Building officials solicited business

Adrienne Packer

Friday, Jan. 21, 2000 | 11:12 a.m.

An investigative report released Thursday says Clark County building officials used county time, spent thousands in county funds and solicited businesses they regulate to support a nonprofit organization.

Now what's left to determine is: Was that unethical behavior?

The Nevada Ethics Commission convened in Las Vegas Thursday afternoon to decide whether building officials violated ethics laws when they conducted work for the International Conference of Building Officials (ICBO) on county time.

Thursday's hearing was bungled from the outset. Some parties involved in the complaint were told the meeting was to be continued until March and others were told it would occur as planned.

As a result, the defendants had their witnesses available and the complainants did not. Therefore, the hearing was not completed Thursday and was scheduled to continue this morning.

Clark County Building Department Director Robert Weber, Assistant Director Ron Lynn and Gregory Franklin and Gary Houk, both assistant managers of the inspections division are being investigated.

The complaint against them was filed by resident Robert Rose and UNLV ethics professor Craig Walton.

Walton and Rose contend the managers violated a state law that says public employees cannot solicit from individuals if the action could be seen as an attempt to improperly influence them.

They also argued that using taxpayers money to benefit themselves through the ICBO -- a nonprofit organization whose members include officials in the construction industry -- was unethical.

"The reason you are in this public position at the county is because the public is saying we have a job to do and we're giving it to you to do," Walton said.

The investigative report, which was written by the Reno-based Advantage Group, says the county's paper, envelopes, postage and other mailing supplies were used to promote the ICBO's Educode conference. The event is held to teach industry professionals about the newest building codes.

In addition to the supplies, brochures for the 1998 Educode conference were printed by a private company, and the $6,000 bill was forwarded to the county. The 1999 pamphlets were printed by the county printer for $1,200, the report says.

Weber's attorney, Stan Parry, argued that soliciting funds and using county time does not pose a conflict of interest because the public benefits from the building inspectors' education.

He called three witnesses -- Irene Porter, the executive director of the Southern Nevada Homebuilders Association; Steve Holloway, the executive vice president of the Association of General Contractors and Michael Bouse, the building and safety director for the city of Henderson.

Each witness emphasized the importance of the ICBO and said none of their employees have ever felt bullied by county officials asking for money during inspections.

Bouse said the city of Henderson has no problems with building employees using work time and materials to promote ICBO events. In fact, he said the city reimburses him for ICBO luncheons -- news that made the county defendants look around in wonderment and jokingly glare at their boss.

"Hey, we're all in this together," Bouse said of the organization.

Bouse's testimony hardly discouraged Walton and Rose. In fact, Walton said had he known of Bouse's experience in California, he would have called upon him himself. Bouse said in California, if the cost of printing ICBO materials was significant, the organization picked up the tab.

Walton guaranteed his witnesses today would counter the rosy picture painted by Parry on Thursday.

He claims to have contractors and engineers who felt pressured to donate to the ICBO because the solicitations took place just before their project was to be inspected. He said inspectors will testify they felt uncomfortable asking for money.

Walton also said county administrators, including County Manager Dale Askew, will explain that after word of the building inspectors behavior became public, the county's own policy was changed.

The ethics hearing was scheduled to continue today at 10 a.m. in the Grant Sawyer State Office Building.