Posts Tagged ‘Senate’

Sandoval Releases Statement of Intent to Appoint Heller to Senate

By Elizabeth Crum | 12:10 pm April 27th, 2011

From the governor’s office today:

“The people of Nevada deserve a new senator who can begin work immediately.  Too many important issues face our state and our nation to name a caretaker to this important position; Nevada needs an experienced voice in Washington, DC.

“Dean Heller currently represents 16 Nevada counties in their entirety and parts of Nevada’s most populous county, Clark County.  Dean has served as a statewide Constitutional officer for 12 years, as a member of the Nevada Legislature, and is serving his third term in the U.S. House of Representatives.  He has quickly risen through the ranks within the United States House of Representatives.  Dean is an experienced representative who is ready for the responsibilities of this office, and who will work hard, not just for Nevada, but for the entire nation.

“A fiscal conservative who believes in limited government, Dean will fight to keep taxes low and balance the federal budget.  He understands that the federal government spends too much money and places too many regulatory burdens on small business.  Just as Senator John Ensign fought for states’ rights and sound economic policies, Dean will speak out for the concerns of every-day Nevadans.  I am confident he will help get Nevada working again.

“Dean Heller is a compassionate man of deep personal integrity, with a down-to-earth approach to public service.  I have no doubt Dean will serve Nevada in the Senate for many years, and I look forward to working with him on behalf of the state we both love so much.

“Recognizing that this appointment will create a vacancy in the office of U.S. Representative from Nevada’s Second Congressional District, I pledge to work closely with Secretary of State Ross Miller on the timing of the upcoming transition and resulting special election.  I have asked Secretary Miller to provide me with information on the rules for conducting this election at his earliest convenience.”

 

Berkley Pollster Says Incumbent Advantage a Myth

By Elizabeth Crum | 10:33 am April 27th, 2011

On Sunday I wrote that Congressman Dean Heller stands to gain more than he risks losing should Governor Sandoval appoint him to John Ensign’s Senate seat this week.

Shelley Berkley pollster Mark Mellman yesterday disagreed, saying the incumbent advantage is somewhat of a myth when the subject is appointed rather than elected Senators. From his piece on The Hill:

It’s amazing how quickly some analysts jump to conclusions without any facts to break their fall. Discussions of Dean Heller’s potential appointment to John Ensign’s (R) Senate seat provide the latest example of fact-free commentary.

Talk about the “incumbent advantage” Rep. Heller (R) will gain by virtue of this appointment ignores the historical record, which makes clear that appointed incumbents gain no advantage. Telling titles of two academic treatises summarize the facts: “Treadmill to Oblivion: The Fate of Appointed Senators” and “The Electoral (Mis) Fortunes of Appointed Senators and the Source of Incumbency Advantage.”

Since popular election of senators began in 1913, 118 appointed senators sought election and just 62 — or 52.5 percent — won their seats. Nate Silver of Fivethirtyeight.com confines his analysis to Senate appointments since 1956 and finds that 51 percent won election.

An appointed senator has about the same odds of winning a coin flip as (s)he does of keeping his or her seat: about the same odds as an otherwise evenly matched race for an open seat.

Nate Silver’s 2008 analysis included a nice chart showing the 49 gubernatorial appointees since 1956 and the results of the subsequent elections. Many lost, and Silver noted that the numbers are far below the usual benchmarks for incumbent senators:

Since 1990, about 81% of incumbent senators have sought re-election, and among those have sought it, 88% have won it. By contrast, among the 80% of gubernatorial appointees since 1956 who chose to seek re-election, only 49% survived both the primary and the general election.

Mellman goes on to list the reasons for the low ROA (Return On Appointment) including well-qualified, well-funded challengers (usually other members of Congress), the fact that appointed Senators do not have the advantage of having introduced themselves to and defined themselves with voters (as they would had they run a campaign), and the fact that voters tend to prefer elections to having “a single individual stuffing a U.S. senator down their throats in a process that appears questionable.”

Mellman also refers to the 17th Amendment, which provides for popular election of senators, saying the Constitutional language makes it clear that elections are the proper way to fill a vacancy. From his piece:

“When vacancies happen … in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies.” A proviso was added to deal with the lag between the creation of the vacancy and the point at which an election was feasible: “the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election.” While some states require speedy specials or appointment of a caretaker, many take advantage of this loophole by waiting up to two years to hold the constitutionally mandated elections, but voters smell the rat and give no advantage to those acceding to office by appointment.

Analysts who thought Dean Heller would gain an advantage from his appointment would do well to consult a few facts in addition to their flawed assumptions.

I always pay data its due respect and did consult the statistics before writing my post, so my suggestion that Heller stands to gain from an appointment was not made in ignorance. Mellman is right that it guarantees the Congressman nothing and perhaps hurts him in the eyes of some voters, but those disgruntled voters–Democrats who this week clamored for an “open” selection process to include public hearings even though state law says it is the governor’s duty to choose Nevada’s next senator (and many of whom wouldn’t be complaining if the governor were a Democrat appointing a Democrat–were not going to vote for Dean Heller next year anyhow.

A recent PPP poll shows the Republicans will vote for Heller en masse (86%) and many independents (56%) say they are likely to do so as well. The survey shows Berkley has gained ground in the last four months — Heller is now up only 47-43 — but Heller’s favorables with independents and strong support from the GOP base are not likely to change much between now and next November.

In addition, Shelley Berkley is facing a primary challenge from the wealthy and outspoken Byron Georgiou who, unless he can be talked out of the race (and he says he cannot), is very likely to attack Berkley and drive up her negatives with the Democratic base as well as with independents. This will help Heller in the general election, presuming he is not also challenged in and damaged by the GOP primary next year.

Finally, as I said on Sunday, Senator Heller will gain more in the way of statewide name recognition than Congressman Heller (even without a campaign), not to mention the PR and fundraising advantage to be gained through use of the NRSC’s statewide mailing lists. In addition, Heller will open an office in southern Nevada which can then be used as a de facto campaign headquarters in order to build support in Clark County–where he needs it most.

If Heller is appointed and then loses to Berkley next fall, it will be less for the reasons Mellman mentions and more because the Nevada Democrats, who presently have a 60,000 statewide voter registration edge, did their usual bang-up job of getting out the vote with the added boost of energy that comes in every presidential election year.

