From her immigrant roots to both houses of the New York Legislature

Nathalia Fernandez has navigated successfully through the Legislature. From the Assembly to the state Senate, the Democrat has accomplished a lot in a short time serving in public office.

The child of immigrants from Colombia and Cuba who was raised in the Bronx and Westchester started out as a volunteer for Mark Gjonaj’s campaign for the Assembly in 2012. She later became his chief of staff and, in 2017, joined the staff of Gov. Andrew Cuomo as his representative to the Bronx. When Gjonaj won election to the New York City Council in 2018, she ran on the Democratic and Independent lines to win his open seat in a special election on April 24 of that year. She won and kept the seat for a full term in November that same year.

In August of 2022, Fernandez won the Democratic primary for the 34th state Senate District and later the general election for the seat. She is currently the chair of the state Senate Alcoholism and Substance Use Disorders Committee. O’Donnell and Associates caught up with her to talk about her upbringing, political life, and legislative priorities for the upcoming Legislative Session.

This interview has been edited for length and clarity.

Let’s start. We share something in common. Both our fathers were from Cuba, and our mothers were from South America—your mom from Colombia, my mom from Chile—so they weren’t too far from each other. Can you tell me a little bit about your parents and your life growing up?

My dad came here in the late ’60s with his family. My mom came alone in the early ’70s, undocumented. They met in the late ’70s and began a family in the mid-’80s.

I’m one of seven siblings. The oldest is 50, from my mother’s first relationship, and the youngest is eight, from my father’s second relationship. I am smack in the middle, the middle child.

All my siblings are very close in age, and we had many cousins, so family was everything for me growing up. It certainly was my community. While the family did start in the Bronx, eventually we moved to Westchester. In my high school years, I was in Westchester, where we were the only Latino family around.

I love to see how Westchester has grown to the extent that Latinos make up a large population now and are doing so well in business and economic development. That idea of supporting those you love, those you care about, and those who make you feel at home is something that I’ve taken with me into my career in public service, making sure that we can be each other’s support while also supporting everyone’s success. That foundation has stayed with me, and it continues to influence my work today.

Have you been to Colombia and Cuba?

I have. I went to Colombia a lot throughout my life. We went every summer for a good part of my younger years with the family. My grandfather had a farm out there. Unfortunately, my grandfather was a victim of the paramilitaries and was killed with my uncle, so the farm was lost.

But we still visited all of my extended family. I have many aunts and uncles on my mother’s side. We were just there this past June visiting family. In Cuba, I’ve only been once. In 2016, I was able to go with a cousin, my siblings, and some friends, and I’m really trying to make it back there. It was a beautiful time.

I love Cuba. I’ve never been to Colombia. I’m sorry, could you clarify what happened to your grandfather?

My grandfather had a cattle farm, and that was his business. The paramilitaries wanted his land to be one of their stations, and he refused. Within that time frame, they were contacting him and trying to buy him off. Eventually, they murdered him in the street, shot him down the street, and eventually took the farm.

That was really traumatic for my family. I had to have been in my early teens when that happened. It was really tough on us to know that he had to be taken that way. It was my first experience understanding what was happening in other countries in terms of warfare and government.

I’m so sorry. I’m really sorry.

Thank you.

Since we both have Cuba in common, how do you feel about the state of the country now?

Cuba and its politics have been very interesting in the family. My father’s family left (Fidel Castro’s) regime because they were not supportive of what he was doing and the communist state that he was developing, as much as he said it wasn’t that. My grandfather was part of the rebellion and was able to get the family out of the country and eventually come to the Bronx.

There is dislike and discontent for Fidel, what he’s done, and his administration. Seeing the country, you do see it hurting in many ways. Since 2016, when I was there, the beautiful city of Havana that I had seen in books and magazines as a destination away from America just wasn’t that. But you could see the remnants of it and the lack of investment to literally keep the streets going. There were craters in the street at one point when I was there.

It’s sad to see because you know it should be so much better than that, and it deserves better support and some freedoms.

Let’s pivot back to your story. Tell me how you start your day.

These days, getting into my later years—I joke that I’m old. I’m 38. I’ve really gotten into getting up early and enjoying a quiet morning. For the last two years, I’ve put my health first and tried to make sure I’m up early, outside, or in the gym. It’s been great because it’s the quietest part of my day, when I can go through emails or whatever without my phone blowing up. The phone starts ringing around 8 a.m.

You’ll catch me on Pelham Parkway, either up and down the path there, or maybe at LA Fitness. I’m up early, and I hope anybody reading this: Please don’t call me before 8 a.m.

That’s great. I’m an early bird myself. I wish I had more hours in the morning to do all the things I’d like to get done before I actually start my day. Now let’s talk about politics. You served in both the Assembly and now the state Senate. What’s it been like working in both chambers, and what were the highs and lows?

The first chamber, the Assembly, was very exciting—obviously my first place in public office. It really was the best training ground because, in some ways, the Assembly is like the Wild West. There are so many members. You’re one of 150, and it’s almost double the effort to bring attention to an issue, build coalitions, and make sure your bills are ready to move forward. Again, it’s about building support among your conference and leadership to see it go through.

