City says candidate Miller breaking law

Erin Neff

Thursday, March 25, 1999 | 11:08 a.m.

A candidate for Las Vegas City Council who has been the most vocal critic of public officials for alleged improper behavior is himself now under scrutiny for unlawful use of the city's seal in his campaign material.

Steve Miller, a candidate for City Council in Ward 1, displays the city's seal at the top of his campaign website in what the city attorney's office has decided is an unlawful use.

The municipal code states: "It is unlawful for any person to use the seal or the official flag of the city in any reproduction, facsimile or colorable imitation thereof with intent to mislead or defraud."

Deputy City Attorney John Redlein said there are only three reasons Miller would use the seal in campaign material.

"No. 1, it's a souvenir from his prior employment with the city," Redlein said, referring to Miller's 1987-1991 term on City Council. "No. 2, his wish list came out a little early this year, or No. 3, it's intended to suggest an affiliation between his campaign and the government of the city of Las Vegas.

"Numbers one and two are silly and No. 3 violates the municipal code," Redlein said.

But Miller said he will not stop using the seal and disregards the city attorney's office stance.

"I think that their opinion is ridiculous and the person that has such an opinion should go back to law school," Miller said. "We the public own the seal and should be able to display it as often as possible."

Mayor Pro Tem Michael McDonald, who is seeking re-election to Ward 1, was not aware of his opponent's website until the Las Vegas Sun mentioned it.

McDonald's campaign manager, Rick Henry, said neither McDonald nor the campaign would comment on the matter.

"It's up to the city to decide," Henry said.

Miller, who lost a bitter race for mayor in 1991, has since filed two ethics complaints against Mayor Jan Laverty Jones. Both cases were thrown out for lack of evidence.

In fact, the Nevada Ethics Commission fined Miller $2,500 for filing frivolous complaints.

Jones has alleged Miller was behind six other unfounded complaints that cost her $70,000 in attorney fees and negative headlines.

Miller denies his involvement in the other complaints but still has a libel suit pending against Jones stemming from a 1991 campaign mailing incident in which he alleges Jones misled the public to believe he was involved in illegal drugs.

Miller contends he purchased a car for his daughter and that neither of them knew about a questionable vial containing white powder found hidden in the car.

In that case, the state Supreme Court ruled this past December that Miller could proceed with his libel case. Justice Charles Springer said Jones' last-minute campaign ads made Miller sound like the drug-soaked Hunter Thompson in "Fear and Loathing in Las Vegas."

So is Miller guilty of a similar misleading tactic with his use of the seal?

Redlein says absolutely, and that Miller is guilty of a misdemeanor punishable with up to a $1,000 fine.

Miller says the complaint will only lead him to use the city seal and the image of City Hall more frequently in future campaign material.

"I've always used the city in my mailers and I've received similar complaints and thumbed my nose at them in the past," Miller said.

He also said he holds himself to "much higher standards" than those he alleges other city officials have employed.

He said he will begin advertising his website (SteveMiller4LasVegas.com) today by affixing a sticker with its address on all of his campaign signs around town.