 

Tea Party Express is Back on the Job in Nevada

By Elizabeth Crum | 12:47 pm April 24th, 2011

They’re BAAAACK…

Yes, Dear Readers, the Tea Party Express (TPX) is once again attempting to influence Nevada state politics in ways some say make little pragmatic sense and even (I would wager) contradicts what some folks on their Nevada mailing list are hoping happens in the coming weeks.

Exhibit One, a recent TPX missive suggesting that Governor Sandoval should appoint a placeholder (rather than Rep. Dean Heller) to John Ensign’s soon-to-be vacated Senate seat:

FOR IMMEDIATE RELEASE: April 22, 2011
CONTACT: Levi Russell at Levi@FrontlineStrat.com or (509) 979-6615

TEA PARTY EXPRESS CALLS FOR CONSERVATIVE ‘PLACEHOLDER’

Grassroots group asks Governor to avoid forcing a Special Election

The Tea Party Express (www.TeaPartyExpress.org) today called on Nevada Governor Brian Sandoval to appoint a distinguished Nevadan as an interim appointment to the vacant U.S. Senate seat so voters can have an unbiased final say in the elections of 2012.

Under Nevada law the Governor must appoint a successor to replace Senator John Ensign, who announced his resignation from the U.S. Senate as of May 2nd.  Speculation is that Sandoval is interested in appointing Congressman Dean Heller to the vacant Senate seat.

Such an appointment would create a House vacancy at an inopportune time as the Congress is addressing the serious debt and excessive spending of the federal government.  In addition, because Nevada has not had experience with Special Elections, it is an uncertain process to select a replacement to Heller.

Since historically around the country, appointed U.S. Senators have fared poorly in efforts to get re-elected in their own right, it makes more sense for the Governor to appoint a conservative Nevadan to fill out the remaining term of Senator Ensign, rather than put an appointed Senator in great jeopardy of not winning re-election in 2012.

The Tea Party Express suggests that distinguished Nevadans such as former Governor Bob List and former Treasurer Bob Seale would make outstanding interim appointments.  They could serve with great distinction for the next two years, and Nevada would be continuously represented in the House and Senate without the disruption of a Special Election.

Some have suggested the law be interpreted or changed so that political party caucuses would be used to select nominees.  We are opposed to any process that favors political insiders over the views and interests of the conservative voters of the state.

For further information or to schedule an interview, please contact Levi Russell at Levi@FrontlineStrat.com or (509) 979-6615

Huh…?

I hate to rain on anyone’s Tea Party Parade, but many TPX contentions regarding the possible outcomes of a party-chosen vs. primary-elected candidate are highly questionable. Where to begin…

First, assuming Governor Sandoval appoints Dean Heller to the Senate, Nevada special election rules dictate that he will then set a special election date (to occur within six months) for the open House seat. Once that date is chosen, there will be either a “free for all” primary election for all parties, or — as TPX points out — the parties will nominate candidates according to party rules (generally: via a vote of each party’s caucus or central committee). Whichever way it goes, the rules will be the same for all parties.

We do not yet know which scenario it will be, because Nevada law is a bit vague and in any case may be overridden by a federal statute. Secretary of State Ross Miller will issue an opinion on the law as soon as the governor announces his appointment, and we’ll go from there.

Second, the claim that the NV GOP caucus is made up of “political insiders” not only reveals typical TPX animosity toward all party structures, but also illustrates their (apparent) ignorance of the Republican ground game in Nevada. The executive board of the Clark County Republican Party, which accounts for a large percentage of the state’s GOP caucus (because 70% of the state lives in Clark), was last year taken over by Tea Party and Ron Paul types who are anything but party “insiders” and members of the good ol’ boy establishment. Naturally there are still some insiders on the inside, but they do not by any means run the GOP show.

What was left unsaid in the TXP presser is this:

If a GOP central committee caucus vote decides who the Republican candidate will be, their darling, Sharron Angle, probably does not stand much chance to be the chosen one. Sad for them — especially in light of the $500,000 they threw into her primary campaign last year — but the fact is, tea partiers and old-schoolers alike are concerned Angle could lose to a likable moderate or conservative Democrat. Whether fans of Angle or not — the base is divided on the Angle question, and her negatives with the base are high — many Republicans say they are just not prepared to risk a loss.

At this point, many Republicans say they believe state party chairman and former state Senator Mark Amodei, Lt. Gov. Brian Krolicki, or pretty much any other GOP candidate has a better shot to win a general election than Angle. They know Heller’s district is by no means assured to the Republicans, and they want to nominate the most conservative candidate with the best shot at holding the seat.

Second, regarding the incumbency advantage or disadvantage for Heller, there is an argument to be made either way…but Heller probably stands to lose little and gain much by already being in the Senate when he runs for the seat next year. Such as: more statewide name recognition (which he very much needs in Clark County), use of Senatorial stationery and the NRSC’s statewide mailing lists, and some sensible Senate votes to point out to Nevada’s voters when campaign season is in full swing next summer. It is foolish to claim with any confidence that Heller, if appointed to the Senate, has less of a chance at reelection than otherwise.

Third, re: redistricting, it will not in any way be decided by the outcome of the special election, but by the inner workings of the Nevada Legislature and possible the courts. Redistricting depends on numerous factors including:

– various negotiations re: the state budget (the two should not be related, but they are)

– the gumption of the governor re: vetoing Democrat-drawn redistricting maps (Sandoval so far seems unafraid to use his veto stamp, and he has stated he’ll veto as many maps as it takes to get a fair final version)

– potential compromise-driven crossover votes from either moderate Democrats or Republicans in the Nevada senate (possible), and

– whether or not the matter ends up in court, which it very well may.

In any case, there is little (if any) doubt that Governor Sandoval is going to appoint Dean Heller to the Senate…so TPX is likely wasting its energy seeking a different outcome.

Assembly Republicans Hold With Gov. Sandoval On Higher Education Budget, Ensuring Funding Impasse Continues

By Sean Whaley | 7:39 pm April 22nd, 2011

CARSON CITY – After a lengthy hearing in the Assembly today on what several witnesses said were the catastrophic effects of Gov. Brian Sandoval’s budget recommendations for higher education, Republican members held firm with the executive branch in a series of funding votes.

