August 13, 2024, Oral Arguments

Burke vs. Nev. Comm’n on Peace Officers’ Standards and Training

Las Vegas – 1:30 p.m. – Herndon/Lee/Bell

Walker vs. Walker

Las Vegas – 2:00 p.m. – Herndon/Lee/Bell

Pub. Employees’ Ret. Sys. Of Nev. vs. Las Vegas Managers and Supervisors Ass’n

Las Vegas – 3:00 p.m. – Herndon/Lee/Bell

Burke vs. Nev. Comm’n on Peace Officers’ Standards and Training

Docket No. 86435

Las Vegas – 1:30 p.m. – Herndon/Lee/Bell

This is an appeal from a district court order denying a petition for a writ of mandamus.  Nye County Sheriff’s Office hired Burke as a deputy sheriff.  Upon completion of the police academy, the Nevada Commission on Peace Officers’ Standards and Training (POST) declined to issue a certification to Burke because he had been decertified in Oregon for the use of excessive force.  Burke sought a writ of mandamus from the district court.  He now appeals the district court’s denial of the petition for a writ of mandamus, arguing that NAC 289.200(1) requires POST to issue him a certification.

Walker vs. Walker

Docket No. 86548

Las Vegas – 2:00 p.m. – Herndon/Lee/Bell

This case involves a retirement benefits dispute.  In 2002, the parties divorced and executed a QDRO.  During the marriage, Egan worked as a deputy district attorney and earned PERS retirement benefits.  A QDRO was executed that secured Laura a 50% interest in the PERS benefits that accrued during the marriage.  The QDRO also designated Laura as an Option 2 beneficiary.  Post-divorce, and after Egan remarried, Egan was appointed to the district court bench, converted his PERS account into a JRS account, and designated his current spouse as an Option 2 beneficiary.  Contemplating retirement, Egan discovered that PERS and JRS only allow for a single Option 2 beneficiary.  To remedy the apparent issues, Egan asked the district court to amend the QDRO to designate both Laura and his current spouse as Option 2 beneficiaries or, in the alternative, designate Laura as an alternative payee in the amount of the proportional to the benefits earned during their marriage and designate his current wife as the Option 2 beneficiary.  After a hearing, the district court ordered that (1) both Laura and Egan's current spouse be designated as Egan's Option 2 beneficiaries, (2) Laura receive 50% of PERS benefits accrued before divorce, and (3) Laura is not entitled to any of Egan’s JRS account.  Laura now appeals and asks this court to reverse the district court order and instruct the district court to enter an amended QDRO to secure her interest in Egan’s JRS account.

Pub. Employees’ Ret. Sys. Of Nevada vs. Las Vegas Managers and Supervisors Ass’n

Docket No. 86818

Las Vegas – 3:00 p.m. – Herndon/Lee/Bell

Appellant has a constitutional obligation to govern the Public Employees’ Retirement System in Nevada. Respondents, certain collective bargaining associations, are afforded the power to negotiate holidays for its membership and recently did so, entering into a collective bargaining agreement designating Christmas Eve, New Year’s Eve, and Juneteenth as holidays. Appellant has refused to require additional “holiday pay” contributions for these negotiated holidays based on its own definition of “holiday.” This case requires the court to reconcile two related statutory provisions.