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NLV cops grilled over union affiliation

Friday, March 26, 1999 | 11:17 a.m.

Top officials in the North Las Vegas Police Department found themselves on the hot seat Thursday for the second time in so many weeks.

Rather than facing public scrutiny, they landed instead in front of the state Ethics Commission.

Chairwoman Mary Boetsch refused to comment on the closed hearing. But a source within the police department said the commission ruled unanimously that a request to determine if there had been an ethics violation within the North Las Vegas Police Association was not valid.

The request focused on Police Chief Joey Tillmon, Chief of Detention and Corrections Ken Ellingson and the deputy chiefs sharing the same insurance plan with nonsupervising officers within the department.

Listed on the sign-in sheet at the commission were Tillmon, Ellingson, Tim Ryan, Association President Dave Galyen and Cameron Vandenberg, with the state Department of Prisons.

And while the commission ruled it is not in violation of state ethics, not everyone says the police union is operating within state law.

Officer Mike Thomas, who is on paid leave from the department, has a lawsuit pending against the police union that charges the union is in violation of a state statute that prohibits a union from including both supervisors and rank-and-file officers within the same bargaining unit.

The union has filed a counter claim in Thomas' case, which is now in the discovery phase, according to his attorney, Victor Perri.

Thomas' civil lawsuit is one of three filed against the union, which has several complaints of its own pending against the city.

The union recently filed complaints with the state's Local Government Relations Board concerning the lack of puncture-proof vests for detention officers and lack of incentive pay for five supervisors that was approved in their 1995 contract. The union's first complaint, which is pending, was filed against the city for bargaining in bad faith over the police and detention officers' contract, which expired June 30, 1998.

Members of the police association have agreed to make plans to picket City Hall if they don't have a contract by April 14.

In another matter, the Ethics Commission also has decided to let elected or appointed government officials who serve strictly in an advisory capacity off the hook when it comes to filing financial disclosure statements.

During their January meeting, the commission said they were putting all government officials who had failed to file disclosure payments on notice.

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 their fines. Still others, about 150, failed to file their statements altogether.

Rob Bony, deputy attorney general and counsel for the commission, said the commission now is in the process of determining who would be exempt from filing a disclosure form.

For example, a town cemetery board member, who has no disciplinary or enforcement capacity, may be deemed exempt and removed from the commission's list.

"We need to fix the list," Boetsch said.

Bony said he also is reviewing letters from those who have not filed their statements who have asked for waivers.

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

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. The law was change to assure compliance.

On still another matter, Boetsch said she had nothing to say about an agenda item to discuss her resignation from the commission in June.

"I'm not re-upping in June," she said. "The governor will appoint my replacement."

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