State, local teachers at odds

The Nevada State Education Association's decision to join a lawsuit challenging the use of nine Las Vegas casinos as Democratic caucus sites may have fractured its relationship with its largest local affiliate.

Ruben Murillo Jr., vice president of the Clark County Education Association, distanced the local organization of public school teachers from the lawsuit on Wednesday. The decision to sue was a state action taken without the knowledge of local union leadership.

"CCEA was not involved in initiating the lawsuit," Murillo said Wednesday. "It was done without our input."

For that reason, CCEA is directing all calls and complaints on the action from Clark County teachers to the state organization.

"We've heard from members who are concerned about it," Murillo said. "And while we usually support the NSEA in its actions, this is a little hard. I think whenever a big decision like this is made, you need to get in touch with the locals."

The lawsuit pits two of the largest unions in the state against one another: the NSEA, a 28,000-member group of teachers and education support staff that has not officially endorsed a presidential candidate, and the Culinary union, a 60,000- member group that endorsed Barack Obama two days before the lawsuit was filed in federal court. The at-large caucus precincts are intended to serve resort shift-workers, who make up the Culinary's membership.

NSEA President Lynn Warne, named as a plaintiff in the lawsuit, said she takes full responsibility for the decision to join the lawsuit. She said she made the commitment late Friday after consulting with staff and representatives of association leadership.

When asked if anyone from Clark County was included in the discussion, Warne declined to elaborate.

"I'm not comfortable talking about it," Warne said.

Warne said the NSEA's participation in the lawsuit is about fairness -- hundreds of school custodians who are part of NSEA have to work at school caucus sites on Saturday and won't have a chance to participate themselves. Shift workers in Reno also don't have access to at-large caucus sites, Warne said.

"I believe this is the best avenue to relief for our members to be able to caucus," Warne said.

The lawsuit claims the caucus structure violates the voters' right to "one man, one vote" because delegates assigned during the at-large caucus will be based on attendance. Delegates at traditional caucuses will be based on the number of registered party members.

But David Damore, a political scientist at the University of Nevada, Las Vegas, said the host party is permitted to set up the caucus structure as it pleases.

"This is a closed party affair; they get to make their own rules," Damore said. "To invalidate them (at-large caucuses) would cause a big ol' brouhaha."

Nevada Sen. Harry Reid fought to move the Nevada caucuses up so that voters would play a more important role in the presidential selection process. Damore said if a federal judge rules against the at-large caucus, Nevada's relevance would take a back seat to the controversy.

"That would become the story of the caucus," Damore said. "I don't think that's what Harry Reid had in mind."

Warne said she didn't even know about the at-large caucus sites until last week. But new court filings submitted Wednesday by attorneys for the Democratic Party of Nevada allege that other plaintiffs in the lawsuit not only knew about the at-large sites, but supported them.

In an affidavit, Travis Brock, executive director of the Nevada State Democratic Party, said minutes of a March 31, 2007 meeting of the State Central Committee show that plaintiffs John Birkland, Vicky Birkland, John Cahill and Dwayne Chesnut voted in favor of the draft delegate selection rules.

"It is my statement that at no time did any of the plaintiffs object to this plan prior to the week before the caucus," Brock said in a sworn statement. "In fact, many of the plaintiffs voted in favor of approving these at-large caucuses that were clearly stated to operate under the very conditions they are just now objecting to."

The teachers union fears that because of the way the at-large precincts are weighted, heavy turnouts there would allow participants to earn more delegates than those at traditional caucus sites.

Eric Herzik, chairman of the Political Science Department at the University of Nevada, Reno, said caucuses were never designed to reflect a one man, one vote process. He said the teachers union is playing a late-game "dirty trick" because the Culinary union endorsed Obama.

"The teachers union is trying to limit voting. They're saying, 'We, as teachers, believe in voting unless you aren't on our side,'" Herzik said. "It's bad for the party, bad for the teachers union and bad down the line. The timing just stinks."

John Hunt, chairman of the Clark County Democratic Party, said he supports the lawsuit's position because "it's just the right thing to do."

He said he doesn't support any candidate over another, but: "It's about the integrity of our vote and knowing that when we cast our vote it will be counted fairly."

Hunt said he was not present when the rules were made. He acknowledged he should have read them earlier, "but if something's wrong, it's wrong. You can't save your butt and your face at the same time."

U.S. District Judge James Mahan is scheduled to determine this morning whether it is unconstitutional for the Democratic Party to accommodate shift workers on the Strip and not afford the same convenience to non-Strip voters who must work during the caucus.

"It is perfectly possible that the court will deem that a doctrine of laches applies, meaning if you could have voiced your claim by doing it at the last possible moment, you are prevented from stopping it," said Nathaniel Persily, a professor at the Columbia School of Law. "They may simply say it is too late in the day to make this argument."

What remains to be seen is whether the lawsuit will have ramifications that stretch beyond the caucus.

The NSEA is currently pursuing a petition to increase the state gaming tax by 3 percentage points to support public schools. The gaming tax is now at 6.75 percent.

If the association can collect 58,628 signatures by May 20, the proposal will qualify for the November ballot. The Nevada Resort Association and Las Vegas Sands are combatting the petition in the Nevada Supreme Court.

When asked if she was concerned about whether the lawsuit would cost her the support of other unions, Warne said it was her understanding that the Culinary union had already come out in opposition to the initiative.

D. Taylor, secretary/trea-surer for Culinary Local 226, said that's not the case.

"We haven't said a word about it," Taylor said Wednesday.

The AFL-CIO has come out in opposition to the plan.

Like Warne, Taylor said he is attempting to protect the voting rights of his membership, which is largely minority. The lawsuit is jeopardizing their opportunity to participate in the process and is creating confusion about the caucus process. Democrats shouldn't be trying to disenfranchise other Democrats, Taylor said.

As for the impact the lawsuit will have on relations between the NSEA and the Culinary, Taylor said his group supports public schools.

"I don't think anything is more important than making sure kids get a good education," Taylor said.

Review-Journal writer Molly Ball contributed to this report. Contact reporter Lisa Kim Bach at lbach@reviewjournal.com or (702) 383-0287.