Review board rejects citizen’s complaint against McDonald
Friday, Sept. 22, 2000 | 11:17 a.m.
Retiree Bob Rose says the allegations he has made against Las Vegas City Councilman Michael McDonald are true, but according to city law that's not enough for the Las Vegas Ethics Review Board to hear his complaint.
For that to happen Rose must take an oath in front of a notary public, and since he hadn't done that before Thursday's board meeting, his complaint was vacated before McDonald could respond to Rose's allegations of misconduct in the possible sale of Las Vegas Sportspark.
"I'm just a layman who was coming in blind," Rose said. "I tried to abide by what the law said, but I didn't know it had to be notarized. I'll just continue to plunge along, and I'll get it notarized before I file it again."
The review board was ready to hear the complaint when Deputy City Attorney Larry Bettis explained that without the notary, in his opinion, the board lacks jurisdiction to hear the complaint and determine if there is enough evidence to conduct a full-fledged hearing.
After discussing the point the board voted unanimously to vacate the complaint that revolves around McDonald's alleged attempt to broker the sale of Sportspark to help his boss, Larry Scheffler, out of a bad investment.
The councilman did tour the Sportspark in May with Crazy Horse Too strip club owner Rick Rizzolo, but only to scout a location for a charity softball tournament, McDonald said.
Don Schlesinger, another Sportspark partner, said he thought the Scheffler led tour of the facility was for prospective investors.
McDonald, who attended Thursday's meeting along with attorney Richard Wright, said that he had hoped to proceed with the complaint.
"It's very frustrating, but I'm sure Mr. Rose will be back with this and then the truth will come out," McDonald said. "I'm anxious to have it heard, I just hope he can swear under oath that what he's saying is true."
McDonald added that he didn't lie about his alleged involvement in Sportspark, and that, "Several allegations Mr. Rose made are very false."
Board Chairman Earle White Jr. also questioned the way Rose organized his complaint, with just the one allegation about the Sportspark and the inclusion of several other questions, but no other specific allegations.
"The form this is in right now may well require us to put it in order," White said. "I don't think we can do the drafting job as well as hear the matter, and make a decision."
Among the questions Rose wanted the board to render an opinion on was the opening of the Church for Universal Life Enhancement. The church, run by Rizzolo's sister, opened just days before a council vote for a tavern license at a nearby building. The building was set to be sold to an owner who had plans to open a strip club that would compete for business with the Crazy Horse Too.
Because of the zoning laws and the proximity of the building to the church the license was denied, and Rose alleges McDonald played some role in the church's opening.
Rose's complaint included a copy of a contract prepared by Rizzolo's attorney, Dean Patti, which would have sold the Sportspark to the city. It also included several newspaper stories that Bettis said couldn't be relied on by Rose to back up his allegations.
"The code asks for more than reliance on newspaper articles," Bettis said. "There needs to be something more than news clippings attached to a complaint form."
Many in the audience questioned Bettis' recommendation of not hearing the complaint, including former City Councilman Steve Miller.
"The spirit of the law has not been expressed today," Miller said. "The spirit of the law isn't for there to be mine fields placed in the way of a layman like Mr. Rose."
Marcus McAnally, a notary public, sat beside Rose through the board meeting, and said he'll notarize Rose's complaint.
"If I only would have had my stamp with me we could have got on with this," McAnally said.
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