The Nevada Constitution allows local government employees, including teachers, to serve in the Legislature but bars state employees such as Carson City Assemblyman Ron Knecht, Attorney General Brian Sandoval said Monday.
Knecht is one of six lawmakers whose positions in the Legislature could be threatened by Sandoval's opinion, which was requested by Secretary of State Dean Heller to resolve questions over whether public employees must surrender those jobs in order to serve as legislators.
The 25-page opinion issued Monday concludes that Article 3, Section 1 of the Nevada Constitution bars any employee from serving in the executive branch of state government and simultaneously serving as a member of the Nevada Legislature.
But it's not expected to change the election landscape this year, because it doesn't prevent any public employee from running for office or winning.
Heller said he would not stop anyone from filing a candidacy for office. "That's the way this office has always handled it because we're the filing office," he said. "If someone else wants to challenge it, they can."
Sandoval's opinion is in direct contrast with opinions from the Legislative Counsel Bureau, the research arm of the Legislature.
"Until a court gives us direction, it's just their opinion and our opinion," said Bureau Director Lorne Malkiewich.
Both Sandoval and Malkiewich said they expect the issue will eventually be resolved by the Nevada Supreme Court.
"I think it important for the court to review this issue, given that it has not previously passed on it," said Sandoval.
If a court agrees with Sandoval's opinion, it could force Knecht, R-Carson City, to choose between his Assembly seat and his job as an economist with the Public Utility Commission.
Knecht said he intends to run for re-election this year.
"I intend to continue working at the commission. I enjoy my job and think I make a good contribution to public service. But I intend for sure to run for re-election. I expect to win and expect to serve another term," said Knecht.
The attorney general's opinion states the requirement doesn't apply to local governments or school district teachers, which Sandoval said are county employees, not state executive branch employees. Therefore, the opinion doesn't challenge the status of three current lawmakers: Henderson deputy police chief and Assembly Speaker Richard Perkins, D-Henderson; fireman John Oceguera, D-Las Vegas; or school teacher Bernie Anderson, D-Sparks.
The opinion, however, classifies university system employees as state executive branch employees - which would affect Assistant Senate Majority Leader Ray Rawson, R-Las Vegas, a professor at Community College of Southern Nevada; University of Nevada, Las Vegas professor and Senate Minority Leader Dina Titus, D-Las Vegas; Chris Giunchigliani and Mark Manendo, both Las Vegas Democrats who work for CCSN, and Assemblyman Jason Geddes, R-Reno, environmental manager at the University of Nevada, Reno.
"I plan on running and winning and serving until told I cannot," said Geddes.
"I'm running," said Giunchigliani.
While the issue has been pushed by Republicans who believe it would primarily affect Democrats, the opinion issued Monday would split the parties equally: three Republicans and three Democrats.
"We'll let others interpret the political ramifications of the opinion," Sandoval said.
The opinion disagrees with several issued over the years by the Legislative Counsel Bureau. Most recent was a January 2003 opinion, in which the bureau advised Geddes he could serve as an assemblyman and keep his job at UNR because he was in a position of "public employment" but wasn't a "public officer." The difference, the opinion states, is whether the person "exercises any of the sovereign functions of the state."
The attorney general's opinion says the distinction between public employees and public officers is irrelevant, because the state constitution doesn't make a distinction in banning executive branch employees from state elective office.
Heller said he largely agrees with the opinion. He pointed out he was deputy state treasurer when he first ran for the Assembly and that he handled his situation then exactly the way the opinion dictates.
"Once I got elected, I resigned from the Treasurer's Office," he said. "So within the narrow range of this opinion, I agree with it."
Contact Geoff Dornan at nevadaappeal@sbcglobal.net or 687-8750.