The votes came in a meeting of the Committee of the Whole, where all 42 members of the Assembly heard testimony on what higher education officials and supporters said were reductions that would mean closing off access to higher education to as many as 19,000 Nevada high school graduates.

Dan Klaich, chancellor of the Nevada System of Higher Education, talked about the effects of Sandoval’s budget in hearings in both the Senate and Assembly.

Higher education Chancellor Dan Klaich testifies in the Senate today/Photo: Andrew Doughman, Nevada News Bureau

Today he offered an alternative to the Sandoval budget that would increase student fees by 13 percent, require cuts in operating budgets of another 13 percent, and see $100 million in additional revenue from lawmakers. The final element of the plan would restore additional funding in the second year of the budget if the economy recovers and revenues come in higher than projections.

Sandoval’s budget would reduce state funding to the system by $162 million.

Heidi Gansert, chief of staff to Sandoval, and Andrew Clinger, the state budget director, defended the higher education budget and responded to questions at the hearings.

The administration’s position has been consistent: that the key to getting Nevada out of its economic downturn is to create more jobs, and that tax increases would slow any recovery.

The 16 Assembly Republicans held firm with Sandoval in the votes, which included questions about whether to support Sandoval’s proposed higher education budget. The Republican caucus picked up two Democrats in support when the vote was on the question of whether the Assembly should support tuition increases of 10 percent to 15 percent to offset some of the budget reductions to higher education in the Sandoval budget.

Democrats Harvey Munford and Marilyn Kirkpatrick, both from Southern Nevada, voted with Republicans on the tuition question.

Munford, D-Las Vegas, said he thought tuition increases seemed reasonable in light of the state’s financial situation.

“That’s a pretty common practice across the country when you’re short on funds,” he said. “Sometimes finding additional funding requires increasing tuition.”

Kirkpatrick, D-North Las Vegas, also said it seemed as though the Board of Regents would approve a tuition increase of somewhere between 10 to 15 percent anyway.

“I think we are going to end up raising tuition,” she said. “I just hope we can keep the same quality of education as we do that.”

The mostly party-line votes mirrored those in the Assembly on Tuesday, when the subject was the public education budget. The Senate budget hearings did not include votes by the 11 Democrats and 10 Republicans.

Democrats seeking to offset some of what they argue are the worst cuts in Sandoval’s budget need the support of a few Republicans to raise taxes or continue those tax increases approved by the 2009 Legislature that are set to expire on June 30.

Sandoval has been unwavering in his position that he will not raise taxes or fees as part of his two-year, $5.8 billion general fund budget. Democrats need three GOP supporters in the Senate and two in the Assembly to raise taxes and override a Sandoval veto.

In the Senate Committee of the Whole hearing, Sen. Michael Roberson, R-Las Vegas, asked Klaich about his alternative budget proposal: “For argument’s sake, if we need $100 million … where does that come from or where do we cut?”

Klaich replied that the Legislature could mitigate many of the worst cuts, including those proposed for higher education, if it considers extending the 2009 tax increase that is scheduled to end this July.

“We are talking about a budget that is built on giving a tax cut in the upcoming biennium to the largest businesses in the state by allowing the taxes to sunset,” he said.

The 2009 Legislature increased the business tax on the state’s largest employers as part of a tax package to help balance the current budget. Those increases were required to sunset, however, on June 30 of this year.

Sandoval has rejected any suggestion of extending the sunsets to add more revenue to his budget.

The Senate hearing also featured some of the state’s prominent businessmen speaking to the benefits of higher education. They said corporate philanthropy may be in danger if businesses cannot be assured the state views its universities and colleges as long-term, sustainable investments.

Representatives from businesses in the Las Vegas Chamber of Commerce echoed last week’s chamber memo, in which the chamber outlined a plan for reforms to the state’s higher education system paired with a possible tax increase.

Today, a representative from the Henderson Chamber of Commerce made a similar statement.

“Members are almost universally supportive of higher education,” said Kirk Claussen of Wells Fargo and the Henderson Chamber of Commerce. “…If they can be assured that the taxes they are already paying into the state are being effectively and efficiently spent, they are willing to come to the table to talk about additional taxes to help support the system.”

The votes suggest that bringing the 2011 legislative session to a close won’t be an easy task. If an acceptable budget is not in place by June 6, when the session must end, at least one and possibly more special sessions could be necessary, running the budget debate well into the summer.

Nevada News Bureau Intern Andrew Doughman contributed to this report.

 

John Ensign, Episode…Too Many

By Elizabeth Crum | 10:35 am April 22nd, 2011
With yesterday’s preemptive, hastily announced resignation, Senator John Ensign’s graceless fall from grace continued. Despite stating he is leaving office in order to spare his family and constituents any further stress, the timing — shortly after an Senate Ethics Committee quietly voted to continue their 22-month investigation, possibly via public hearings — made the cause of Ensign’s departure evident. The specter of the falling axe sent the senator scurrying for the exit when nothing else would.
 
Ensign thought — or at least fervently hoped — his decision not to seek a third term was the end of an ugly political affair birthed months after an almost inconceivable conception: a shocking and sordid personal affair with the wife of a dear friend and top aide, fertilized and fed by Ensign’s ego. The junior senator’s parents were not only complicit but participatory in the attempted cover up, issuing a series of “gift” checks to the Hamptons totaling $96,000. The Federal Elections Commission saw fit to take the Ensigns’ expanatory affidavit at face value and dismiss a Citizens for Responsibility and Ethics in Washington (CREW) complaint regarding the payments.
  
But the saga may not be over, even yet. The sequel and (we can only hope) final episode is pending and tied to the fate Doug Hampton, former Ensign staffer and cuckhold, who now stands indicted on seven counts of illegal lobbying. Should Hampton produce damning evidence of Ensign ethics violations in his own legal defense, as he has hinted he may, the Department of Justice may take a second look at the senator.
 
In addition, even after Ensign vacates his seat on May 3, the Senate Ethics Committee may release some or all of the evidence it has gathered. This may also motivate the Justice Department to get off its legal duff and move forward with an investigation and possible indictment. Indeed, the committee’s statement yesterday hinted it was in possession of serious findings when it said the resignation of Nevada’s junior senator was “the appropriate decision”.
 
