Lawyer for Malone calls ethics chairwoman unfair

Friday, June 26, 1998 | 3:59 a.m.

and Denise Cardinal

The attorney for Clark County Commissioner Lance Malone today accused the chairwoman of the Nevada Ethics Commission of being "unfair."

Don Campbell charged that chairwoman Mary Boetsch has allowed "snarling questions, rabid verbal punches and snide remarks" throughout the three-day hearing.

The ethics panel is trying to decide whether Malone, County Commissioner Myrna Williams and County Commission Chairwoman Yvonne Atkinson Gates violated ethics codes by not disclosing their personal ties to several people before voting to award them concession leases at McCarran International Airport's new D Concourse.

The probe is also looking into whether the commissioners used their political influence to help the people get the concessions.

The people are:

* Michael Chambliss, a city planner who has known Gates for 17 years and who was paid $50,000 over three years for political consulting on her behalf, is part owner in Jet Coyote gift shop and a Harlan Barbecue restaurant.

* Judy Klein, a friend of Willams' and former assistant to lawyer and political fund-raiser Frank Schreck, is partners with Vicki Richardson in JV Ventures, which received two coffee shop locations.

* Gay Reber, who is majority shareholder in GRR Group, which won two cart concessions, one for food and one for gifts. Reber is the daughter-in-law of a long-time business associate of Commissioner Lorraine Hunt, who had similar charges dismissed last month.

Campbell did not disguise his feelings as the ethics hearing continued this morning.

"If I appear to be angry, I am sorry," Campbell said. "I am angry."

Campbell said Boetsch, a Reno lawyer, should be "ashamed" of herself.

Boetsch gaveled the hearing to an abrupt recess after fellow commissioner Helen Chisolm chastised Campbell. During the break, Campbell reiterated his concerns about Boetsch.

"This is a done deal," he said. "I don't think she has been fair from day one."

Campbell was upset that the commission had called a witness hostile to Malone on Thursday without giving Campbell an opportunity to be present.

The witness, Ann Zimmerman, a deputy attorney general, testified that she applied for a D gate concession and received guidance for the application process from Malone. She also said Malone had reviewed and kept her resume.

Her testimony flies in the face of Malone's previous statements made at earlier hearings where he said he wasn't aware of the selection process for concessionaires and that he didn't know the background of any of the applicants.

After the recess, Boetsch told Campbell that he had plenty of notification of Zimmerman's testimony and didn't ask that her appearance be delayed.

Boetsch accused Campbell of being "unprofessional" and engaging in "character assassination" for the benefit of the media covering the hearing.

Zimmerman was expected to be recalled on Saturday so Campbell could have a chance to cross-examine her.

When testimony resumed Friday, Malone's brother, Mark Malone, and his sister-in-law, Melody Malone, testified about their aborted efforts to obtain a D Gate concession.

Both testified that their attempts caused bitter arguments with Lance Malone, who did not believe it looked good for them to be pursuing the business.

At one point, Melody Malone broke into tears and indicated in hindsight she wished she never would have gone after the concession.

Another witness, LaRae Wallace, described the political process she went through in her unsuccessful bid to obtain a juice stand concession at the airport.

Both Wallace and her lawyer, Doug Driggs, testified they were told by airport officials that they needed to personally lobby the commissioners if they wanted to win a contract.

Wallace said she met with Malone and Commissioner Bruce Woodbury prior to last August's vote on the concessions, but still came up short. Wallace's husband is related to Woodbury.

Wallace said she found out the day of the vote from Driggs, a former law partner of Woodbury's, that she had lost out.

Several times during the hearing Friday, lawyers for the three commissioners attempted to point out factual errors in investigative reports summarizing interviews with the witnesses.

In testimony on Thursday, Clark County Manager Dale Askew said he was just doing his job when he gave Aviation Director Randy Walker a list of names that Clark County Commissioners would like to see get the contracts for food and gift concessions in the D Concourse.

He told the commission that he was just trying to prevent any potential conflicts between the elected officials and Host Marriott -- the company that would be making the decisions on who the contracts were awarded to.