Las Vegas Sun

November 15, 2009

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McDonald’s fate rests in hands of ethics panel

Thursday, Dec. 21, 2000 | 11:01 a.m.

The Las Vegas Ethics Review Board will have at least three options available for consideration today as the members mull the political fate of City Councilman Michael McDonald.

Local attorney Frank Cremen, who has been serving as special counsel to the review board, said Wednesday he would withhold specific comments until this afternoon's board meeting.

"I am just going to give them several options," Cremen said.

After a lengthy hearing last month, the review board determined McDonald violated city ethics laws twice as a result of his actions related to the Las Vegas Sportspark and the Sig Rogich tavern license issue.

But how the board should "punish" McDonald for his behavior is the question.

The appointed board members could decide to do nothing, claiming their original vote in November was punishment enough.

But at that meeting, some board members were so offended after hearing the testimony, they asked Cremen what options they had.

"I think he should cease and desist being a councilman," board member Eileen Brookman said at the time.

One way the board can cause that very thing to happen is by filing a criminal complaint in the city's Municipal Court. Cremen would likely prosecute that case, seeking conviction of a misdemeanor for violation the city's laws.

If McDonald is found guilty, the charge carries with it immediate removal from office.

The ethics board could also decide McDonald's actions show he misused his office and thus should be removed from office for malfeasance.

Cremen could file a malfeasance petition in District Court, which by law must be acted upon within 30 days.

The board determined McDonald broke ethics laws when he tried to broker the sale of the financially strapped Las Vegas Sportspark to help his boss, Larry Scheffler, out of a bad investment.

Several witnesses, including Mayor Oscar Goodman, Councilman Larry Brown and City Manager Virginia Valentine, testified that McDonald made numerous attempts to get the city to buy Sportspark.

In McDonald's defense, several witnesses, including Crazy Horse Too owner Rick Rizzolo and the Rev. Dave Casaleggio, testified McDonald was simply interested in the park to host a charity softball tournament.

In the second case, McDonald was found guilty of breaking ethics law by working behind the scenes to scuttle a tavern license request.

City surveyors testified McDonald asked them to conduct field measurements to determine if Rogich's building was too close to other taverns and schools. The ethics board also heard testimony about a church, run by Rizzolo's sister, that opened just 219 feet away from Rogich's building just two days before the council vote.

Resident Bob Rose, who filed the complaint against McDonald, attended Wednesday's council meeting, at which the Rogich issue again was raised.

Rose is preparing his case before the Nevada Ethics Commission, which will consider the complaint in February.

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