Del Papa admits ethics laws prone to flaws

Saturday, Sept. 26, 1998 | 2:42 a.m.

In an opinion Friday, she also said public officials should not be prohibited from voting just because they got information from a friend or an acquaintance.

"We do not believe that the ethics in government law was intended to prevent government officials from seeking or receiving input from constituents who may also include acquaintances and friends," Del Papa wrote.

"Rather, the law tries to strike a balance wherein public officials must disclose certain outside interests and in some cases abstain from voting where their independence of judgement is materially affected."

Del Papa's opinion came in an 11-page letter to Las Vegas City Attorney Brad Jerbic, who in August expressed concern to the attorney general about a state Ethics Commission ruling against Councilman Gary Reese.

Reese on Aug. 14 was found guilty of a nonwillful violation for voting against a proposed fish restaurant that was opposed by his friend, BankWest President Larry Woodrum. Reese, relying on the advice of city attorneys, disclosed the friendship and then voted.

Commissioners said Reese's violation was unintentional because he consulted with attorneys and then disclosed it. But, they added, the councilman's relationship as he described it to the commission was stronger than the one he explained to city attorneys, causing what they called faulty advice.

Reese has appealed the ruling to District Court.