McCarran concessions contracts receive OK

Adrienne Packer

Wednesday, Nov. 18, 1998 | 11:11 a.m.

In their motion to approve concessionaires at McCarran International Airport on Tuesday, Clark County commissioners once again stumbled upon ethics issues that have caused much turbulence in the past.

The same controversial Disadvantaged Business Enterprise (DBE) subleases that landed Commission Chairwoman Yvonne Atkinson Gates and Commissioner Lance Malone in the middle of a state ethics probe were up for final approval.

This time, Gates and Malone abstained because their acquaintances were still on the list of concessionaires.

But Commissioners Mary Kincaid and Bruce Woodbury approved the subleases even though their longtime friend, prominent political consultant Sig Rogich, was a partner in one of the businesses.

Two months ago, Kincaid and Woodbury abstained from a vote on a multimillion-dollar golf course along the Strip because Rogich was a partner with one of the three applicants.

Rogich is also a partner in Planefair Inc., a subleasee approved Tuesday for McCarran's new D-gate terminal. The managing partner in Planefair is Kathleen Morris, the eldest daughter of Bob Broadbent, who ran the airport for 11 years.

Woodbury said Tuesday night that he did not realize Rogich had a role with the company and that Rogich's name did not appear on the packet of information that accompanied the agenda item.

He said he was told of the situation by Gates after the Clark County Commission meeting Tuesday morning.

"I just wish somebody had told me about that earlier," Woodbury said.

Woodbury and Kincaid sent letters to County Manager Dale Askew on Tuesday evening, saying that they were unaware of Rogich's involvement and that their votes should be changed to abstentions.

"Mr. Rogich's name was not listed anywhere on the agenda item or backup documentation," the letter reads. "The chairwoman of the Nevada Commission on Ethics has previously indicated that I should abstain from voting on such items because of my personal relationship with Mr. Rogich."

Administrative Services Director Thom Reilly said the district attorney recommended that the subleases be reconsidered during the County Commission's Dec. 1 meeting.

At that time, Kincaid and Woodbury can abstain on the Planefair Inc. contract and vote on the remaining 14 contracts.

John Hanks, assistant director for communications at the airport, said Tuesday night that the subleases were placed on the consent agenda -- in which a number of items are approved with one swift motion -- because they were up for final approval.

The initial approval of the contracts last year is what sparked the well-publicized state ethics probe that eventually found Gates and Malone in violation of ethics laws. The two were charged with using their positions to help acquaintances land contracts at the airport.

District Attorney Stewart Bell ruled in July that the airport contracts do not fall under a statute that says government contracts agreed upon in violation of the law are voidable. Therefore, he said, voiding them would have resulted in lawsuits against the county.

"There would have been more legal ramifications if they did that," Hanks said. "It would not have been legal to void those contracts."

Hanks added that even with four abstentions on Tuesday's five-member board -- Commissioners Myrna Williams and Lorraine Hunt were absent -- Erin Kenny's sole vote would have been enough to approve the contracts. He said it would have been recorded as a unanimous vote.

Ethics questions involving the airport are expected to be cleared up as soon as the county-assembled ethics task force submits its new policy recommendations to the County Commission.

During a task force meeting last week, the group suggested that the two master concessionaire companies -- Host International and W.H. Smith of Nevada -- select and negotiate contracts with concessionaires.

The commission's only involvement would be to approve the master concessionaire's list, which would greatly reduce the risk of conflicts.

Applicants would not be allowed to lobby commissioners during the bidding process and, if they did, their proposals would be dropped from consideration.

The recommendations are expected to be submitted to the County Commission by next year.