Ethics panel must piece together puzzling cases

Adrienne Packer

Monday, Feb. 12, 2001 | 11:24 a.m.

Ethical dilemmas are far from unusual in Clark County's political arena, but few have had as twisted a plot as the latest spate of blunders that began with an ethics complaint filed against Commissioner Erin Kenny.

For example, Kenny and Commissioner Mary Kincaid's newfound friendship, which developed after last fall's election, went by the wayside when comments made in the complaint against Kenny landed Kincaid in hot water with the Nevada Ethics Commission.

"I think everyone feels a little strained with the situation," Kincaid said. "If (Kenny) wants to say things and create problems for me, that's her problem, not mine."

And while Kenny faces one and perhaps two formal ethics charges, the chances she will face three are slim thanks surprisingly to her nemesis on the board, Commissioner Yvonne Atkinson Gates.

Also under the ethics commission's scope is County Facilities Manager Bill Barrett -- Kincaid's friend whose job she reportedly spared years ago and a man Kenny not too long ago tried to fire.

And defending Kenny against her ethics charge will be attorney Frank Cremen, who -- during the same ethics session -- will be prosecuting Las Vegas City Councilman Michael McDonald.

Confused?

The web of ethics complaints should be unraveled during the state commission's meetings Thursday and Friday when it sets a date for Kenny's hearing and decides what, if any, complaints to file against Kincaid and Barrett.

The latest series of ethics allegations focus on Barrett, who after delivering an ambiguous speech to commissioners warning he has "information for the greater public good," accepted a retirement deal last week.

Barrett was the topic of discussion during a private August meeting that Kenny called at her home. Exactly what happened during that meeting is what the ethics panel will have to decipher.

According to the ethics complaint, what Kenny did do during that meeting is unknowingly surrender her ally Kincaid -- then a foe -- to the ethics police.

Former facilities employee Gene Smith, who filed the complaint against Kenny, claims Kenny tried to convince him to break into the County Government Center to find documents damaging to Kincaid.

Smith claims Kenny, whose best friend was locked in a tight primary race against Kincaid, wanted paperwork proving Barrett and his crew helped Kincaid move her flower shop on county time using county equipment.

Smith claims Kenny told him she would get his job back and offered protection for anyone who came forward with information on the flower shop move or Barrett's campaigning for Kincaid on county time.

Kenny claims she called the meeting to discuss concerns about ongoing problems in the facilities division. Kenny has referred calls related to the complaint to Cremen, who could not be reached for comment today.

The review panel decided last month to launch an investigation into whether Kenny violated a code that prohibits elected officials from seeking or accepting gifts that would influence "a reasonable person in his position to depart from the faithful and impartial discharge of his public duties."

The panel suggested the full state ethics board look into whether Barrett also campaigned for Kenny during county time.

Kenny and Kincaid, who surprised their colleagues when they became friends after Kenny actively campaigned against Kincaid, again have a strained relationship.

After reading the complaint against Kenny, the ethics panel snagged Kincaid in its net and decided to investigate her close relationship with Barrett.

"If they want to investigate me, fine. I'll cooperate any way I can," Kincaid said. "As far as my relationship with (Kenny), it's more that I feel I can't totally trust her. But I'm not going to be rude to her or treat her badly.

"It's time we all started concentrating on what's good for the community and stop acting like little kids fighting."

Kincaid and Kenny's up-and-down friendship isn't the most ironic twist in the latest ethics tale. The commissioner that has come to Kenny's rescue is Atkinson Gates.

Citing Atkinson Gates' successful appeal of an ethics code that prohibits elected officials from using their position to secure or grant privileges, the ethics review panel opted not to pursue a case against Kenny.

In Atkinson Gates' case, a Washoe County judge ruled that language in the code, which says privileges should not be granted to family members, business partners or "any other person," is unconstitutionally vague.

"I think we are hamstrung by the Gates' case," ethics commissioner Rick Hsu said. "At best you could argue that Ms. Kenny was engaging in conduct using her position to help her friend, her good friend who was running against Ms. Kincaid.

"But under the Gates decision, I think friends, that the phrase 'any other person' is vague."

As Kenny, Kincaid and Barrett make their way through the state ethics commission's investigative process, county officials hope to continue focusing on important issues they face.

"Anytime there is a question of ethics and a question of ethics that involves commissioners and employees, it's something we should take seriously and be concerned about," Commission Chairman Dario Herrera said.

"I can only hope it doesn't affect us as we address some of our biggest challenges."