Decision upsets Gates camp

Jeff Schweers

Monday, Jan. 26, 1998 | 10:44 a.m.

Attorneys for Clark County Commissioner Yvonne Atkinson Gates spent the weekend debating whether to appeal the state Ethics Commission's finding that Gates violated two of its rules in relation to her business dealings.

"We're disappointed, very disappointed in the outcome," Kathy England said after Friday's ruling against Gates capped two full days of testimony by gaming officials, leasing agents and attorneys.

"The ethical violation they found is that she is not allowed to call and inquire about legitimate business opportunities," England said.

The commission voted 5-1 that Gates used her political position to seek an "unwarranted privilege" for herself and business partner Ed Nigro when she asked several casino owners about leasing space on their properties.

The commission also voted 4-2 that Gates "misled by omission" by not telling the Ethics Commission in September that she had talked to other casino owners about the venture and had asked about leasing space.

Gates was given a verbal reprimand and was advised to be more careful in any future business dealings to avoid even the appearance of a conflict of interest.

What bothered most ethics commissioners was that Gates didn't tell them of her involvement in talking to the hotel executives.

"If you had done that we could have given you more guidance on what commissioners can and cannot do," Ethics Chairwoman Mary Boetsch said. "By not telling us, it doesn't put you in violation of our rule, but it may be politically foolish."

Ethics Commissioner Helen Chisolm said she was "opposed to the entire process." Chisolm reminded the panel that Gates had come before them voluntarily and that she had "given us all the information we needed for the question at the time."

"Everything that has come up since then is totally irrelevant," Chisolm said.

Gates had asked for a hearing before the ethics panel to get a ruling on when she should disclose her lease with the MGM and when she should abstain from voting on gaming matters.

The panel had told her to abstain from all MGM matters and disclose every time a gaming issue came before the County Commission.

Boetsch admitted she had a hard time making up her mind, at one point saying that Gates may not have actually violated the ethics code, but should have known better than to call casino executives herself.

"This is not the biggest case of the century," Boetsch said.

The panel had put a lot of stock in testimony from Primadonna Resorts Chairman Gary Primm, who had said he was uncomfortable that Gates had approached him.

The Rev. Jesse Scott, past president of the NAACP and former chairman of the Nevada Equal Rights Commission, said the only crime Gates committed was forgetting that she was black and female.

"She didn't realize she couldn't do what the good old boys do," Scott said.

On the same day, the Ethics Commission declined to investigate whether County Commissioner Bruce Woodbury used his position to help a friend get a lucrative airport lease two years ago. The panel agreed, however, to look into what role former and current aviation directors Bob Broadbent and Randy Walker played in helping secure the lease for Gary Naseef.

The panel also declined jurisdiction over whether County Commissioner Erin Kenny violated ethics rules by voting in favor of a contract that benefited some of her husband's investment partners in a medical center.