Many Nevadans disagree, believing Ensign’s so-called appropriate choice came far too long after his initial inappropriate act and subsequent machinations to be considered befitting behavior for a United States Senator. The time for doing the right and proper thing is long past, they say. Their disgraced native son–once on the probable short list for the vice presidency on a near-future national ticket–has done too little, too late.
 
It is said it is never too late for redemption, but Ensign’s resignation will be an unprecedented, indelible black mark on Nevada’s already tarnished political history books. It is a legacy the already embattled Battle Born State could do without.

Senate Debate On Gov. Sandoval’s Public Schools Budget Sees No Vote, Fireworks

By Sean Whaley | 4:29 pm April 20th, 2011

CARSON CITY – The debate over Gov. Brian Sandoval’s proposed cuts to public education shifted to the state Senate today, with members of the upper house getting the details of the reductions that the Clark County schools chief said would mean the loss of $400 million for a 19 percent cut in funding.

But there was no effort by Democrats, who control the Senate with a narrow 11-10 advantage, to force a vote on the schools budget as occurred yesterday in a more contentious Assembly hearing. There were no fireworks either.

The Senate heard from a number of school officials talking about the effects of the cuts proposed in Sandoval’s budget, as well as a defense of the plan from Chief of Staff Heidi Gansert and Budget Director Andrew Clinger.

Sen. Steven Horsford watches as Sandoval Chief of Staff Heidi Gansert and Budget Director Andrew Clinger testify in the Senate today./Photo: Nevada News Bureau

State Budget Director Andrew Clinger and Chief of Staff Heidi Gansert testify in the Senate today as Sen. Steven Horsford watches./Photo: Nevada News Bureau

Clark schools chief Dwight Jones said that if the teachers union does not agree to benefit concessions the district is looking at layoffs of 2,500 to 3,000 employees. Class sizes would also likely increase, by three students in elementary grades and two students in the secondary grades, he said. The textbook and supplies budget would likely see a 50 percent cut as well.

Jones acknowledged, however, that the tough economic conditions facing the state have proved to be an impetus to make reforms to the delivery of education in the district.

Gansert reiterated the Sandoval position that new taxes are not an option for the upcoming two-year budget because of the need to let the economy recover and for Nevada businesses to begin adding jobs.

She noted that the most recent unemployment report for March showed job growth for the first time in 37 months.

Gansert also defended the use of more than $300 million in school district bond reserve funds to fund operating costs for schools, a controversial element of Sandoval’s spending plan for public education. The proposal was put forward to avoid even more severe cuts to public education, she said.

Senate Majority Leader Steven Horsford, D-Las Vegas, started the proceedings for the Committee of the Whole by saying bringing the details of the public education budget to the full Senate is critical to reaching a compromise on spending. He rejected a suggestion that the hearings are a “farce.”

Senate Majority Leader Steven Horsford presides over the Committee of the Whole discussion on public education today/Photo: Nevada News Bureau

“Some in the Legislature have characterized these Committee of the Whole proceedings as a dog and pony show or a farce intended to politically embarrass members of this body,” he said. “Nothing could be further from the truth. The Committee of the Whole in the Senate is about serious business of the state of Nevada that must be resolved.”

Horsford said he cannot accept the education cuts proposed in Sandoval’s two-year, $5.8 billion general fund budget, and that he is willing to compromise. There is no question that any budget approved by the Legislature will include severe cuts to all areas of spending, he said.

“I am prepared to stay here as long as it takes, but I would prefer that we meet our constitutional deadline of passing a budget by June 6,” Horsford said. “That means we must begin working together now to find the common ground and compromises that will allow that to happen.”

In a briefing after the administration presentation, Gansert and Dale Erquiaga, senior adviser to Sandoval, reiterated the governor’s positions on the education budget and taxes.

“We were very careful in putting this budget together, we believe it is sound and it is reasonable,” Gansert said. “We made extra efforts to mitigate the cuts or make them as small as possible to education because that is a priority of the governor’s.”

Erquiaga said that while the administration is interested in reforms sought by Assembly Republicans in such areas as collective bargaining and the prevailing wage, that those issues must be considered on their own merits.

“He certainly welcomes a conversation about reforms, but we need to have a conversation about reforms in this state based on the merits of that proposal, not horse trading,” he said.

The actual level of funding remains a point of contention between Democrats in the Legislature and the Sandoval administration. Democrats say some elements of the proposal are budget cuts, with the governor’s staff disagreeing with the characterization.

Information prepared by legislative fiscal staff provided to lawmakers shows more than $1 billion proposed “major reductions” to school districts. These numbers come from a variety of sources:

  • $600 million from freezing teachers’ pay increases, reducing salaries by 5 percent and making teachers contribute more to their retirement plans.
  • $238 million from the governor’s direct reductions to state support for public schools.
  • $221 million of room tax money continues to shift from supporting schools to the state general fund, as it does in the current budget.

The Senate hearing was more subdued that the marathon session in the Assembly that lasted more than six hours Tuesday. The Assembly session deteriorated later in the evening with accusations and complaints levied by members of the lower house at each other.

In the end, Republicans and Democrats remained firmly entrenched in their positions, with the 16 GOP members supporting Sandoval’s budget recommendations and the 26 Democrats seeking some compromise that would require some form of as yet unidentified tax increase.

The Legislature is scheduled to adjourn on June 6.

Audio clips:

Senate Majority Leader Steven Horsford says Committee of the Whole meetings are way to find compromise on budget:

042011Horsford1 :26 must be resolved.”

Horsford says budget compromise will require acting like adults:

042011Horsford2 :29 and trying circumstances.”

Horsford says he will stay in Carson City as long as it takes to find compromise on public school funding:

042011Horsford3 :19 that to happen.”

Clark County schools chief Dwight Jones says Sandoval’s budget means a 19 percent cut:

042011Jones :24 about our work.”

Sandoval Chief of Staff Heidi Gansert says every effort was made to minimize cuts to public education;

042011Gansert :13 of the governor’s.”

Sandoval Senior Adviser Dale Erquiaga says a discussion of reforms is welcome, but not as a trade off for tax hikes:

042011Erquiaga :15 not horse trading.”

