is pending in a House committee.

It doesn't prohibit prospective employers from asking the question once they're face-to-face with applicants, nor from doing background checks.

What it does, supporters say, is give job applicants with criminal records an opportunity to get a foot in the door and make their case.

Harden said too many people are being kept out of the work force because they've been in trouble with the law.

And convicted felons have a tough time staying out of prison if they can't find work, he said.

Harden said for years he has hired felons to work in his Clovis businesses, including restaurants, an ice cream shop and a car wash.

"I've always tried to employ ex-offenders any chance I get," Harden said in an interview Wednesday. "I've thought, 'Except for the grace of God, there I am.'"

Harden, who was New Mexico's labor secretary under former Gov. Gary Johnson, said his longtime policy has backfired on occasion, but overall has worked well.

Opponents of the bill, which passed the Senate 27-8 on Saturday, said an employer is better off knowing early on an applicant has a criminal history.

They also worried about possible liability issues for employers who hire felons who then commit crimes in the workplace.

But Harden's arguments resonate with another GOP lawmaker, Sen. John Ryan of Albuquerque.

The lawmaker got in trouble in high school, when he was 18. He pleaded guilty to residential burglary, and was sentenced to three years' probation.

When Ryan went to work as a young man for then-U.S. Sen. Pete Domenici, R-N.M., he wasn't asked the felony question, for which he was grateful.

Once he eventually told people in the office about his past "they were really supportive," Ryan recalled.

He was pardoned by Johnson in 1997, 16 years after his conviction.

Harden's bill is "really good for people who want a second chance," Ryan said.

The bill's backer's include the Drug Policy Alliance and the New Mexico Conference of Churches.

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On the Net:

The "ban the box" bill is SB 459: http://www.nmlegis.gov/

[Associated Press; By DEBORAH BAKER]

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