Commissioner clears her name

Adrienne Packer

Wednesday, May 31, 2000 | 11:23 a.m.

It has been two years since Clark County Commissioner Yvonne Atkinson Gates was admonished by the state Ethics Commission for promoting and then voting for an acquaintance who applied for a lucrative airport contract.

Since the ethics panel's June 1998 decision, Atkinson Gates' battle to clear her name has been like a roller coaster: She won her lawsuit claiming the ethics statute was unconstitutional, only to have the ethics board appeal it.

Her ride formally ended late last week as she prepares for her campaign for a third stint on the County Commission.

The Ethics Commission decided Thursday to withdraw its appeal of a District Court ruling that the ethics statute Atkinson Gates was accused of violating was worded too vaguely.

Atkinson Gates' attorney, Dan Polsenberg, said he wasn't surprised by the ethics panel's decision and reiterated his stance on the case: If a statute prohibits a behavior but doesn't clearly state what the behavior is, it should be deemed unconstitutional.

"It's been obvious from the beginning that you couldn't read the statute, so Gates didn't violate it," Polsenberg said Tuesday.

Atkinson Gates' lawsuit against the Ethics Commission prompted the state to clarify ethics statutes that deal with when an elected official should disclose a relationship or abstain from a vote. The ethics board has also undergone personnel changes.

Polsenberg said the board's decision to withdraw its appeal shows that the changes made both to the laws and staff have been effective.

"This is a good indication of where the Ethics Commission is going," Polsenberg said. "They're directing their sights on what ethics laws are supposed to be rather than twisting them to apply where they don't belong."

However, members of the Ethics Commission said their decision shouldn't be misinterpreted as a vote in favor of Polsenberg's view of the case. And it shouldn't be misconstrued as condoning Atkinson Gates' actions.

"Whether the Supreme Court upheld the decision or overturned it doesn't much matter because the law has since changed," said Nancy Varnum, legal counsel for the ethics board. "It didn't make sense to commit our limited resources to the case."

The Ethics Commission's initial ruling dates back to 1998, when it determined that Atkinson Gates and fellow Commissioner Lance Malone violated ethics laws by voting for friends applying for concession space at McCarran International Airport.

The written findings attacked both commissioners, but never clearly stated when elected officials should disclose relationships or abstain from voting on issues that involve friends.

Although Atkinson Gates has been criticized for her decision, it had little effect on her popularity. None of her opponents in the upcoming election is considered a threat and Atkinson Gates is expected to easily win her race.