Ethics battle over NLV constable race postponed

Lisa Snedeker

Monday, Dec. 7, 1998 | 11:09 a.m.

Steve Bergstrom will have his day in front of the Ethics Commission, but it won't be until mid January.

Technical difficulties thwarted Friday an attempt by the former Republican candidate for the North Las Vegas constable's office to bring a complaint of unethical campaign practice against his opponent and a staff member.

Bergstrom, who lost his bid to incumbent Democrat Herb Brown, is seeking a commission hearing of his complaint against Brown and his campaign manager, Mark Kincaid.

Ethics Commission Chairwoman Mary Boestch, who was in Reno with the majority of the commission Friday, delayed the hearing after the conference call was interrupted twice because of bad weather in Reno.

Bergstrom's complaint centers around a flier Brown's camp printed and distributed a few days before the Nov. 3 election. The flier stated that Bergstrom had no qualifications for the post and that Brown was the only qualified candidate for constable.

"I'm 100 percent qualified," Bergstrom said, citing the 1998 candidates' guide, during his testimony.

Brown countered that the flier was in response to one Bergstrom had distributed earlier in the campaign that did not state any of his qualifications.

"The only thing I regret on my flier is that I should have said none listed," Brown said, referring to Bergstom's qualifications. "I was not looking at minimum qualifications when I did my flier."

The flier in question, which stated Brown's qualifications, had the word "none" in bold letters to describe Bergstrom's education and training.

Kincaid said when he tried to research Bergstrom's background he was unable to substantiate Brown's opponent's qualifications.

Boestch said Brown's flier would lead a reasonable person to believe Bergstrom was not qualified to hold the constable position. Brown added that was not his intent.

Kincaid said after the hearing he believes Bergstrom has a vendetta against his family because his mother, Clark County Commissioner Mary Kincaid, voted to appoint Brown over Bergstrom following longtime constable Lou Tabat's resignation from office in April.

Bergstrom said he does not have a vendetta. He only wants to be a part of "good government for North Las Vegas."

If found guilty of an ethics violation, Brown faces a fine of up to $10,000. If it is proven the flier was derogatory and distributed within 10 days of the election, the commission could impose a civil penalty of up to $30,000.

Bergstrom, on the other hand, could face a fine of up to $5,000 if it is determined he filed the complaint maliciously, according to the Ethics Commission.

According to the Clark County Elections Department, the only qualifications a candidate for constable must meet are: he must be at least 18 years old, have lived in the township for 30 days and have kept the same party affiliation since Sept. 1, 1997.

Bergstrom, who said he met all the qualifications, added his education includes attending several college and that he has a background in law enforcement that includes POST-certified training in California where he served as a police officer in Santa Rosa in the 1970s.

This is not the first ethics complaint Bergstrom has filed over the constable position.

In July, he filed a complaint alleging Mary Kincaid, who is Mark Kincaid's mother, made certain Brown landed the appointment despite knowing her son was working on Brown's election campaign for the post. Kincaid insisted she did not know her son would be running Brown's campaign, and the Ethics Commission dismissed the complaint in August.

The commission will hear Bergstrom's complaint at its Jan. 14-15 meeting in Las Vegas, Boestch said.