Changes considered for Ethics Commission

Thursday, Aug. 27, 1998 | 10:53 a.m.

CARSON CITY -- The state Ethics Commission, which has gained more power and achieved a higher profile with its investigation into the conduct of elected officials in Clark County, may be facing some changes.

At least two state legislators -- Sen. Joe Neal, D-North Las Vegas, and Assemblywoman Barbara Cegavske, R-Las Vegas -- don't like what they see and have asked that bills be drafted to alter the makeup of the commission.

"What I'm looking at is the problems ... some of this is getting personal," said Cegavske, who declined to identify specific cases. There's an appearance, she said, that some of those accused of misconduct may have friends on the Ethics Commission.

Neal says he doesn't think the Ethics Commission has worked too well because "the commission has not been able to do anything with the wealthy guys that appear before it."

Neal, a Democratic candidate for governor, said "we have to make sure the necessary teeth are in the law to deal with those who utilize government positions to enrich themselves or their friends."

Cegavske has asked the staff in the Legislature to look into the possibility of trading ethics commissions with another state. He reasoned that would insulate the panels from personal ties with those accused.

"I wanted to look at a different approach," Cegavske said. The idea is only in the preliminary stage to see if it's feasible, the first-term lawmaker said.

The Ethics Commission is composed of six members -- three who are appointed by the Legislative Commission, which must include one former legislator, county official and one former city official. The other members are appointed by the governor who must name a retired Supreme Court justice or judge as one one of his appointees.

Neal wants to expand the commission to seven members. His proposed bill would take away from the governor and the Legislative Commission, one of each of their appointments. His proposal calls for Clark, Washoe and the 15 rural counties to each appoint one member as a representative on the commission.

"It's an even number now and we want to make sure we get a clear decision," said Neal, who added that he wants to make sure a decision is made by a majority of the commission members, not just by those present at a particular meeting.

Neal referred to the decision of the Ethics Commission on the case of Las Vegas Mayor Jan Laverty Jones who is opposing Neal in the Democratic primary election for governor.

The commission recently voted 3-0 to clear Jones of charges of misconduct. But half of the commission was not present. Commissioner Mario Recanzone was sick; Commissioner Joni Wines abstained because she was a friend of Steve Miller who filed the complaint; and Helen Chism's term had expired and a replacement had not been named.

Jones has been investigated for ethics violations seven times with each complaint being dismissed. After the last hearing earlier this month, Jones said, "I think we need very clear guidelines. If you're trying to second guess at every moment, it becomes very difficult to operate."

Earlier this month, Clark County Commissioner Bruce Woodbury said some of the decisions made by the Ethics Commission have created uncertainty in the minds of elected officials. He asked for clarification on whether the commission was requiring a higher standard than the law when it comes to declaring conflicts of interest when voting.

A few years ago, the commission was considered a paper tiger. It has now taken on new influence, partly because of its no-nonsense chairwoman Mary Boetsch and its handling of such headline cases as Jones, Clark County Commissioner Yvonne Atkinson Gates and Las Vegas Constable Bob Nolen.

The 1997 Leg-is-la-ture strengthened the definition in the law where the commission could impose a penalty and it gave the commission the job of policing political campaigns.

The first hearing on the election dispute is set for today on a complaint by former state Treasurer Ken Santor against his opponent Brian Krolicki over radio and newspaper advertisements.

The commission's power was also enhanced in the law that requires high government employees, elected officials and board members to file financial disclosure statements. In the past it was a misdemeanor to be late submitting these documents but violators were never prosecuted. The 1997 Legislature changed the law to impose automatic fines when the reports are late. In some cases this year, penalties amounting to thousands of dollars have been levied.