Federal ruling releases state ethics complaints

Monday, July 8, 1996 | 11:59 a.m.

CARSON CITY -- The lifting of the veil of secrecy over the state Ethics Commission has revealed a plethora of citizen complaints.

A federal court ruled last month that complaints to the Ethics Commission about public officials could not be kept confidential. In the past, the public did not know about a complaint unless the public official in question agreed to its release.

The record shows scores of complaints have been made since the beginning of the year.

For instance, the upcoming Rocktoberfest, a car event in Las Vegas similar to Reno's Hot August Nights, has prompted two requests to the ethics board for opinions.

Marie Hutton of Las Vegas wants to know whether Sen. Bill O'Donnell, R-Las Vegas, has a conflict of interest since he is promoting the event. O'Donnell chairs the Senate Transportation Committee, so he has a say in funding for the state Department of Motor Vehicles and the Nevada Highway Patrol and helps write the laws concerning car dealerships.

"We the community feel he is in direct conflict in his position as senator," Hutton says. "Especially in that these agencies are involved in his 'for profit' automotive event."

O'Donnell says there's no ethics violation. "What possible conflict could there be?" he asks. "I don't know where this is coming from. But we will address it when it's raised." The complaint has not yet been served on O'Donnell.

Hutton says he should step down as senator or the event should be for charity "as last year's event was originally intended to be until Sen. O'Donnell demanded payment when the event was over."

The Ethics Commission hasn't decided whether it will take jurisdiction.

Meanwhile, Donna Wadey-Howell, chief of registration for the DMV, wants to know whether one of her employees is violating ethical standards by asking for and receiving a $1,000 check from a car dealer that is regulated by the agency.

An internal investigation into the conduct of Inspector Jim Sohns of the Bureau of Enforcement cleared him of any violation of department policy. But Wadey-Howell wants an opinion from the ethics panel.

Sohns last year solicited a donation from Gus Merhi, owner of Bargain Auto Sales, for the Rocktoberfest last September. Merhi said he was told the celebration would help his business.

The Ethics Commission has set July 19 in Las Vegas for hearings on two other cases:

Ellen Nelson of Common Cause wants to know whether Dianne Steel violated the law when she resigned as an assemblywoman and took over as chief of staff for Lt. Gov. Lonnie Hammargren.

The law says a legislator may not take a job in a government agency for which he or she voted to raise the salary. The job in Hammargren's office was boosted to $39,000 in 1995 but Steel was not a member of the Assembly Ways and Means Committee that worked out the increase. But she did vote on the bill when it reached the floor.

Steel says she resigned her legislative job first and then as a private citizen took over in Hammargren's office. She also said the job was "not a civil office of profit" as the law refers to. And she said if there's a question, it should be taken to the District Court, not the Ethics Commission.

Steel said she received opinions from the state attorney general's office and the Legislative Counsel Bureau that she was eligible to accept the post.

Steel is now running for Clark County Family Court, Department G.

Also on July 19, the commission will consider the request of open government advocate Ande Engleman to look at the case of Nevada Gaming Commission Chairman Bill Curran.

Curran initially had presided over the disciplinary case involving Las Vegas casino executive Ted Binion. But then he disqualified himself, saying he had a conflict of interest but did not reveal what it was.

Engleman said Curran's refusal to give a full disclosure is in conflict with the state law.

Engleman also has a complaint on file against the Reno City Council and City Manager Charles McNeely for soliciting and getting private funds to hold a retreat at Donner Lake, Calif.

She cites the law that says a public officer or employee "shall not accept any salary, retainer, expense allowance or other compensation from any private source for performance of his duties as a public officer."

The Greater Reno-Sparks Chamber of Commerce, among others, donated money. That case will be heard in August in Reno.