 

 

Collective Bargaining Bill Dies In Committee

By Andrew Doughman | 7:23 pm April 14th, 2011

CARSON CITY — Senate Operations Committee Chairman David Parks has put the brakes on a collective bargaining bill that the sponsor said could save $2.3 billion for the state.

Sen. Michael Roberson, R-Las Vegas, who sponsored Senate Bill 343, said it would save local governments as much as $2.3 billion by amending the state’s collective bargaining law and ratcheting wages down to national averages.

Parks called a hearing on the bill earlier this week, but he said today that the testimony was so negative that he did not believe the bill would have the votes to pass.

“It came down to the overwhelming testimony we received in opposition,” Parks said. “My determination was that there wasn’t strong enough support for it to get a vote.”

The Las Vegas Chamber of Commerce and the City of Reno testified in support of the bill. Firefighters and police unions, joined by the AFL-CIO, testified against it.

The bill would eliminate a third-party, binding arbitration process in management and labor contract disputes and instead impose the local government’s contract offer for up to one year.

The Legislature faces a Friday deadline to vote bills out of committee. In a more symbolic move, Parks may have brought the bill for a vote only to vote it down. By not bringing it up, he let it die quietly.

“It troubles me that the discussion of real reform is not proceeding,” said Sen. James Settelmeyer, R-Gardnerville, who co-sponsored the bill.

He serves on the Legislative Operations committee that heard the bill. He would have voted for the bill as would have Sen. Barbara Cegavske, R-Las Vegas. The three Democrats on the committee would have been likely ‘no’ votes.

Public sector unions have traditionally been a strong ally to Democratic candidates, making a bill like Roberson’s potentially unpalatable to his colleagues across the aisle.

The hearing earlier this week had raised the ire of both the sponsor and the opposition.

Lobbyists for public sector unions called the bill “insulting,” and at the end of the hearing Cegavske asked people to apologize to each other for “derogatory comments.”

Roberson at one point during the testimony of the opposition interjected that supporters of the bill were given short shrift.

The Legislative Operations committee did hear another bill, Senate Bill 98, that would also make changes to collective bargaining by requiring mediation prior to arbitration and freeing a third-party arbitrator from having to choose one of the final offers presented. This bill, however, sparked little contention and both public sector unions and local governments endorsed it.

Roberson’s bill, however, appears dead with the caveat that it could be resurrected as an amendment onto a similar bill such as SB 98.

SB 98 was voted out of the Legislative Operations committee today.

 

Legislators Texting, Tweeting And Typing Has Some Crying Foul

By Andrew Doughman | 7:11 pm April 1st, 2011

RENO – Behind the laptop, beside the cell phone and next to the iPad tablet, somewhere, is a legislator.

“I ask you to please stop looking at your phones,” said Crystal Jackson, a UNR student. “Stop looking as if you’re bored.”

She made the remarks after legislators were more than two hours into listening to students and faculty testify about proposed higher-education cuts at the University of Nevada, Reno on Thursday.

Legislators often multi-task, perusing emails and e-documents while listening to testimony.

But Jackson raises important points: how much time do representatives of the public owe the public, and how acceptable is it to use technology when members of the public are testifying?

“It seems like our stories are falling on deaf ears,” said Charlie Jose, president of the Associated Students of the University of Nevada, who testified earlier at UNR.

Often, legislators punch away at their keyboards as their committees listen to public testimony. Sometimes, only the chairperson of the committee speaks to members of the public.

Nevada Sens. Ruben Kihuen, left, and Mo Denis, both D-Las Vegas, look at an electronic device at the Legislature in Carson City, Nev., on April 1, 2011. Photo by Cathleen Allison

Still, nobody refutes the importance of public testimony, and some want to strengthen it.

Today, lobbyist George Flint testified about a bill from Assemblyman James Ohrenschall, D-Las Vegas. The bill would allow the public equal time to testify for and against a bill.

“The basic concept of our entire government is for everybody to be heard,” Flint said.

Legislators, however, do not have time to hear from everybody. The 120-day legislative session, a complex budget and a glut of bills means legislators are counting every second.

The dissatisfied students may also be bumping into what some have called the Carson City bubble, inside of which a brigade of lobbyists exert influence at the expense of those not physically in the Legislature.

“Probably the smartest thing the UNR students could do is hire a lobbyist,” said Flint, who has been a lobbyist for 49 years. “The way you get things done over here is to hire professionals who have the ear of these people [legislators].”

Flint is a lobbyist for a polarizing industry: Reno-area wedding chapels and some legal brothels. He knows as well as anyone that some lawmakers are set in their views. Three minutes or three hours of public testimony will not change their minds.

Still, it is important for the public to have a chance to have its say.

“If you’re going to walk out feeling like you’ve lost, you should walk out knowing you had enough time to make your case,” Ohrenschall said.

Nonetheless, technology has invaded committee rooms to the extent that people making their case cannot know if lawmakers are actually listening.

Assembly Minority leader Pete Goicoechea, R-Eureka, said that this is the “price we pay” for integrating more technology into the legislative process.

For the first time this year, nearly all legislative documents are on a computer system. So when legislators are looking at their computers, they could be referencing relevant documents.

Orhenschall said that he gets text messages from his assistant, who tells him another committee is waiting for him to testify on a bill.

Some members of the Senate and Assembly also use Twitter and consistently Tweet colorful quotes as people testify.

So for better or worse, legislators seem to be connected to their laptops, iPads and cell phones.

“You know how Darth Vader had become more machine than man?” Ohrenschall said.

 

 

 

DOJ Indicts Former Ensign Staffer Doug Hampton on Seven Counts

By Elizabeth Crum | 3:42 pm March 24th, 2011

Deep sighs of relief were heard all over Nevada when Senator John Ensign announced his decision not to run for reelection. Today the indictment of former Ensign staffer Doug Hampton will once again put many of the Silver State’s political players* on edge.

As reported by the AP and others, Hampton has been charged with illegally lobbying the senator’s staff on behalf of two companies for which he was working as a consultant.

Federal law prohibits former Senate aides from lobbying the Senate for one year after termination of employment.

Roll Call reports that Hampton is scheduled to be arraigned March 31 in the U.S. District Court for the District of Columbia.

Doug Hampton claimed in 2009 (first in a riveting interview on Ralston’s Face to Face and then on national television) that Ensign helped him find lobbying clients after he left the Senator’s office. Ensign has denied doing so.

