We are still moving forward with our efforts to illeminate the age stipulation in NRS 617.457 re: denial of workman’s compensation BENEFITS FOR volunteer firefighters due to cardiac incidents once reaching the age of 55 years. I will attempt to provide you with a brief overview of the proceedings since we last met.

Mike Heidemann

From the Desk of the Secretary:

 On 9/27/07 a civil rights complaint was entered in to the U.S. District Court citing age discrimination against volunteer firefighters in Nevada. This complaint was filed by the EEOC (Equal Employment Opportunity Commission) by their Regional Attorneys. The State of Nevada Department of Business and Industry, Clark County, and Sierra Nevada Administrators were named as defendants. The EEOC called for a jury trial demand. Among the charges were that since at least 1969 the defendants have engaged in unlawful employment practices within the State of Nevada in violation of Section 4(a) (1) and (2) of the Age Discrimination in Employment Act of 1967. The EEOC requests that the court grant a permanent injunction enjoining the defendants from engaging in any employment practices which discriminate on the basis of age and make whole all individuals adversely affected by these unlawful practices by providing affirmative relief necessary to eradicate the effects of its unlawful practices and grant such further relief as the Court deems necessary and proper in the public’s interest. On 12/28/07 the complaint was answered by the defendants and denied any wrongdoing based on existing state law and filed a motion to dismiss. On 1/11/08 the EEOC responded to the motion and opposes the motion specifically because the ADEA, as federal law, preempts contrary state law, defendants are liable for unlawful employment practices mandated by contrary state law. Title 29 U.S.C. 623 states – It shall be unlawful for an employer to fail or refuse to hire or discharge any individual or to otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s age. On 1/28/08 the attorney’s for Clark County filed a motion to dismiss stating that ADEA does not apply to state workman’s compensation laws. On 2/21/08 the court held a hearing on the motion to dismiss. The court considered all relevant documents submitted on this issue. Honorable Judge James C. Mahan, United States District Court Judge, having read and considered the briefs and arguments made by both parties, hereby denies Clark County’s motion to dismiss.
                        At this time, the next scheduled date is still to be determined. I have spoken with the attorney for the EEOC and she feels this decision is a strong indicator that the injunctive relief will be granted eventually. In the mean time we are taking a proactive approach. I have been in contact with several elected officials and a Bill Draft Request has been filed with the Legislative Council Bureau to change NRS 617.457. This was co-sponsored by Senator Joe Heck R. Clark County and Senator John Lee D. Clark County. I am also working with PERS to amend NRS 286.523 to allow a reemployment exemption for volunteer firefighters, therefore allowing volunteers to continue volunteering with no loss of benefits. WE are also supporting the State Fire Marshal Office in the efforts to pass Fire Safe Cigarette Legislation in Nevada. Please feel free to contact me at anytime if you have any comments or questions.
                      By the time the next “Pumper” is out I will have also visited with Harry Reid, John Ensign and Dean Heller re: national legislation supporting items such as volunteer job protection, tax deductions for volunteer firefighters and length of service award programs. Hope to see a huge turn out for the conference in Fallon. It is sure to be a great one, celebrating the 100th year of service to their community.

MICHAEL HEIDEMANN,      
Secretary], NSFA