Atkinson Gates call irks ethics panelist

Cy Ryan and Adrienne Packer

Monday, June 5, 2000 | 11:28 a.m.

CARSON CITY -- State Ethics Commissioner Bill Flangas fears the public might believe the panel is soft on ethics violations following its recent decision to drop an appeal to the state Supreme Court in the case of County Commissioner Yvonne Atkinson Gates.

Fighting the common perception that the Ethics Commission is a toothless board, Flangas said "this commission is not a rubber stamp" on cases involving the misconduct of public officials.

Flangas was disappointed his colleagues opted not to pursue their case against Atkinson Gates, who the board found violated ethics laws after she added the names of two political allies to a list of applicants for profitable airport concession space.

Atkinson Gates never disclosed her relationship with Michael Chambliss and Judy Klein, both of whom helped with her campaigns for county commissioner, before voting for them.

Flangas said there is overwhelming evidence of "blatant, arrogant cronyism and greedy financial lust" on the part of Atkinson Gates.

Atkinson Gates' attorney Dan Polsenberg today referred to Flangas as a "throwback to the old way of thinking."

"His comments are indicative of the old Ethics Commission," Polsenberg said. "They honestly thought it was their job to decide what was right and what was wrong and render judgment accordingly. The Legislature says what the law is, and the Ethics Commission is now following that law."

The commission ruled against Atkinson Gates in 1998 but never imposed a fine, saying the violations were not willful. Atkinson Gates sued to overturn the decision, and visiting District Judge Jerome Polaha ruled that five sections of the old ethics law were unconstitutional.

Polaha also said the commission improperly engaged in "ad hoc rule-making" by expanding the definition of people whom a public employee or official cannot assist or favor through their position or vote.

The ethics law was changed and strengthened by the 1999 Legislature.

Flangas dissented May 25 when the Ethics Commission decided to withdraw its appeal of Polaha's decision. He stressed he's not critical of his fellow commissioners for their vote to end the case.

He praised the commission and legal counsel Nancy Varnum for their action "to bring closure to this legal morass of legal ambiguities, and expensive, fruitless, never-ending appeals and counter appeals."

But in a statement Friday, Flangas said Atkinson Gates' "respect for the public trust is conspicuously absent."

Flangas said Atkinson Gates has another lawsuit pending against the Ethics Commission in a case involving her effort to get a daiquiri concession at Strip hotels. She told him she will not pursue that case until after the November election, Flangas said.

Flangas said he doesn't fault the actions of the former Ethics Commission, which was underfunded and understaffed.