The Senate has been really great because I walked in with a wealth of experience and knowledge about how to move legislation, work with all partners in the Legislature, and use our tools when it comes to hearings we hold, forums and the research that is available.

One side of it has been great because of the bigger staff salary. It’s really been great to see us able to do all the things I want to do locally, as well as in Albany. The Senate is special because it is a smaller house, so the collaboration among members is greater. For all it’s worth, your one vote as a senator does carry more weight in seeing whether something can move forward. One vote against something could make or break it in the Senate. In the Assembly, you have a very large supermajority, so I felt like it was a little easier to be mixed in the shuffle.

But I love both houses and my time in both. I’m really grateful for all the relationships I’ve built and the work we were able to do in the Assembly and in the Senate.

It’s got to be a unique perspective to do both. Before we get into the Senate’s Alcoholism and Substance Use Disorders Committee, which you chair, are there any highlights you want to mention from your time in the Assembly or Senate?

In the Assembly, I walked in with the focus and energy to address the mental health crisis. Before COVID-19, it was something that I never felt was talked about enough. A bit of my work experience before getting involved in politics was as a volunteer counselor at a suicide prevention clinic for Latina adolescents. That really opened my eyes to how these programs exist, what they need to survive, and how we can help more young women seek the help—or get the help—that they may or may not know they need.

That was my niche going there. I had a bill to create the Latina Suicide Task Force. It passed and was vetoed by Gov. Cuomo at the time, but it encouraged an overall task force for suicide-prevention needs among many different demographics, including Black male youth, the LGBTQ community, and rural New Yorkers.

That work has done its job in expanding Latina suicide-prevention work upstate. There are organizations that started in New York City that we’re now seeing in Albany, Amsterdam, and Poughkeepsie. I see that as a testament to the pressure we put on creating a task force that has now led to the expansion of these services.

You’ve been chair of the Senate’s Alcoholism and Substance Use Disorders Committee. Could you talk a little bit about your work on the committee and some of the accomplishments you’ve made?

This committee, I felt from the beginning, really deserves a fighter. It has a smaller budget within the health umbrella compared with overall health, health insurance, mental health, and developmental disabilities. I’ve always tried to be as persistent and loud as I can about the issues that exist right now with funding, the opioid settlement dollars we’ve gotten in recent years, and trying to make care and services more accessible.

We passed a number of bills that are signed into law that I’m really proud of. We’ve allowed for hospitals to provide three days’ worth of medication, like buprenorphine and methadone, for people who are getting released. Knowing that there could be time before your next doctor’s appointment, at least now you have medication for three days before you can get to your appointment and receive your prescription.

We’ve expanded Matthew’s Law, which allows pharmacists and health care providers to dispense drug-testing equipment, and it now includes xylazine testing. That is a testament to the illegal drug market and what is being sold on the streets. It’s more than crack cocaine and heroin. It’s fentanyl, and now it’s xylazine. Tomorrow, it could be another substance. I think mitragynine is another one that’s being mixed into the street supply. Having additional testing strips through these distributions is important.

Another law I was really proud of prohibits jails and prisons from barring entry to peer-support providers. In the world of substance use disorder care and counseling, some of the best counselors are former substance users who are now in recovery, have received training, and are hired by organizations to be peer advocates—someone with lived experience. More times than not, that has been much more helpful for an individual to trust the help, have faith in the help, and really put their best self forward toward staying in recovery.

Before, if you had a criminal record, even though you were a certified peer advocate, you were not allowed into jails and prisons to do counseling. We saw that as a huge barrier to helping people who are behind bars as much as we help people outside. That bill was signed into law last year, and there is no longer a barrier to their entering our state prisons and jails, provided they are employed by an organization.

Another bill changes the word “addict” in areas of law to “person with substance use disorder.” This is part of breaking the stigma. It is a tough topic, and sometimes it is quickly politicized about what is the right thing to do and the wrong thing to do when it comes to harm reduction. In a lot of areas of state law, when referring to this work, it labels people as addicts. We know that has become a violent word. Someone who is trying to better themselves, who is doing everything right but still suffering and experiencing setbacks, should not be called an addict. They are a person with a substance use disorder—treating this like the disease that it is.

I think that is an important bill to remind people that language can be just as harmful in holding someone back.

We also have a few more accomplishments, including ensuring that funds received from the Sackler settlements go to the Opioid Settlement Fund. The Sackler family was the main family we know that pushed OxyContin onto the market and essentially kickstarted a lot of these addiction crises. The funds from their settlements were not going to the Opioid Settlement Fund, so we had to make sure it was all connected. This is money that can now go toward future services.

Continuing with opioid settlement funds, we expanded transparency. Before, the dollars were given to localities and also to (the Office of Addiction Services and Supports), but there was no reporting on where the money would go once it was given to localities and OASAS. We added that mandate to the dashboard on the OASAS website. Now, we can see what organizations are getting funding from opioid settlement dollars.

