Wednesday, Jan. 10, 2001 | 11:12 a.m.
CARSON CITY -- The teachers' union has accused Sen. Ann O'Connell, R-Las Vegas, of misusing her power in ordering a brief to be filed in the state Supreme Court opposing the proposed 4 percent profits tax on business.
The Nevada State Education Association said O'Connell acted on her own in ordering the "friend of the court" brief, rather than consulting with other members of her Legislative Commission.
O'Connell, as chairwoman of the Legislative Commission, directed the Legislative Counsel last week to file the brief, challenging the constitutionality of one section of the teachers' union initiative petition. That section says the state must appropriate 50 percent of its budget to public schools, instead of the current 37 percent for kindergarten through high school.
O'Connell defended her actions, saying there was a deadline for the legislative counsel to file the brief.
"We were in the middle of the holidays," she said. "We didn't have a lot of choice about getting people during the holidays to a meeting."
She said it would have required posting of the meeting to comply with the open meeting law and to arrange for everybody's schedule.
She also said the 50 percent provision would cause chaos with the budget.
"It would throw the governor's budget out of the window," O'Connell said, adding that an opinion from the legislative counsel calls the initiative unconstitutional.
Ken Lange, executive director of the teachers' union, said he could not believe that O'Connell "would unilaterally attempt to stop the only plan out there to improve school funding. We are shocked."
He said O'Connell accepted more than $39,000 in contributions from the chamber of commerce, other groups and individuals who are opposed to the business tax.
"Sen. O'Connell's business connections and her anti-tax philosophy are clearly conflicting with her responsibility to do right by Nevada's children. Using her authority in this way is just plain wrong," Lange said.
O'Connell said the union is right about her "anti-tax" stance and that she has been getting the same support from her contributors for the last 16 years.
"There is nothing new there," she said.
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