Oceguera may be forced to choose

Dan Kulin

Friday, Oct. 15, 2004 | 10:53 a.m.

The North Las Vegas fire chief is asking Assemblyman John Oceguera, D-Las Vegas, to give up his elected position, assuming he's re-elected, if he wants a promotion in the fire department, where he is now a captain.

The possible promotion to become one of the city's three battalion chiefs, the third ranking position in the department, has put Oceguera, the chief and the city in a stalemate.

The city manager says Oceguera could hold both positions so long as it does not affect his working for the city, which Fire Chief Jim Stubler said it would.

And Oceguera said the city's offer violates his right to serve in the Legislature, adding he has worked out a way to do both jobs using no more than 10 days -- his regular vacation time with the city. He said he would also miss some days in Carson City next year during the Legislature.

But the discussion could be moot if the U.S. Office of Special Counsel says the promotion would put Oceguera in violation of the federal Hatch Act, because Oceguera said he would then turn down the promotion and stay in the Assembly.

Stubler, who is retiring at the end of December, said he's concerned Oceguera would be in violation of the Hatch Act if he takes the promotion to battalion chief and stays in the Legislature. Stubler also said he believes Oceguera would need more than 10 days off during the Legislative sessions.

Within the next few days, City Attorney Sean McGowan will ask the U.S. Office of Special Counsel if Oceguera's possible dual role would violate the Hatch Act. The act prohibits federal employees and some state and local government employees whose jobs put them in contact with federal funds, from running for partisan political office.

Oceguera said he thinks it is unlikely the Office of Special Counsel will find anything wrong with him taking the promotion and staying in the Legislature. The counsel's office has already issued an opinion stating Oceguera's contact with federal funds now is so minimal that it's insignificant, and therefore doesn't violate the law.

But Stubler said the department will likely receive additional federal grants in the future, including one that would help pay some firefighters' salaries.

If the Office of Special Counsel says Oceguera's dual role would not violate the Hatch Act, then Oceguera said he sees no reason why he couldn't hold both positions.

"I have a constitutional right to run for office," Oceguera said, adding that in the end he doesn't see why the rules should change if he takes the promotion.

Oceguera was offered the promotion in April, and he said it will take at least until after the Nov. 2 election for the Office of Special Counsel to consider the city's question.

City Manager Gregory Rose said the city's offer to Oceguera is on the table at least until they hear from the Office of Special Counsel.

Stubler offered Oceguera the promotion in August on the condition he no longer serve in the Legislature.

"My concerns were the Hatch Act and time," Stubler said.

Oceguera owes fellow firefighters hundreds of hours of work for shift trades he's done since 1999, to give him time to serve in the Legislature. He continues to gradually work off those hours, and has said he plans not to take on any more.

Battalion chiefs work a firefighters schedule of three 24-hour shifts during a nine-day work cycle. They are the ranking officers at building fires.

The city has three battalion chief positions. Oceguera is among several department captains taking turns as acting battalion chiefs until the position is filled permanently.

Rose said Oceguera is free to do what he wants on his own time, including serve in the Legislature, so long as it does not disrupt his work for the city.

"Whether he serves in the Legislature is his business. My concern is, is he going to be able to perform his duties here," Rose said. "His off time is up to him. But his first commitment, in my mind, his first responsibility, is to the residents of North Las Vegas."

McGowan said the city is allowed to put such a condition on a promotion offer. He also noted that the city officials did not tell Oceguera he couldn't run for office.

Oceguera's annual salary from North Las Vegas is $87,572. He was promoted to captain in March 1997.