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State senator quitting PUC job
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Martin S. Fuentes/Las Vegas Review-Journal
State Sen. Mo Denis, D-Las Vegas, said Monday he will leave his Public Utilities Commission job. Denis, pictured here at an October meeting in Las Vegas, has been at the center of a lawsuit that challenged his right to serve as a state employee and a legislator. » Buy this photo
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CARSON CITY -- State Sen. Mo Denis, D-Las Vegas, said Monday he is quitting his job as a computer technician for the Public Utilities Commission, a step that probably will end the Nevada Policy Research Institute's lawsuit challenging his right to serve as a state employee and a legislator.
The institute, a private conservative think tank in Las Vegas, earlier this month filed a lawsuit in Carson City District Court that argued Denis could not hold a state job while he was a state legislator without violating the separation of powers clause of the state constitution.
Denis said Monday he has been looking for several months for a more flexible job in private industry because of the increasing number of hours he must devote to legislative business. He said he will leave the Public Utilities Commission of Nevada on Dec. 28 after 17 years and start working as head of Internet technology for a construction company. He declined to identify that company.
He denied his decision to leave state employment has anything to do with the lawsuit, but he acknowledged he was served with the lawsuit on Monday.
NPRI lawyer Joseph Becker would not concede that Denis' departure from his full-time state job effectively ends the lawsuit. He issued a statement saying the group was considering legal options.
Courts generally throw out lawsuits when there is no longer a conflict, and the research institute's goal had been to require Denis to step down from his state job. If the lawsuit ends, however, then NPRI still would not have a response to its assertion that state employees cannot also serve in the Legislature.
NPRI spokesman Victor Joecks added that they "have legal options," and that other legislators with state jobs should quit them now.
Denis, however, was the only legislator the think tank sued. He also is the only legislator who clearly does have a state government job. NPRI identified nine other legislators that it thinks also are affected by the separation of powers doctrine. But they work as teachers, county employees and university employees.
In these jobs, they may receive funds from state government but are not directly under control of the executive branch of government.
Critics questioned whether Denis' state job violated the constitution because as a computer technician, he has had no say in the Public Utilities Commission's mission of setting utility rates.
"To me it is a step up, career-wise," said Denis about his resignation. "I am doing what I wanted to do. It is not fair to the PUC for me to stay with all the legislative work I have to do."
He noted that the utilities commission recently moved into new offices in Las Vegas that are 22 miles from where he lives, increasing his commute. His new job is much closer to home, he said.
Denis is likely to become the Democratic leader of the Senate after the election next November.
In Nevada, legislators work a full-time legislative session for four months every other year but also serve on interim committees. Legislative leaders such as Denis must raise funds and recruit candidates.
Before winning his first legislative seat in 2004, Denis said he consulted the Legislative Counsel Bureau and a private lawyer and was told he could be a state employee and still serve in the Legislature.
"I would not have run if I couldn't have continued in my job," Denis said.
Clark County Democratic Party Chairman Chris Miller said he was "disheartened" by Denis' decision to resign from the PUC instead of "fighting for himself and his legislative colleagues whom NPRI will target next."
"This was clearly an attempt by NPRI and their right-wing allies to undo in the courts what they could not do at the ballot box -- disenfranchise the voters of their elected choice" Miller added.
Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3900.
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Someone certainly needs to investigate this dirty little lobbying group; I'm guessing there are lots of dirty pies they have their fingers in. Probably will have to wait until after the New Year though; wouldn't want this to seem like retribution.
A lawyer governor or legislator almost *never* acts in a way independent from (much less with justified contempt for) the court system s/he (or their firm) might one day have to enter as an advocate for a paying customer.
In its most benign form a judge would devise some trumped-up ethics violation as an excuse to BAR that heretical attorney from his courtroom. See today's RJ article about fallout from the romance between a judge and an ADA.
Worst case, the next time that lawyer (or his firm) goes to court, the judge will issue biased rulings or subtle facial expressions to help SINK that lawyer's case.
Both by temperment and training, a lawyer legislator/governor is highly RELUCTANT (if not totally *unwilling*) to jeopardize his legal 'career" by offending members of the judiciary.
But fearless independence and even outright antagonism is what Separation of Powers is supposed to be all about.
[NSHE employees, etc] may receive funds from state government but are not directly under control of the executive branch of government.
Oh, how legalistic!
It hardly matters that the governor technically can't hire/fire them. Those people have an institutional and selfish interest in BIGGER government. Let NSHE types terminate their public university affiliation and go work for a *private* college -- one which doesn't solicit federal funds.
Besides, what you're talking about here amounts to an almost 4th branch of government (the "Educative"). UNLV college profsters (or pensioners) should NOT be serving in the Legislature, and sitting judges should NOT be teaching at Boyd.
[Mo will] start working as head of Internet technology for a construction company. He declined to identify that company.
How much you want to bet the construction firm is DEM-controlled, and primarily a government contractor?!
"Separation of Powers" should not only apply to public employees serving in (running for) the Legislature, but should also prohibit:
NSHE employees, public school teachers, etc. (obviously)
government contractors
associates of groups which solicit federal/state/local funds
anyone whose domestic partner belongs to one or more of above
etc and so forth
In addition, SoP should also be properly construed as prohibiting *Attorneys* (mere extenstion of the Judiciary) from serving in the non-judicial branches. Bye bye Sandoval and probably >= 20% of the Legislature.
Those attorneys should affirm Mo's precent-setting decision by surrendering their law licenses and pledging (that when they leave office) they will not seek reinstatement for at least as long as it takes for all sitting judges to leave the bench.
Mo you are a coward. You say you will fight for working families but you wont fight for yourself. Whoever made Mo leader please PLEASE reconsider. Unions need fighters not wimps
Such a corrupt little state this is. Ah yea, and from computer technician his next stop is head of an internet company? no payoff there am sure.
Thanks for the Christmas present Mo. I disagree with the other comments and want Mo to keep leading the dumocrats all the way to November. Time to go after the rest of the lying crooks. I am sending a check to NPRI right now. Thanks Mo the gift that keeps on giving!
Now if only NPRI would take on Esmeralda County and Esmeralda County Land Use Advisory Committee for meetings held with out quorums, lack of public notice(s) and due process. There are 2 Esmeralda Dept. Supervisors and other county employees on said Advisory Board who will directly benefit from passing of the Master Plan and economic development projects. . . at the expense of Esmeralda taxpayers with Bonds that will be required to implement economic development plans that will do little of anything for Esmeralda parcel owners except raise property taxes?
BEdward are you that stupid? It does NOT cost money to defend in the court of public opinion. For three weeks Mo got beat up by NPRI and didn't say a word. Would it have cost money to simply make a few comments, mount any sort of defense??? NO, He was cowering in a corner waiting until the week before Christmas to bury his response to the suit- quitting. And don't act like a connected NV Senator has a hard time getting a job. Mo 'rolled over' because that is what he has always done and why he will NOT be Senate Majority Leader.
NV taxpayers with the blessing of the State Government have been defrauded and robbed. While Mo quitting and catch me if you can may have saved him for now. . . ALL benefits received must be forfeited. Mo's lawyer and NV Legislative Counsel Bureau should now also be held accountable for damages.