Ethics panel issues warning on financial disclosure

Lisa Snedeker

Friday, Jan. 15, 1999 | 11:47 a.m.

Elected or appointed government officials -- from legislators to town cemetery board members -- are being put on notice by the state Ethics Commission: file those financial disclosure statements or pay the price.

Slightly more than 200 candidates or appointed officials out of the 4,500 in the state didn't make the May 28 deadline. While some who filed late paid the penalty, others filed late but have not paid. Still others have failed to file their statements altogether, according to Louis Ling, deputy attorney general and counsel for the commission.

"One hundred and fifty people haven't done anything," he said.

About 64 of those who have not filed their statements have asked for waivers, Ling said. Others have resigned from their positions, but Ling said they are still responsible for filing a statement.

"Many of the small board members threatened to resign," he said. "It got ugly. There were lots of calls to the governor."

The fines are supposed to escalate at a rate of $100 a day, but Chairwoman Mary Boetsch said because the commission had a question for the attorney general's office concerning the commission's right to waive or cap fines depending on circumstances, collection efforts have been in limbo.

The commission decided the fines should be held in abeyance from the point the commission sent its request to the attorney general and officials receive a third and final notice from the commission concerning their fines.

That means that rather than owing close to $20,000, the maximum fine for failing to file a financial statement up to this point is a few thousand dollars.

The penalized candidates were sent letters July 9 stating that they were delinquent.

Ling said he will have a list compiled of all the delinquent candidates, including those who have asked for a waiver and their justification, and present it to the commission at its next meeting. The commission directed him to write a stern letter giving officials a last chance to file before facing a civil lawsuit.

This is the first year the commission had the authority to impose civil fines. In years past it was a misdemeanor to fail to file or to file late.

"A whole lot of people are used to blowing us off, but now we have the authority to impose fines," Boetsch said.

The law was changed, Ling said, because the criminal penalty was not enforced "and, therefore, (the law was) without practical effect." The intent is to assure compliance.

Among those who could be facing maximum fines for not filing a financial statement are David Sheffield of Elko, who is president of the state Board of Education; Michael and Mary Ann Amador, who both ran for the Republican nomination for lieutenant governor; Robert Lueck, who was elected District Court judge in Clark County, and former Las Vegas Assemblyman Marion Bennett, who ran for the office again.

Of the total, more than 30 delinquents are from Clark County, some of whom have requested waivers.

They include Kelvin Atkinson, Tony Badillo, Steven Bergstrom, Richard Bonard, Lewis Byer, Tom Chickory, Alan Dicicco, Darryl Glover, Ian Hirsch, Christopher Kindred, Tom Kirkpatrick, Pamela Kroesber, Troy LaMana; Gary Leavitt, Jack Levin, Judi Lynn, George "Mac" McLaine, Travis McNevin and Stephen R. Minagil.