Guinn unveils ethics suggestions

Tuesday, March 16, 1999 | 11:29 a.m.

CARSON CITY -- Gov. Kenny Guinn unveiled his recommendations today on overhauling the Nevada ethics law. Among his suggestions are increasing penalties, enlarging the state Ethics Commission and requiring it to issue speedy decisions.

The commission would grow from six to eight members and it could hire an executive director to supervise investigations and set up hearings. The commission also would have an attorney to advise it and write opinions.

Currently, the commission has a one-person clerical staff and a deputy attorney general part time.

The executive director would review the results of investigations and make recommendations to two commissioners, who would determine if there was "just and sufficient cause" to proceed further. The commissioners would rotate. The two commissioners could not be from the same political party.

Their decision would have to be made within 30 days from the time the complaint was filed or an opinion was requested. And if cause is found to proceed, the case must be completed in another 30 days. Delays are authorized up to 30 days for a good cause.

In some instances, resolutions of cases before the six-member commission have taken more than a year. Many involved have complained that decisions were unclear and contradictory.

Guinn's suggested maximum fines of $5,000 for the first offense, $10,000 for the second and $25,000 for subsequent offenses.

Also, after a public official's third violation, the commission would be required to start proceedings to remove that person from office.

With one exception, any fines would have to be paid from the personal assets, not from campaign contributions. But Guinn's recommendations would allow fines for violations of the "truth in campaigning law" to be paid from campaign contributions.

The Nevada Assembly has already passed a bill to strip the Ethics Commission of policing false campaign statements. That bill is in the Senate.

Guinn also wants to increase criminal penalties for violations of the code of ethics to felonies.

Guinn's recommendations would clarify the law and require a public official to disclose personal relationships on issues before a governmental unit, such as county commission. But the official would not be required to abstain unless the relationship involved a relative, member of the his household, employer or unless there is a "substantial and continuing business or personal relationship."

Guinn also wants the ethics commission to be more helpful. It would conduct training on ethic laws and regulations for any government that asks. It could charge a fee for this.

There would be a manualto guide public officers and employees.

To help pay the cost of the expanded commission and its duties, there would be a $30 fee for political candidates when they file for office.