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Sep. 15, 2005
Copyright © Las Vegas Review-Journal


EDITORIAL: Richard Perkins and the Hatch Act

A ringing endorsement of the ruling class

Administrative Law Judge William G. Kocol is impressed with Henderson's elaborate efforts to keep Deputy Police Chief Richard Perkins in compliance with the Hatch Act. In fact, he's so impressed he envisions it as a model for allowing public employees to work in multiple branches of government.

The Hatch Act prohibits those who oversee federal funding from engaging in partisan political activity. Enacted to protect federal worker bees from being forced to participate in re-election campaigns, it also prevents bureaucrats from accumulating too much power by managing federal tax dollars in one job and getting their hands on more public money in an elective office.

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Deputy Chief Perkins is better known as the speaker of the Nevada Assembly and a Democratic candidate for governor. So Police Department and city employees have spent considerable time over the years figuring out how to keep federal grants and funding away from Mr. Perkins' supervision. The federal Office of Special Counsel investigated and determined that Mr. Perkins' political activity violated the Hatch Act, and he appealed.

On Tuesday, Judge Kocol rejected the finding by the Office of Special Counsel and gave his blessing to Mr. Perkins' simultaneous service in both executive (police) and legislative branches of Nevada government. And he praised the city of Henderson for making sure Mr. Perkins can do so.

"Instead of discounting these efforts, public employers should be encouraged to devise programs that seek to achieve compliance with the Hatch Act while retaining full constitutional freedoms for state and local employees," he wrote in his decision.

Judge Kocol's perspective is flawed. As the good judge sees it, more agencies should re-task part of their work force to ensure their colleagues can not only carry out public services and policies, but create them as well. Who cares about the pernicious ramifications? It's not his money.

At the very least, some might argue Henderson taxpayers would be better served by a police administrator who doesn't leave the office for five months every two years to serve in state government. But such reasoning ignores the lure of power.

And don't expect Henderson officials to question Mr. Perkins' arrangement. What mayor, city manager or police chief wouldn't want to have a legislative leader on their payroll?

Mr. Perkins was ecstatic with Judge Kocol's ruling, saying it affirms that police officers and firefighters can serve in the Legislature (as they already do). Never mind the Nevada Constitution's separation of powers doctrine, which clearly says they cannot.

Judge Kocol's ruling and recommendation are a slap in the face to the taxpayers he purportedly serves and yet another victory for the ruling bureaucratic class.




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