Lawmaker’s Army Leave Under Scrutiny

ST. LOUIS —  The Pentagon opened an investigation Friday to determine whether it was proper for a lawmaker deployed with the Army overseas to return home to cast the decisive vote allowing Missouri residents to carry concealed guns.

A Pentagon directive states that no member of the Armed Forces on active duty “may hold or exercise the functions of a civil office,” including state government posts.

Earlier this week, state Sen. Jon Dolan was granted an unusual leave from his active-duty post as a public affairs officer in Guantanamo Bay, Cuba, so he could vote on several hotly contested issues at the state capital in Jefferson City.

Dolan, a National Guardsman, had not been deployed with the Army long enough to accrue leave but his commander gave him a six-day pass. Dolan’s vote gave his Republican colleagues the two-thirds majority they needed to override the governor’s veto of the concealed-gun bill.

Hours before Dolan voted, the commanding officer of the Missouri National Guard called him to inform him of the Pentagon directive, which was issued in 1990 and again in 2000.

“He was told ... that an active-duty officer is not allowed, while on active duty, to hold any office more prominent than the local school board,” said Jamie Melchert, a spokesman for Brig. Gen. Dennis Shull.

Dolan said he was aware of the directive and had spent some time studying it before requesting his leave. He said he was confident it did not apply to him because he had only been on active duty for about two weeks.

He said he thought the restriction did not kick in until a soldier had been deployed for at least 270 days.

The directive -- 20 pages of bureaucratic jargon -- refers to that 270-day window in its fourth appendix. The appendix specifies that the ban on holding political office applies to Army officers who are “under a call or order to active duty for a period in excess of 270 days.”

Dolan’s orders called him up to active duty for 365 days. He said, by his interpretation, he shouldn’t have to give up his legislative office until his 271st day on duty.

He blamed his political foes for trying to “explode my military career” by calling attention to the directive.

The Pentagon policy does not explicitly say, but seems to suggest, that an elected official should resign when called to active duty.

Dolan could face a reprimand or other disciplinary action when he returns to his post at Guantanamo Bay on Monday.

A Defense Department official would say only that “this matter is being looked into by the proper authorities.”

“I’ll find out on Monday whether I get a slap on the wrist or papers to walk,” Dolan said.

But even if he was found to have violated Pentagon policy, Dolan’s vote -- and the concealed-gun law -- will stand.

A spokesman for Democratic Gov. Bob Holden said he did not anticipate any challenges to the legitimacy of the veto override.

Missouri citizens should be able to start applying for permits to carry concealed weapons next month.