Employee-lawmaker issue goes to court

Friday, April 2, 2004 | 11:42 a.m.

CARSON CITY -- Attorney General Brian Sandoval was expected to file suit today in the Nevada Supreme Court to seek a ruling on whether state and local government workers can serve in the Legislature.

The lawsuit was filed on behalf of Secretary of State Dean Heller, the state's chief election officer.

Sandoval is asking the court for a writ of mandamus to clarify the Nevada Constitution on the separation of powers doctrine. And he is requesting the court rule by May 14, the close of political filing in Nevada.

The petition, which names the Nevada Legislature as defendant, asks the court for clarification and enforcement of the Constitution. Attached to the suit is Sandoval's legal opinion that those who work for the state and the University and Community College System are not eligible to also serve in the Legislature.

Also attached are two opinions from the Legislative Counsel Bureau that differ with Sandoval.

Sen. Randolph Townsend, R-Reno, chairman of the Legislative Commission, said the attorney general asked the commission to join the suit, but the commission is opposed to the suit.

"We seat our own people. I don't see any reason why we would not defend against this," Townsend said.

"The people (lawmakers) serve based on the public's decision. And they (the lawmakers) have a right to serve," he said.

Included among the state and university employees who might be affected are Senate Minority Leader Dina Titus, D-Las Vegas, who works for UNLV; Assemblywoman Chris Giunchigliani, D-Las Vegas, and Assemblyman Mark Manendo, D-Las Vegas, who both work for the Community College of Southern Nevada, and Assemblyman Jason Geddes, R-Reno, an employee of the University of Nevada, Reno.

Sen. Ray Rawson, R-Las Vegas, was employed by the university system, but he resigned following the legal opinion.