I see a solider
god bless them all
August 19, 2004
Hawaii Guard says lawmaker can’t serve while on active duty
HONOLULU — State Rep. Tulsi Gabbard Tamayo will not be able to serve in the legislature while she is on active duty in Iraq, according to Hawaii National Guard officials.
A judge advocate general assigned to the Hawaii National Guard reached the conclusion based on an Aug. 2 Defense Department directive, said spokesman Maj. Charles Anthony.
“It seems as though once you’re on federal active duty ... for 270 days or longer, you cannot act in dual capacities,” Anthony said. “In other words, you can’t be an elected official and a soldier at the same time. That’s our read on it.”
But Tamayo, 23, who was activated Monday along with some 2,000 members of the Hawaii Army National Guard and Reserves, said she believed the directive may apply only to full-time, active-duty military and not members of the National Guard.
Tamayo had volunteered to leave the Hawaii Army National Guard’s medical command, which is not being deployed at this time, for a unit being deployed that provides medical support for the 29th Separate Infantry Brigade.
She said she was surprised by the National Guard’s interpretation of the directive and will seek legal counsel.
“The situation seems very confused,” Tamayo said in a written statement.
“What (Maj. Anthony) told me contradicts what I was told previously, so I can’t comment on the matter until I speak to them and get my own counsel to look at the matter. I’ve paid a lot of attention to this to make sure my constituents are well-served and have been working closely with House Speaker Calvin Say, and I still believe that things can be worked out.”
Tamayo said she will continue her campaign for re-election in the 42nd House District that includes Ewa and Waipahu. Three other Democrats and one Republican also are seeking the seat.
If Tamayo is re-elected, she will be in Iraq during next year’s legislative session and probably part of the 2006 session.
It does not apply to reservist and national guard...once you’re on federal active duty ... for 270 days or longer, you cannot act in dual capacities
Unless they are on active duty. Seems pretty clear. If you are only going to drills and AT then there is no clonflict. But if you go on active duty orders . . . then you are in a federal position.