It’s a bad idea for state workers to serve in the Legislature. This is why the Separation Of Powers Clause is in the Nevada Constitution.
And now the Nevada Policy Research Institute (NPRI) has filed a lawsuit to force government workers serving in the Legislature to choose either their government job or being a legislator. After all, as the old saying goes, a dog can’t serve two masters.
Indeed, state Sen. Ben Kieckhefer (R-Reno) quit his government job at the Department of Health and Human Services after being elected in 2010. And on Thursday, Sen. Kieckhefer tweeted: “I left my job with DHHS the day after I was elected specifically to preserve separation of powers. It’s important.”
Senator Kieckhefer, I agree.
All told, about 20 percent of state legislators are government employees. Only two of them, however, are Republicans like Kieckhefer. And one of them is moderate Assemblyman Scott Hammond…who Kieckhefer has endorsed over conservative non-state worker Assemblyman Richard McArthur in the SD-18 race next year.
For Sen. Kieckhefer to be consistent, he needs to publicly call for Hammond to do exactly what Kieckhefer himself did; resign his government job if he wishes to continue serving in the Legislature. After all, it’s the only way to preserve that separation of powers, right? And it’s important, right? Senator?
On another note, I have heard that this practice of ignoring the Nevada Constitution has been allowed as the Constitution also states that it is up to the Legislature itself to decide who is eligible to serve.
Isn’t this a case of the fox guarding the hen house? Can we really expect our State Legislators to be the ones who decide who is eligible?
Although the Nevada Constitution does state that the Legislators decide the eligibility of its’ members to serve, the Legislature cannot violate the Nevada Constitution in making their decision.
The Nevada Legislators do have a guideline in making the decision on whether or not one, or more, of its’ members are aligible. It is Art. 3 Sec 1, the Separation of Powers Clause.
In other words, just because we have the foxes guarging the hen house, they cannot ignore (violate) other parts of the Nevada Copnstitution. If we had elected officials who actually followed their Oath of Office, we wouldn’t be in this situation.
The Separation of Powers Clause is clear when it states “…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…” (emphasis mine)
Yes, “any function” means that even a janitor must quit his job if he/she wishes to serve as a member of the Legislature.
The Nevada Constitution is clear. If a public employee wishes to serve in the Nevada Legislature, they MUST quit their public employee job.
To Assemblyman Scott Hammond, and all the other Public Employee/Legislators, you have two choices. Either quit your public employee job, immediately, or resign your position as State Legislator.
And now the Nevada Policy Research Institute (NPRI) has filed a lawsuit to force government workers serving in the Legislature to choose either their government job or being a legislator. After all, as the old saying goes, a dog can’t serve two masters.
Indeed, state Sen. Ben Kieckhefer (R-Reno) quit his government job at the Department of Health and Human Services after being elected in 2010. And on Thursday, Sen. Kieckhefer tweeted: “I left my job with DHHS the day after I was elected specifically to preserve separation of powers. It’s important.”
Senator Kieckhefer, I agree.
All told, about 20 percent of state legislators are government employees. Only two of them, however, are Republicans like Kieckhefer. And one of them is moderate Assemblyman Scott Hammond…who Kieckhefer has endorsed over conservative non-state worker Assemblyman Richard McArthur in the SD-18 race next year.
For Sen. Kieckhefer to be consistent, he needs to publicly call for Hammond to do exactly what Kieckhefer himself did; resign his government job if he wishes to continue serving in the Legislature. After all, it’s the only way to preserve that separation of powers, right? And it’s important, right? Senator?
On another note, I have heard that this practice of ignoring the Nevada Constitution has been allowed as the Constitution also states that it is up to the Legislature itself to decide who is eligible to serve.
Isn’t this a case of the fox guarding the hen house? Can we really expect our State Legislators to be the ones who decide who is eligible?
Although the Nevada Constitution does state that the Legislators decide the eligibility of its’ members to serve, the Legislature cannot violate the Nevada Constitution in making their decision.
The Nevada Legislators do have a guideline in making the decision on whether or not one, or more, of its’ members are aligible. It is Art. 3 Sec 1, the Separation of Powers Clause.
In other words, just because we have the foxes guarging the hen house, they cannot ignore (violate) other parts of the Nevada Copnstitution. If we had elected officials who actually followed their Oath of Office, we wouldn’t be in this situation.
The Separation of Powers Clause is clear when it states “…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…” (emphasis mine)
Yes, “any function” means that even a janitor must quit his job if he/she wishes to serve as a member of the Legislature.
The Nevada Constitution is clear. If a public employee wishes to serve in the Nevada Legislature, they MUST quit their public employee job.
To Assemblyman Scott Hammond, and all the other Public Employee/Legislators, you have two choices. Either quit your public employee job, immediately, or resign your position as State Legislator.
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