When Hampton went public and effectively incriminated himself, he hinted he was in possession of more (read: damaging to Ensign) information than he was sharing. Presumably, that information will now be shared with the Department of Justice (DOJ) as Hampton seeks to defend himself.

If found guilty, Hampton could face up to five years in prison and a fine of up to $250,000 for each count.

The Department of Justice last year served subpoenas on numerous Las Vegas businesses, seeking documentation about Ensign, Doug Hampton, and various staffers and political operatives.

That documentation showed companies being contacted by Ensign’s office about possible work opportunities for Hampton, as well as emails from Hampton explaining how he could help them.

Ensign escaped sanction by the FEC and prosecution by the DOJ, but he is still the subject of a Senate Ethics Committee investigation that started in the fall of 2009.

*Update: Ralston mentions, via Tweet, that key testimony could come from John Lopez, former Ensign chief of staff who is now with R&R Partners, and Mike Slanker, an ex-Ensign operative now heading up Dean Heller’s senate campaign.

 

Heller Was Poised to Challenge Ensign in Primary

By Elizabeth Crum | 8:43 am March 15th, 2011

During a brief interview with Congressman Dean Heller a few moments ago, Heller laughingly called his U.S. Senate run “the worst kept secret in Nevada” and said that for the past many months his team “had anticipated we would be running against Ensign in the primary.”

Indeed, Heller’s well-tooled, warm-and-fuzzy campaign website and already emailed fundraiser invitation to major donors show he has been working on his Senate campaign for some time.

Heller said he “probably would not have announced for another couple of months” were it not for the scandal-plagued Ensign’s recent announcement not to seek a third term, confirming speculation about the timing of his own announcement to run for Senate.

Heller will not be holding a formal press conference, but instead will be talking to reporters one-on-one and doing numerous radio and television appearances in the coming weeks.

The Congressman would neither confirm nor deny whether he has had recent conversations with Lt. Gov. Brian Krolicki, Sharron Angle and/or other Nevada Republicans about their own possible senatorial ambitions — but of course he has, and those conversations will surely continue as we wait to see who else will try to become Nevada’s next senator.

 

 

 

 

Republican Assemblyman Accuses Democratic Senator Of Hijacking His Bill

By Andrew Doughman | 2:20 pm March 10th, 2011

CARSON CITY – Freshman Assemblyman Ira Hansen, R-Sparks, watched as one of his first bills was introduced on the floor of the Assembly Tuesday.

Hansen’s bill would establish a state grants coordinator to help Nevada apply for and win more federal grants.

A few hours later, Sen. David Parks, D-Las Vegas, stood at a lectern flanked by the American flag and the flag of the State of Nevada, and told a gathering of reporters about his bill.

Parks’ bill would establish a state grants coordinator to help Nevada apply for and win more federal grants.

The introduction of Hansen’s bill, Assembly Bill 243, was a matter of procedure. Parks delivered his speech under studio lights at a Democratic press conference attended by about a dozen journalists jotting down his words.

Parks’ proposal received press attention whereas Hansen’s bill did not.

“It’s either highly unusual timing or they thought it was a great idea and wanted to capture it for themselves,” Hansen said yesterday.

Parks said he was “totally unaware” of Hansen’s bill before Hansen e-mailed him yesterday.

Hansen said he had submitted his request for a bill November 4, 2010. He said it was an idea from the Sage Commission’s report, an underlined and annotated copy of which he keeps in his office.

He said he received the bill back last Friday and collected signatures from legislators of both parties Monday.

“They’re taking the political credit for it,” he said.

Gov. Brian Sandoval had earlier said he would like to establish a grant coordinator for the state.

Parks said he had his idea independently from Hansen.

“We see that sort of thing all the time here,” he said today after a Senate floor session. “There was absolutely nothing deliberate. I did not see that he submitted such a bill draft. …These things happen. As far as I’m concerned, it’s no big deal.”

Parks submitted his bill draft request on Valentine’s Day.

Parks’ bill draft request description states that the bill “makes various changes concerning solicitation and use of grants.”

Hansen’s bill draft request description states that the bill “creates the position of State Grants Coordinator within the Budget Division of the Department of Administration.”

Parks bill, Senate Bill 233, was introduced on the Senate floor today.

Parks said that these sort of duplications happen. He cited one of his own bills that Assemblyman Tick Segerblom, D-Las Vegas, introduced in the Assembly before Parks was able to introduce his.

Parks said that there may be “a little personal hurt” when something like that happens, but he hopes to reconcile Hansen’s bill with his own.

“Presumably, somehow along the way our bills will cross and we’ll work on the concept,” Parks said.

 

Freshman State Senator Shakes Up Mining Industry As Legislative Session Begins

By Sean Whaley | 9:21 am February 21st, 2011

CARSON CITY – Freshman Republican state Sen. Michael Roberson got a lot of people’s attention last week when he engaged in a brief but spirited line of questioning at a Judiciary Committee hearing with mining industry lobbyists.

On the job just one week, Roberson, R-Las Vegas, was trying to get information from the mining industry about their profits in Nevada. He was not satisfied with the answers, and said afterward the mining industry might be able to pay more in taxes, firing a shot across the bow of one the state’s most powerful industries.

Sen. Michael Roberson

Roberson, the only attorney on the Judiciary Committee and one of only two in the 21-member Senate, did not mince words with the industry lobbyists during a discussion of a measure to take away mining’s right to use eminent domain.

In an interview in his legislative office last week, Roberson said it is his job to get the answers, and he won’t stop until he does.

“What I wanted to know from mining, and I didn’t get a straight answer – how much money are the mining companies making here in Nevada,” Roberson said. “What’s their profit? I think that’s important for the people to know. And it was clear to me, the lobbyists for mining didn’t want to give me those numbers.”

Roberson says he is in complete agreement with GOP Gov. Brian Sandoval on the need to balance the next two-year state budget without a tax increase. But restructuring Nevada’s tax system to generate more income from mining while reducing the burden on small businesses, for example, is worth considering if taxes don’t increase overall, he said.

Watching Roberson take on one of the biggest players in the Nevada Legislature was an eye-opener for some observers, but should not come as a surprise. Roberson ran a tough campaign to unseat the better funded Democrat incumbent Joyce Woodhouse in the November election in District 5, paring the Democratic majority in the Senate to a single vote.

