Comments (12) | Add a comment
EDITORIAL
Senator quits PUC
Tools
Faced with a lawsuit from the Nevada Policy Research Institute alleging his two state positions violated the constitution, state Sen. Mo Denis announced this week he will resign his day job as a computer technician for the state Public Utilities Commission and retain his legislative position.
Mr. Denis -- who is in line to lead the Democrats in the upper chamber during the 2013 session -- says he will accept an Internet-related job with a local construction company, asserting the private-sector post will give him more flexible hours.
The decision reveals what one attorney involved in the case called the "slippery" task of getting the courts to enforce Article 3, Section 1 of the Nevada Constitution, which states, "The power of the government of the State of Nevada shall be divided into three separate departments; the legislative, the executive and the judicial; and no persons charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others. ..."
Defenders of public employees who serve in the Legislature argue that while Sen. Denis clearly "exercises powers" of the legislative branch by voting in the Senate, he did not exercise "policymaking powers" of the executive branch merely by working at the PUC.
But the constitution doesn't merely bar "exercising powers" in two branches at once. If it did, all it would mean is that the governor himself can't serve in the Legislature or as a sitting judge. Instead, the constitution says Sen. Denis couldn't "exercise any functions" of the executive branch while serving in the Legislature.
The risks of having a bunch of salaried state employees dominate the Legislature should be obvious. Not only would they have no incentive to hold down state payroll and pension costs, but gone would be any skepticism about state bureaucrats effectively running everything.
For several decades beginning in 1967, a series of bad attorney general opinions allowed widespread violations of the separation of powers doctrine. But in 2004, Attorney General Brian Sandoval -- now our governor -- issued an opinion holding that state workers should not be allowed to sit in the Legislature. All that's needed now is a favorable court ruling to give that opinion the power of law.
Joseph Becker, chief legal officer and director of NPRI's Center for Justice and Constitutional Litigation, responded to Monday's news: "Sen. Mo Denis' reported resignation from his executive-branch job with the Public Utilities Commission is a de facto acknowledgement that he recognizes that he has been violating the separation of powers clause."
Because the parties sued -- the state and the PUC, as well as Sen. Denis -- have not yet formally responded, Mr. Becker would say only that his group is evaluating its options.
At this point, NPRI is to be congratulated for accomplishing an important goal at much less cost in time and money than anticipated. The group should now continue down the list, to see if the whole conflicted crew will scurry for cover. But if we had to bet on the identity of the next plaintiff to be represented by Mr. Becker's outfit, we'd be looking for someone who'd like to apply to be a "specialty court coordinator" up Washoe way -- the judicial-branch day job of state Sen. Sheila Leslie, D-Reno.
Comments
Terms & Conditions
The following comments are provided by readers and are the sole responsiblity of the authors. The Review-Journal does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please use the Report Abuse button.
Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 24 hours. Please do not submit a comment more than once.
Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.
RSS
Twitter
Facebook
Why would anyone despise Government, as they are doing such a good job for themselves at our expense?
Tell me, how does the RJ editorial board reconcile the existence of administrative agencies, which often exercise all three functions of government, at different times? Is there anything in the Constitution authorizing an agency, delegated powers from the legislature, from writing rules, having enforcement powers over those rules, and then holding hearings to decide whether the rules have been broken, and then imposing fines? Most state constitutions do not, if I recall my government classes, since the advent of administrative agencies came after most state constitutions were adopted. And yet have the courts across the land declared them all unconstitutional? No, they haven't and they are not going to. This editorial basically parrots the fringe view espoused by the NPRI and government despising libertarians, without even mentioning the counter argument, which I think is the majority view, and probably would prevail if it could ever get through the courts. The NPRI view would mean no policeman, schoolteacher, fireman, or civil servant of any kind could ever be eligible for legislative service, regardless of any qualifications and experience they may have and regardless of the desire of the voters, who, after all, have the choice as to whether a government employee ought to serve or not. If you decide to work for the government in any capacity, you forfeit your right to ever run for elective office. Come to think of it, I suspect that many NPRI members also believe, and will someday propose, that we should return to the days where only [male] property owners should be allowed to vote as well--that would really keep taxes low and government functions at a minimum.
A "CROOKED DEMOCRAT" in the Legislature ????? --------------------------------- "I AM SHOCKED !!!!!"
The other day RJ published a story about some GOP lawyer who has declared his intention to run for a state assembly seat. He faces a primary against a "businesswoman".
You scratch the surface and what do you discover? That the attorney regularly practices in FEDERAL Court and the businesswoman is a MEDICARE contractor. In other words, they're both federal government loyalists.
The NSC contains an *explicit* prohibition against their serving in the Legislature (Article 4 §9).
if we had to bet on the identity of the next plaintiff to be represented by Mr. Becker's outfit ..
There are any number of government workers, lawyers, and other ineligibles who will be filing "Declarations of Candidacy" for seats in the Legislature.
NPRI needs to be recruiting petitioners with legal standing (ie residents of those districts) to file challenges to those illegal candidacies.
An ounce of prevention ..
When will NPRI take on NV state and county associations(unions) that bargain behind closed doors and make/set policy? How is it that my tax dollars are being used to pay these employees and as a taxpayer, can not even be present to hear, see or comment on negotiations and other aspects? Where is the transparency?
no persons charged with the exercise of powers ..
Attorneys exercise functions of the *Judical* branch. I mean, think about it. Attorneys:
are the only ones permitted to represent others in court.
are willfully committed to respecting the standards of the court
are subject to sanction for violating the judicial orthodoxy
etc and so forth
All of our esteemed Members of the Bar who serve in the non-judicial branches need to be picked off.
Hey, DEMs! You're the Lawyer's Party. Retaliate by going after lawyer Sandoval.
Thanks NPRI for a long over due correction of politics as per usual Nevada style. Here in Esmeralda County the land use advisory committee is staffed by 2 Esmeralda county dept supervisors and other county workers that continue to push the Master Plan that will directly benefit those same folks. Meetings continue to be held without quorums, lack of proper notices and due process/representation. A Master Plan that will require bonds backed up by 783 county residents that will most assuredly raise property taxes with benefits going to the county and other special interests. How will a county of 783 people pay for a planning commission and for all of the other economic development plans the County is trying to slip in the back door? Or is this a prelude for Nye/Esmeralda realignment that an overwhelming majority of Esmeralda citizens have voiced a desire to NOT happen? PRupp B125 SP NV 89047
Get lost Mo. If you were a real "leader" (which the Sun story today pointed out you are NOT and only leading election efforts because nobody else wanted the post.) A real leader would have gotten one of your capable caucus members to lead the election effort and you would have fought NPRI, but you chose to be a coward and now other democrats will have to fight your fight. That is a recipe for disaster in Carson City, thankfully democrats will never let you become Majority Leader. Working families need a fighter not a coward!
The revolving door between law firms and consulting groups to government is more problematic than some computer tech.