That’s quite a bit. Congratulations for getting your co-pay bill passed in the state Senate three years in a row. Can you talk a little bit about that bill and what it will take to get it passed in the Assembly?

That bill is another one close to the heart. I’m hoping we are creating and pursuing ways so people will not get delayed in their care. Right now, somebody could be getting counseling for their substance use disorder, but we see there are also mental health concerns and disorders that need to be addressed.

Going from caretaker to caretaker, or through different episodes of care—an episode of care is the amount of visits per provider—you could pay $250 for six doctor’s appointments with one doctor. But then you need to continue with another doctor for another six appointments, and that’s another $250 you have to pay.

A lot of the time, people in need of this care may not have the means, or they have to make the decision: Do I pay rent, or do I pay for my mental health? Do I pay for my substance use treatment? My initial goal was to make it zero, but the bill that has passed limits it to $250. And it could go even higher. Sometimes these next episodes of care can cost in the thousands.

Two hundred fifty dollars was the cap we were able to get done, but the biggest obstacle is the money tied to it, to make sure that we can eliminate this. I can’t speak for the Assembly, but the biggest barrier probably is the cost to the state and where we can prove that the money can be supported.

I thank the Senate and all my colleagues for passing it and sending a message of priority that this is something we should be looking at. But we have to figure out that other part.

What are your legislative priorities going into the next session? Please include the priorities for the committee as well.

We want to continue to fight for the co-pay reduction. I have a bill to create more transparency when it comes to prescription drug costs. It’s passed the Senate as well; it has not passed the Assembly yet.

More directly related to the committee is expanding drug-checking services. The state has a program they’ve been running for about 10 years that we’re trying to codify and make sure is protected and permanent. It’s a machine—I believe there are only 12 in the state—and they travel around to different crisis centers and prevention centers to test a supply that someone might walk in with.

We know how difficult it is to just stop, and people are using to survive, in a sense. But if you’re going to purchase from the dealer down the block, you want to know what you’re putting into yourself. These drug-checking machines inform the individual about what is in their supply, whether it is mixed with anything or is just one substance. It also lets us know what is coming into the black-market supply. It’s because of this machine that we were able to see that xylazine is moving into the mix, and the same thing with mitragynine.

I’m trying to codify this program, so it is a secure resource for providers throughout the state. We are also looking at bringing in more funding. I’ve recently introduced a bill to create an alcohol tax on alcoholic beverages. We are receiving funds from cannabis sales that go into the Drug Treatment and Prevention Fund, which is solely for behavioral health care and substance use disorder care. We have opioid settlement dollars, but alcohol remains the number one substance that people are addicted to, and it is the one I think is kind of forgotten in the addiction conversation.

It is a proposal to put a 20% tax on the sales tax of alcoholic beverages to go into the Treatment and Prevention Fund, creating a secure line of funding for this area of work that will not be at risk of being pulled elsewhere in the budget. It literally adds up to about one cent per drink, which I think is flexible enough to do, and it could bring tens of millions of dollars into our funding pot.

My last bill is advancing a psilocybin pilot program. In a lot of my conversations with providers and advocates, psilocybin, which we also know as magic mushrooms, has been part of the conversation for a long time as a medicine that has helped people not be addicted anymore. It has helped with cluster headaches, depression, bipolar disorder, and PTSD.

Our veteran community has actually been the most vocal about its benefits and how it has helped them with the violent PTSD episodes they may have and suicidal ideation. There is a space where it should exist as an administered medicine to help people with addiction and other mental health disorders.

I have a pilot program that I’m hoping to advance and see how we can walk in this direction slowly and steadily, but ultimately have another means of care.

That’s quite an agenda. You’ll have your work cut out for you next session. We’re about to wrap up. Anything you want to add to our conversation?

I hear a lot, and I do praise myself for trying to be in the community and doing as much as I can for the community. I want to highlight the joy and love I have for being that constituent-services help.

It has been amazing to see how, just by asking and having an idea, you see the partners and resources come together and really deliver for a community. That includes our government partners at all levels—city, state, and federal—to really try to help where we can.

One of the most recent things that I was so grateful everybody helped with was the heat waves this summer, power going out, and needing cooling centers. We were able to work quickly and get a cooling truck to City Island, as well as trying to negotiate with [inaudible] about reducing the power in certain areas to prevent full outages.

It’s a labor of love, but once you know people are going to be okay, it’s a great thing to feel and to do. I want to thank my staff for that because they really do go above and beyond in helping me do that with all my crazy ideas.

Let’s wrap up. How do you end your day? After all the work you’ve done, what’s your cutoff, and what do you do?

The cutoff is usually after the last event. We’re always at a community meeting or some celebration event, so usually around 9 o’clock is when I’ll say, “Okay, guys, I need my beauty sleep, so I’ve got to go home.”

I end the day at home. I have a cat there, and he loves to see me walk through that door. But more times than not, my day ends with community.