Wednesday, March 19, 1997 | 11:59 a.m.
Two North Las Vegas Police officers testified on department time against an Assembly bill that would require future North Las Vegas municipal judges to be attorneys.
It seemed innocent enough at the time, speaking as representatives of the Police Officers Association. The union, however, was simultaneously backing one of its own in the upcoming election for municipal judge.
And that, according to Mayor James Seastrand, was against the city's charter. The officers were paid duty time, not union time, and were, therefore representing the department and not the union, he said.
They spoke Feb. 7 at the Sawyer State Office Building. Their testimony was seen by state lawmakers in Carson City via a videoconferencing system.
The North Las Vegas City Council sought Assembly Bill 69, which would change its city charter and require law degrees for municipal judges. The Assembly passed the bill March 10, it was read on the Senate floor March 12 and forwarded to the Senate Government Affairs Committee, a Senate clerk said.
Homicide Detective Warren Van Landschoot, who does not have a law degree, is running for municipal judge.
"They have one of their own policemen running for office," Seastrand said. "A police officer can't act politically. It is against the city charter for police officers to work while on the job on election or political campaigns."
Seastrand sent a memo to City Manager Linda Hinson about the issue, claiming the "officers testified against the City Council's policy of requiring the qualification of being an attorney" and asked what the city was going to do "to discipline these employees who publicly were insubordinate and disloyal to the city's policy."
Seastrand said Officers Dave Galyen and Mike MacBan testified and spoke under false pretenses when the union at the same time was backing Van Landschoot for judge. Galyen is vice president of the Police Officers Association, and MacBan and Landschoot are members.
Hinson replied that "no action is required" because then-Police Chief Alan Nelson notified Hinson of the officers' actions before they testified. In a second memo dated March 14, Hinson wrote that each fiscal year MacBan receives up to 400 hours to conduct union business, according to the 1995-98 union agreement. Galyen receives 300 hours each year.
Nelson, who retired Tuesday after being arrested Friday on a drunken driving charge, excused the officers for four hours and paid them, Seastrand said.
The mayor said he plans to pursue the matter with the city manager because it's "really bugging me. They're not supposed to be paid when they're campaigning."
Sam Smith, president of the North Las Vegas Police Officers Association, argued that it is a negotiated item in the POA's contract so officers may conduct union business, and that Seastrand needs to be "educated" on the matter.
"The mayor has signed five contracts, and it's clear in the contract that union officers have negotiated rights to conduct union affairs," Smith said. "It has nothing to do with the detective filing for judge. It was all done aboveboard and according to the rules."
Seastrand, however, claims it's against the city's charter, as stated in the police officer's bill of rights section.
"If any peace officer desires, he may engage in political activity when off duty and out of uniform," the charter states.
The officers were on duty and lobbying against the bill, not campaigning for Van Landschoot, Smith said.
Van Landschoot has also opposed AB69.
"If the people want an attorney, they can elect one," he said last month. "I have to know the law as well as an attorney does to do my job."
Las Vegas and Reno are the only Nevada cities that require their municipal judges to hold law degrees.
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