Bob Fulkerson, director of the Progressive Leadership Alliance of Nevada (PLAN), which has been pushing for a tax increase on the mining industry, said Roberson’s comments at the hearing, “broke the sense of entitlement the mining lobbyists swagger around with.”

“It was very refreshing to see a legislator from Nevada have the guts to expose mining’s sweetheart tax loopholes in such a forceful way,” he said. “It shows we make mistakes – me and PLAN, or anybody – it shows we can’t pigeon-hole lawmakers based on party and ideology.”

Roberson knows a bit about the mining industry, or at least its sometimes less appealing aftermath. Raised in Galena, Kansas, a small mining town with a population of 3,300, he saw the effects of mining on the community in the 1960s after the minerals had been extracted and the companies had left.

“It can’t help but color how I see things because in my formative years that’s what I grew up with,” he said. “And again, I’m not against mining. I’m not anti-mining. I think it is an important industry to our state, especially to the rurals, and I want mining to thrive here in Nevada.

“But it took many years before the EPA came in and finally cleaned up Galena. In fact I had already moved away by the 1990s.”

Galena is the name of a lead-based mineral that was also found here in Northern Nevada. Galena Creek in south Reno and nearby Galena High School share the same name.

Roberson said Galena itself was the poorest area of the state. On his campaign website Roberson describes himself as coming from “modest beginnings.”

After graduating from high school, Roberson attended the University of Kansas where he graduated in 1993 with a political science degree. He then attended the University of Kansas School of Law on an academic scholarship, earning his degree in 1996.

Roberson said he was inspired to get involved in politics with by the Republican takeover of Congress in 1994. He worked on the U.S. Senate campaign for Sam Brownback in 1996 and moved to Washington, D.C. in 1997, where he worked on Capitol Hill for then-House Majority Whip Tom DeLay. He then worked for a political fund-raising company named CAPTEL.

Roberson moved to Nevada in 2000 and is currently an attorney with the law firm of Kolesar & Leatham, Chtd.

Senate Minority Leader Mike McGinness, R-Fallon, said he first met Roberson at the GOP caucus meeting after the election and was impressed with his demeanor.

“He was not overly gabby but when he did talk, he was very thoughtful,” he said.

McGinness said Roberson’s line of questioning at the Judiciary hearing was appropriate, given the state’s budget situation.

“He went into the deep end of the pool right away,” he said. “He’ll do OK.”

Roberson, 40, said he enjoys serving in the Judiciary Committee and that the legislative process thus far is about what was expected. Roberson is also serving on the Natural Resources and Commerce, Labor and Energy committees.

“You never really know what it is going to be like but I guess this is generally how people described it to me before I got into this,” he said. “But I’m enjoying it. I really am.”

Being away from his wife, Liberty Leavitt-Roberson, a Clark County school teacher, and their two dogs, is one of the more difficult aspects of the job so far, but time away from family is part of the job description for a Southern Nevadan to serve in the Legislature in Carson City, he said.

“That’s the toughest part about this, I miss my wife, I miss my two little dogs, it’s tough being away from my family,” Roberson said. “It was tough not being with my wife on Valentine’s Day. But those are the sacrifices we make. We’ll be fine.”

While his comments on mining profits have garnered the most attention early in the session, Roberson said his legislative agenda includes reforms to public education and the collective bargaining process to try to drive down public employee salaries to make them comparable to the private sector.

Roberson said he wants a school choice program where parents can get a rebate for half the per pupil support to pick a private or public school or use the money for home schooling. It would require testing to show student achievement, he said. Roberson also wants a study of Florida’s school reforms to see which might work for Nevada.

Changes to collective bargaining are needed because the pay differential is 30 percent higher for public sector workers, he said.

“We’re never going to get control of this beast until we do something about narrowing that gap,” Roberson said.

His bills have not yet been introduced.

He would also support a change sought by Sandoval to change the public employee retirement system to a defined contribution plan for future hires.

But for now, mining is the hot topic for Roberson.

Richard Perkins, a lobbyist for the Newmont Mining Corp. and former speaker of the Assembly, said Roberson is thoughtful and asks good questions.

“But like any freshman legislator, Senate or Assembly, (he) is still trying to find his sea legs,” he said. “And the questions he asked this last week were a part of that process.”

The mining industry now needs to educate Roberson about the business and satisfy his concerns, Perkins said.

“His profile will more fully develop itself to all of us after that education occurs and we look at how he handles this specific issue,” he said.

Roberson said he does not yet know if the mining industry can afford to pay more, although he is inclined to believe the companies are doing OK.

“My general sense is mining is doing exceptionally well right now,” he said. “And I know for a fact small business in this state is on life-support.”

If that proves not to be the case, Roberson said he would not pursue a tax increase on the industry. But he wants the answers to the mining industry’s profitability in Nevada first and said he will get them.

Based on the exchange at the Feb. 14 judiciary hearing, the mining industry probably believes he won’t take no for an answer either.

Audio clips:

Sen. Michael Roberson says toughest part of job is being away from family:

022111Roberson1 :07 from my family.”

Roberson says it took long time for EPA to clean up his home town:

022111Roberson2 :17 by the 1990s.”

Roberson says he is not opposed to mining industry:

022111Roberson3 :16 here in Nevada.”

Roberson says he did not get a straight answer from mining on profits in Nevada:

022111Roberson4 :10 people to know.”

Roberson says mining lobbyists did not want to provide information:

022111Roberson5 :17 become more suspicious.”

Roberson says if restructuring of Nevada’s tax system makes sense and is revenue neutral, that is OK:

022111Roberson6 :08 open to discussing.”

Mining lobbyist Richard Perkins says Roberson’s questioning was part of his learning process as a freshman:

022111Perkins1 :10 of that process.”

Perkins says Roberson’s profile will become more clear after seeing how he handles the mining issue:

022111Perkins2 :08 this specific issue.”

States Rights Resolution Will Get Legislative Hearing

By Sean Whaley | 3:01 pm February 17th, 2011

CARSON CITY – A state Senate resolution telling Congress to respect Nevada’s right to govern itself under the 10th Amendment to the U.S. Constitution is expected to get a hearing, the chief sponsor said today.

