Reese files suit against ethics panel

Bill Gang and Erin Neff

Thursday, June 3, 1999 | 11:25 a.m.

Las Vegas City Councilman Gary Reese has filed a District Court challenge hoping to overturn the finding by the state Ethics Commission that he improperly voted against a proposed fish restaurant opposed by a friend.

The petition for judicial review filed May 26 alleges the Ethics Commission abused and exceeded its authority and committed a variety of unspecified legal errors in chastising Reese.

The legal action, filed through attorney Harold Morse, also contends the commission's conclusion of unethical conduct by Reese "was clearly erroneous in view of the evidence on the whole record."

Reese is asking District Judge Mark Gibbons to reverse the commission's decision and to declare the state law authorizing the Ethics Commission unconstitutional.

He also is seeking to recoup legal expenses of fighting the ethics charges.

In April 1998 Paseo Partners applied for a special use permit with the city to build Nick's Fishmarket at Sahara Avenue and Paseo Del Prado. The half-acre site proposed for the restaurant was in front of a multistory building in which BankWest was the primary tenant.

BankWest President Larry Woodrum, who has gotten his hair cut at Reese's barbershop since 1963 and describes himself as a friend of the councilman's, said he went to the shop to tell Reese about his concerns over the restaurant.

According to the transcript of the May 11, 1998, council meeting at which the vote took place, Reese disclosed that he had a close friend at the bank and had both personal and business accounts at the bank.

The council denied the special use permit on May 26.

Reese did not disclose that Woodrum had discussed the restaurant at his barbershop nor that he had a personal loan of $12,000 with the bank. When Reese met with Deputy City Attorney Steve George before the vote, he did not mention Woodrum's visit to his shop.

Reese told the Ethics Commission that Woodrum visited him before the May 26 vote and said, "Gary, we'll still be friends no matter how you vote on this project."

Reese was found guilty on Aug. 14, 1998, by the Ethics Commission of a nonwillful violation for voting against the fish restaurant.

Reese has claimed that he was relying on the advice of city attorneys when he disclosed the friendship, then voted.

In the opinion, dated April 19, 1999, the commission states Reese acted in good faith, but should have abstained because of his relationship with Woodrum.