CARSON CITY, Nev. (AP) - The Nevada Supreme Court threw Reno’s mayoral race wide open Thursday, saying City Council members prevented from seeking re-election because of term limits cannot run for mayor and serve on the same governing body.
In a 5-2 decision with statewide ramifications, justices granted a petition by Reno businessman and mayoral candidate George “Eddie” Lorton, who argued constitutional term limits imposed by voters in 1996 ban termed-out council members from serving as mayor because all are part of the same governing body.
The court’s decision nixed the announced candidacy of the two front-runners, former Councilwoman Jessica Sferrazza and current Councilman Dwight Dortch. Both have been raising money and organizing campaigns.
Two others, current Councilwoman Sharon Zadra and former Councilman David Aiazzi, also were contemplating mayoral runs but were disqualified by Thursday’s ruling.
“I think it’s always intimidating to go up against the status quo,” Lorton’s attorney, Stephanie Rice, said after the decision was released. She said she hoped the ruling would encourage others who may lack political connections and financial backing to jump in to the race.
“We’ve always been very confident in our position, and to see it play out is of course very exciting,” she said.
Justices noted the scope of the ruling goes beyond the city of Reno and that Lorton’s lawsuit presented “an issue of statewide importance” in other municipalities where the mayor serves as a member of a city council.
One such city is Henderson, where Mayor Andy Hafen has served 22 years on the City Council, 10 of which came after term limits kicked in. Hafen was elected mayor in 2009 and re-elected last year.
During oral arguments in January, lawyers for Sferrazza and Dortch argued that the office of mayor was distinctly different from that of council members.
Justices disagreed.
Writing for the majority, Justice James Hardesty said when term limits appeared on the ballot, voters were told that the purpose was to “stop career politicians.”
“With regard to city council members, prohibiting re-election to the ’local governing body’ as a whole is in line with this goal, given that a local government body may be made up of members who represent different wards and thus arguably hold different offices, but whose roles are essentially the same.”
The opinion also noted that under Reno’s City Charter, the mayor acts as a voting member of the council and has no administrative duties. Reno’s charter is different from that of Sparks, where the mayor doesn’t vote and acts as the head of Sparks government for all purposes.
“While the Reno City charter may assign additional duties to the Reno mayor, none of those added duties change the equality of all of the members of the city council,” the opinion said.
Justices Nancy Saitta and Ron Parraguirre dissented, saying the mayor’s role is different from council members.
“Quite significantly, the mayor alone is charged with protecting the public peace and suppressing riots,” Saitta wrote for the minority. It added that the city charter authorizes the mayor to declare emergencies and take “immediate protective actions” such as establishing a curfew, barricading streets and redirecting funds for emergency use. The mayor also appoints some commission and committee members.
“These duties are among those that set the mayor apart from the six city council members, establishing the office of mayor as a separate and distinct.”
Sferrazza issued a statement, saying she was disappointed by the decision but “my love for Reno and my commitment to helping our community grow and prosper remains strong.” She said she would continue to work to better the city and quality of life for residents.
“I don’t have to be in public office to keep my pledge to you,” she said.
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