Sen. James Settelmeyer, R-Gardnerville, introduced Senate Joint Resolution 6 on Wednesday. Cosponsors include all 25 Republican members of the Legislature.

Settelmeyer said the resolution mirrors one he and several other lawmakers sought in the 2009 session that did not get a hearing in the Assembly where he was serving at the time.

But Senate Government Affairs Chairman John Lee, D-North Las Vegas, said there is enough public interest on the issue to hold a hearing, and he has scheduled the measure for March 7.

The resolution, if approved, will be sent to Nevada’s Congressional delegation, and to the rest of Congress, asking that the federal government respect the right of the state to deal with those issues not under national control, Settelmeyer said.

This includes what is expected to be a costly mandate to the state to expand Medicaid coverage as a result of the passage of the Patient Protection and Affordable Care Act, he said.

Nevada is one of 26 states challenging the constitutionality of the act. The states recently won a victory in their challenge in a U.S. District Court in Florida.

“We have far too many edicts coming down from the federal government that we cannot afford,” Settelmeyer said. “They tell us to do stuff and give us no funding to do it with.”

The health care law is just one example, he said.

“This resolution again, is just mainly to state to our congressional representatives and to the U.S. Congress, that the Constitution is relevant and the 10th Amendment within the Constitution is extremely relevant as it pertains to its interactions with the states,” Settelmeyer said.

The resolution was not circulated among Democrats to sign on, although Assemblyman James Ohrenschall, D-Las Vegas, signed on to the similar Assembly Joint Resolution 15 in 2009.

Lee said he is having his committee legal counsel review the measure and the law so that questions raised during the hearing will get answers right then.

“I’m only going to have two bills that day instead of four or five so people have a chance to discuss it,” he said.

Audio clips:

Sen. James Settelmeyer says the federal government has issued too many edicts to the states:

021711Settelmeyer1 :08 do it with.”

Settelmeyer says the resolution will send a message to Congress:

021711Settelmeyer2 :15 with the states.”

Berkley Remains Noncommittal On 2012 Senate Bid

By Nevada News Bureau Staff | 7:41 pm February 15th, 2011

Democratic Rep. Shelley Berkley declined again today to commit to a race for the U.S. Senate in 2012 after poll results show Rep. Dean Heller with a commanding lead over incumbent John Ensign in a GOP primary.

Berkley, D-Nev., interviewed by Jon Ralston on his Face to Face television program, said the poll results from January commissioned by Heller showing him with a 15 point lead over Ensign should be no surprise to anyone.

Ensign has been suffering fallout from revelations of his sexual indiscretions with Cindy Hampton, the wife of his best friend and former senior staffer. The Senate Ethics Committee continues to investigate whether Ensign violated the law in attempting to resolve the matter.

“John Ensign knows he is in trouble,” she said. “He is trying to rehabilitate himself with the people of the state of Nevada, his constituents. And I don’t think this poll is a surprise to John.”

Berkley said if she decides to run for the Senate seat, she will not get to select her opponent.

“I think I will let the Republican voters in our state decide who their candidate is going to be,” she said.

The poll of 600 likely Republican primary voters showed Heller with 53 percent to 38 percent for Ensign.

Heller has indicated he is considering a run for Ensign’s seat.

New Senate Judiciary Chairwoman Not An Attorney But Says She Is Up To Challenge

By Sean Whaley | 5:07 pm February 8th, 2011

CARSON CITY – For the past nearly two decades, the Nevada Legislature’s Senate Judiciary Committee has been run by a lawmaker who was also an attorney in private life.

The committee, which hears a variety of bills dealing with civil and criminal law, is seen by many as one of the more important legislative panels and one where some legal expertise is considered to have value.

But the two most recent chairmen of the committee, former Sen. Mark Amodei, R-Carson City, and Sen. Terry Care, D-Las Vegas, both attorneys, were term limited out of the Senate for the 2011 session.

The job now goes to Sen. Valerie Wiener, D-Las Vegas, who is not an attorney but who has served on the Judiciary Committee since 1997. The only attorney on the seven-member committee for this session is freshman Sen. Michael Roberson, R-Las Vegas.

Wiener said her long service on the committee, her three years at law school and the legal knowledge she picked up from her father, an attorney for 55 years in Las Vegas, makes her ready for the challenge in her last term in the Legislature. Wiener will leave after the 2011 session due to term limits.

“This is my eighth session on this committee,” she said. “I love these issues. I’m passionate about equity and people’s rights.”

Wiener said the panel also has Sen. Mike McGinness, R-Fallon, as a long-time member, and two others who served on the Assembly Judiciary Committee before being elected to the Senate last year.

“So we have a lot of history here together,” she said. “There’s not an issue, we predict, that we haven’t had before that we’re not well prepared to handle,” Wiener said.

There is precedent for non-attorneys to chair the Legislature’s judiciary committees, but the last non-attorney to chair the Senate Judiciary Committee was then-state Sen. Dina Titus in 1991.

The Assembly Judiciary Committee was for years run by Bernie Anderson, D-Sparks, another term-limited lawmaker who served as a school teacher in his other life. It is being chaired this session by William Horne, D-Las Vegas, who is an attorney.

The Senate Judiciary Committee got down to work Tuesday at 8 a.m., hearing several bills and getting an overview of the activities of the courts from Supreme Court Chief Justice Michael Douglas.

Ben Graham, a long-time lobbyist at the Legislature who in past sessions represented the Clark County District Attorney’s office, said he has no doubts about Wiener’s ability to run the committee.

“Sen. Wiener has been on the committee for a number of years and has participated in the legal community, and I feel very comfortable with her experience and background and her willingness to research to handle the job,” he said.

Graham, who is now representing the Administrative Office of the Courts, said: “Sen. Wiener has always taken a real interest, and I know, as you can even tell form the questions today, on fairly simple bills, she’s done her research.”

Audio clips:

Senate Judiciary Chairwoman Valerie Wiener says she has always been interested in legal issues:

020811Wiener1 :05 and people’s rights.”

Wiener says the committee is ready to handle any issues that arise:

020811Wiener2 :04 prepared to handle.”

Lobbyist Ben Graham says he has no questions about Wiener’s qualifications for the job:

020811Graham1 :16 handle the job.”

Graham says Wiener does her homework:

020811Graham2 :08 done her research.”