Ethics bill approved

Tuesday, June 1, 1999 | 11:49 a.m.

CARSON CITY -- A bill that restructures the state Ethics Commission and increases the penalty for errant public officials was approved by the Legislature Monday.

The Senate and Assembly, without dissent, adopted a conference committee report that increases the size of the ethics commission from six to eight; gives it a full-time executive director and attorney and sets deadlines for making decisions.

This was one of the top priorities for Gov. Kenny Guinn who campaigned on improving the ethics law, which was sharply criticized in the past year.

Guinn's first task will be finding a new chairman to succeed Mary Boetsch, who has asked not to be reappointed when her term expires this month.

During the Legislature, the bill was rewritten four times.

In its final version, it will require two-thirds of the commission, rather than a simple majority, to find that a public official guilty of misconduct.

The conference committee also said the lawyer for the commission will not work for the state Attorney General's Office. At present, the commission's counsel is employed by Attorney General Frankie Sue Del Papa.

The present law calls for a maximum fine of up to $5,000 for an official found guilty of misconduct by the commission. The bill provides the $5,000 remains for the first offense but increases to $10,000 for a second violation and $25,000 for the third.

To prevent the delays that accompanied many cases in the past, the new law requires the complaint be investigated and decided within 60 days.

The procedure is changed. The executive director will examine a complaint to determine if there is sufficient cause to go forward. Then a panel of two commissioners will decide if there is enough evidence to merit a full hearing.

Those two steps must be completed in 30 days. Then the remaining six commissioners must hold a hearing and make a decision within 30 days.

The chairman of the commission is given subpoena powers.

The final bill retained the power of the commission to rule if false statements have been made in a political campaign.

Assemblywoman Chris Giunchigliani, D-Las Vegas, had tried to repeal the 2-year-old law, which she said was unconstitutional.

The final conference committee did lower the maximum fine from $30,000 to $5,000 for a violation by a candidate for telling lies about his opponent.