Court promises to expedite public employee issue

Monday, April 5, 2004 | 9:48 a.m.

CARSON CITY -- The Nevada Supreme Court is expected to handle a suit involving government workers in the Legislature in an "expedited manner," a court spokeswoman says.

The futures of five members of the Legislature hang on the outcome of the case. On behalf of Secretary of State Dean Heller, Attorney General Brian Sandoval filed suit Friday asking the court to enforce the Nevada Constitution's requirement that the executive and the legislative branches of the government remain separate.

Jeanette Bloom, chief clerk of the court, says the petition for a writ of mandamus will be presented to the justices this week. It will be up to the justices to decide if they want to move forward and ask the Legislature to file an answer.

The lawsuit asks for a speedy determination by the court. The filing period for the election opens May 3 and closes May 14.

"It is critical that both the candidates for the Legislature and the voters who may elect them know with certainty that a legislator-elect will not be barred by the Constitution from serving," the filing notes.

In his March 1 legal opinion, Sandoval said employees of the state and the University and Community College System of Nevada are barred from serving in the Legislature. He said he didn't think the prohibition extended to local government workers, but the suit asks the court to answer that question as well. Several other legislators are local government employees.

The lawsuit says the Supreme Court "must demand strict adherence to the mandates of the Nevada Constitution. Any other result will render the Nevada Constitution meaningless and unwind the thread that holds the fabric of our system of government in place."

In prior decisions, Sandoval said, the court "has plainly stated its intention to prohibit even 'harmless' encroachments upon the fundamental system of governmental division of powers."

The state and university employees whom Sandoval's opinion held in violation of the Constitution are Senate Minority Leader Dina Titus, D-Las Vegas, who works for the University of Nevada, Las Vegas; Assemblywoman Chris Giunchigliani, D-Las Vegas, and Assemblyman Mark Manendo, D-Las Vegas, who both work for the Community College of Southern Nevada; Assemblyman Ron Knecht, R-Carson City, who works for the state Public Utilities Commission, 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 too, but he resigned from his college job shortly after Sandoval issued his opinion.

Sen. Randolph Townsend, R-Reno, who is chairman of the Legislative Commission, said the commission will defend the Legislature's right to determine its own members. He said these lawmakers were elected by the people and they should be allowed to serve.

The Legislative Counsel Bureau has issued two legal opinions in the past that said public employees were eligible to serve.