Special counsel clears Oceguera of Hatch conflict

Dan Kulin

Thursday, May 6, 2004 | 10:07 a.m.

John Oceguera's dual role as a Democratic assemblyman and a North Las Vegas firefighter did not put him in conflict with the federal Hatch Act because his involvement with a city program funded with a federal grant was not significant, the U.S. office of special counsel said in a letter to the city.

But it was still unclear Wednesday whether Assembly Speaker Richard Perkins, D-Henderson, a deputy police chief in Henderson, will be affected by the Hatch Act.

Both Oceguera and Perkins, who are running for re-election, have argued that their connections to federal funds are so minimal that they should not fall under the Hatch Act. The act prohibits federal and some local government employees from participating in partisan politics.

The Office of Special Counsel, which enforces the Hatch Act, investigated whether Oceguera's run for the assembly in 2002 violated the act because the city fire department received a $146,000 federal grant for a fitness program.

In an April 21 letter to North Las Vegas, the special counsel's office said the city received federal money for a "wellness and fitness program" and Oceguera, a captain in the department, participated in the program.

The letter, released by the city Wednesday night, went on to say, "OSC believes that his participation in the program was "merely a casual or accidental occurrence of employment and insufficient to establish the requisite nexus between federal funds and Mr. Oceguera's position."

Oceguera could not be reached for comment Wednesday night.

Mayor Michael Montandon said the special counsel opinion didn't surprise him.

"We already knew the answer this was just a confirmation," Montandon said.

But in Perkins' case, the special counsel's office has said Perkins has significant involvement with programs or employees that use federal funds, and so he would be in violation of the act if he runs for office again while still with the department.

Perkins has said he's asked for a new opinion and thinks the special counsel will approve of his political activity after seeing that Henderson has taken steps to separate him from federal funds used by his department.

For example, a police lieutenant who oversees grant programs was transferred from under Perkins to the other deputy police chief, and Perkins is excluded from discussions related to applications for or administration of federal grants, city officials have said.

"They told me I had a couple of things I needed to do and I could file for office," Perkins said Monday. "We've accomplished all that."

Perkins said Monday that he is still waiting for final word from the special counsel's office, and Henderson Mayor Jim Gibson and City Manager Phil Speight said Wednesday the city is still waiting to hear from the counsel's office. Perkins could not be reached for comment Wednesday night.

The Hatch Act was not the only matter that threatened, or in Perkins case still threatens, to cause problems for the two.

Attorney General Brian Sandoval has asked the Nevada Supreme Court to weigh in on his opinion that employees of city and county governments can serve in the Legislature; while state employees, including those working at the state's universities and colleges, cannot.

Also, a private group called Nevadans for Sound Government is working to put a referendum before voters that would ask if all government employees should be banned from serving in the Legislature.