LAS VEGAS - John Oceguera's dual role as Democratic assemblyman and North Las Vegas firefighter did not put him in conflict with the federal Hatch Act, the U.S. Office of Special Counsel said in a letter to the city.
The special counsel's office investigated whether Oceguera's run for the Legislature in 2002 violated the act because the city fire department received a $146,000 federal grant for a fitness program.
But it was still unclear 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 their connections to federal funds are so minimal they should not fall under the Hatch Act.
The act, which is enforced by the office, prohibits federal and some local government employees from participating in partisan politics.
In Perkins' case, the special counsel's office has said he had significant involvement with programs or employees that use federal funds, and he would be in violation of the act if he runs for office again while still with the department.
Perkins has 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.
Earlier this week, Las Vegas lawyer Dan Polsenberg filed a brief with the Nevada Supreme Court, arguing the state constitution does not block "ordinary public employees" from serving as legislators.
Polsenberg wrote in court documents that the types of jobs performed by nine government workers who also serve in the part-time state Legislature are not of a high enough position to bar them from being lawmakers.
Polsenberg filed the brief with the state Supreme Court on behalf of the Las Vegas Police Protective Association, the State of Nevada Employees Association, the Professional Firefighters of Nevada, the Nevada Faculty Alliance and other organizations.
The organizations support the lawmakers who are fighting a move by state Attorney General Brian Sandoval and Secretary of State Dean Heller that would force them to choose between their legislative positions and their government jobs.
