Las Vegas awaits attorney general’s opinion

Sito Negron

Thursday, Feb. 5, 2004 | 11:09 a.m.

Because an attorney general's opinion on whether public employees may serve as state lawmakers in Nevada is expected within a month, the Las Vegas City Council postponed a discussion on the issue for 30 days.

News of the attorney general's deadline was announced Wednesday by Las Vegas Mayor Oscar Goodman, who added that the city ought to proceed on its own if it takes longer than 30 days to issue the opinion.

He also said that his assertion in a previous meeting that the attorney general's opinion would have no binding effect on the city was wrong. In fact, he said, City Attorney Brad Jerbic told him that the city must follow the opinion issued by the attorney general, unless the opinion is challenged and overruled in court.

Despite that, Goodman said, if an opinion is not issued within 30 days, the city ought to move forward, because "right or wrong, people may want to file for office."

The filing period opens in May, but aspiring candidates typically line up support in the months leading up to filing.

The city is considering how to deal with employees who want to hold elected office, an issue brought to the fore by scrutiny of Assemblyman Wendell Williams' pay received from his city job while he was serving in the Legislature. Williams has since been fired from his city job.

Councilwoman Lynette Boggs McDonald has pushed to prohibit city employees from serving in office, asking them to make a choice between their municipal and elective jobs if they win a race.

Other council members have said in a part-time citizen lawmaker system, like Nevada's, it's unfair to exclude people who want to serve, and they support a rule that forces people to take unpaid leave if they want to serve in the Legislature.

The council discussion takes place in a broader context, as advocacy groups seek a ballot initiative for the fall to prohibit public employees from holding office statewide. Ten people in the 63-person Legislature have government jobs.

Boggs McDonald said during the meeting that she asked the city manager's office to review rules in other states, and found that 29 state constitutions contain language "prohibiting a person who holds any 'office or place of trust or profit' in federal, state or local government from sitting in the Legislature."

As the Sun reported on Jan. 18, nine states prohibit any state or municipal employees from serving in their respective legislatures, and one bans all but teachers. Ten others prohibit non-elected state employees from serving as state legislators.

Kent Oram, a political consultant in Las Vegas, said "I don't think it's a Democrat or Republican issue, I think it's a double-dipping issue. Should you be up there and getting your salary down here at the same time? It'll be kicked around a lot."

One group that supports the right of public employees to run for office is the AFL-CIO, which says a poll it commissioned indicates the issue is a "non-starter" for the majority of Nevadans.

"Without releasing the exact numbers, I can tell you the reason that issue doesn't poll well. It's one of fairness," said Danny Thompson, executive secretary/treasurer of the Nevada state AFL-CIO. "When you have a citizen legislature you have to be inclusive, and I think that's what this poll shows."

He said the poll interviewed 600 people statewide. He declined to provide a copy of the poll or its methodology, and would only say that when asked "Would you support an amendment that would prohibit public employees from serving in the state legislature?" 27 percent of the people polled said yes. He didn't say how many of the respondents said no or said they were undecided.

Thompson said a citizens Legislature has "worked all these years, and I don't think the public sees any need to change it, and if there is that burning desire you have to talk about raising taxes for full-time staff and real wages. You're talking considerable change, and I think that's why people who don't support that wouldn't support that amendment."