Breast feeding banned in Storey County offices?

VIRGINIA CITY -- Mothers who want to breast-feed their babies will have to do so outside the workplace if employed by Storey County, commissioners decided Monday.

But the Storey District Attorney's Office may openly defy their edict.

Citing liability issues, Storey County commissioners voted Monday to establish a policy that forbids county employees from keeping their children with them while working.

The vote was initiated after Jessyca Hoaglund, a legal secretary for Storey County District Attorney Janet Hess, wanted to breast feed her two-month-old infant at work.

Commission Chairman Greg "Bum" Hess said the workplace is not designed for children and injury is a significant concern. He conceded that there are no preschools in Virginia City, but there are babysitters.

"I feel it's disruptive," he said "If we allow children in the workplace, we set a precedent."

But Deputy District Attorney Sharon Claasen said the commissioners' vote has no credibility.

"It seems to be the opinion of other legal offices that the vote has no effect," she said. "The commissioners are saying she's a county employee, but they neither hire nor fire, so that opens all sorts of issues.

"Right now we're treating it as a non-decision. I called Jessica and told her to come to work and bring the baby."

Storey County's four-person District Attorney's Office employs two full-time assistants. Hess and Claasen work part-time.

"We keep both assistants busy answering phones, putting cases together and getting subpoenas out," Claasen said Monday. "Right now, we're extremely busy. Last week, we finished successfully contesting a petition to stop a recall vote and we have a jury trial tomorrow. The horse-killing trial is set for Jan. 7 and a child molester case is set for the end of January."

Despite the challenges the office faces, Commissioner Chuck Haynes argued that allowing one parent to have his or her child in the workplace could ultimately lead to problems.

"I have major concerns about showing prejudice to others who may not have opportunity to have their baby with them," he said. "If we allow one baby and then, for the sake of obvious safety concerns deny another, there could be a constitutional question. I do this reluctantly. In a perfect world, we could allow this."

Commissioner Bob Kershaw argued that Hoaglund is employed by the county, not the district attorney.

"I talked to Janet (Hess) and understand the bind she is in," he said. "But she is a county employee and we are responsible. I see no other alternative."

Hess was not present for the debate, but Claasen argued that liability for this child is not an issue because it has been waived.

"It is not within the purview of the Board of Commissioners to tell a county official how to run their office," she said. "We run our office as we see fit. The baby is not a liability and whether or not this works for other individuals depends on the job."

Hoaglund would like to keep the baby in the office for about three months, according to Claasen.