Suit hits Ethics Commission

Wednesday, Dec. 1, 1999 | 10:37 a.m.

CARSON CITY -- Political activist Sam Dehne says "citizens are being intimidated" by the law that allows the state Ethics Commission to impose fines against those who bring frivolous or false complaints against public officials.

"The Ethics Commission was created to protect citizens against government agencies. But it now protects government agencies against citizens," he said.

Dehne and the Nevada American Civil Liberties Union joined forces Tuesday in filing a federal court lawsuit in Reno to challenge the law, claiming it is unconstitutional.

"The job of the commission is to inquire into ethical violations by public officials, not to police the speech of the general public," Gary Peck, executive director of the Nevada ACLU, said.

He said this was the start of a broader legal attack on some other parts of the ethics law, such as the section that permits the Ethics Commission to fine political candidates who make false statements against their opponents.

Dehne of Reno says the Ethics Commission is overstepping its jurisdiction in punishing citizens, saying it is having a "chilling effect" on those who would ask the Ethics Commission to look into the activities of public officials.

Kenneth Rohrs, executive director of the Ethics Commission, said he has not seen the suit yet, but he said the commission is just following the law, which allows it to impose these fines. He said he intends to send a copy of the suit to each commissioner and will discuss the issue at their meeting Jan. 20-21 in Las Vegas.

Dehne was fined $5,000 for bringing a complaint against Reno Mayor Jeff Griffin, who was accused of using his position to further his business at the Reno-Tahoe International Airport. The complaint was dismissed. Dehne was fined but has refused to pay the penalty.

Former Las Vegas Councilman Steve Miller was penalized $2,500 for his complaints against former Las Vegas Mayor Jan Laverty Jones. He says he will never pay the fine.

Louis Overstreet, a retired civil engineer in Las Vegas, was fined $1,500 on grounds his complaint against Clark County School Board member Susan Brager was unjustified. The commission at its November meeting reduced that to $473.

Shari Compton, Steve Smith and Brooks Compton were all fined $5,000 for bringing a frivolous complaint against then-Clark County Commissioner Paul Christensen. They are appealing their fines through the courts.

The law allows the commission to assess a civil penalty of up to $5,000 against a person who "submits to the commission, in bad faith or with a vexatious purpose, an accusation or information that is false" or submits a request for an opinion "that the commission determines to be without merit, an accusation or information that is false. ..."

The suit names the commission and the individual commissioners.

Peck said he has nothing against the individuals but against "the institution and the law." The suit contends there is a violation of the constitutional right of free speech, due process and separation of powers.

The Ethics Commission, Peck said, is acting like a court in handing down fines. He said it didn't even provide "minimal fairness" to Dehne, who testified before the commission and was told to leave the room while Griffin told his side of the story. Dehne was then summoned to return and was informed he was being fined for filing a spurious complaint. He wasn't given a chance to defend himself.

"The Ethics Commission has an important role but not in acting as a court in adjudicating claims against citizens," Peck said. He said the ACLU "tried to resolve this at the Legislature but the elected officials were more concerned about politics than the constitutional and public policy issues."

The suit seeks preliminary and permanent injunctions striking down the law and enjoining the commission from imposing any fines. It also seeks attorney costs. The case has been assigned to senior U.S. District Judge Ed Reed.

Peck said the refusal of the Legislature to act is going to end up costing the taxpayer.