Deputy planning director works out disclosure woes

Diana Sahagun

Wednesday, Feb. 14, 2001 | 11:48 a.m.

Las Vegas Deputy Planning Director Bob Genzer has struck an agreement with the city manager that will likely result in his promotion to the top spot of director next month.

The deal was reached Tuesday, drawing an end to weeks of discussions, prompted by reports last month that Genzer has a minority interest in a land deal with developer Randy Black.

As a result of the reports, Genzer's promotion was postponed earlier this month while City Manager Virginia Valentine examined the city's ethics codes to ensure that in the future there is no question whether an employee has a conflict of interest.

Genzer's situation was inevitably a catalyst that pointed to a number of problems with the city's ethics code, which Valentine said need to be addressed so there is no shred of doubt as to where employees' interests lie and to "preserve the public's trust."

In Genzer's case, the agreement will have him notifying his entire staff and his boss -- Deputy City Manager Doug Shelby -- of his interests, by letter.

Genzer said Tuesday that he also has put letters in the mail to all of his partners, asking them to inform him when they will have applications before the city, in which case Genzer will recuse himself.

Genzer also has given his staff a map showing the other properties he, his wife and her parents own in the city. A 750-foot radius around their properties is shown, and Genzer will abstain if there are any applications in the area.

Whether Genzer will divest his interests is still being discussed.

"This whole thing has just been so nuts to me because we've tried to follow the rules," Genzer said Tuesday.

The City Council is scheduled to vote on Genzer's promotion March 7.

Genzer, who has been with the city for 27 years, would earn $97,000 annually plus "executive benefits" if promoted.

By all accounts, Genzer followed city code when in 1999, as appointed deputy director, he filed his first disclosure form with the Las Vegas City Clerk.

He filed a duplicate form in March 2000.

The city's ethics code required that Genzer file the form once he reached the position of deputy director.

The city's ethics code mandates that certain employees file financial disclosure forms -- including the mayor, council members and candidates, deputy directors, department directors, certain boards and commissions, and any position created by the city charter, city code or Nevada Revised Statutes.

They must file March 31 of every year.

As part of the disclosure form, the employees must disclose any property, including options to purchase, in the city, state or any adjacent state.

In the eight-page disclosure form, Genzer lists his property and his business partners. On the list of property was an address in Mesquite, described as a daily, monthly rental leased by Casablanca Hotel. One of the partners listed for the property was Robert and Katherine Black.

The city's ethics code also required Genzer to disqualify himself if Black -- or any other of his partners -- were to appear before the city.

According to city records, since Genzer first disclosed in 1999, Black has been before the city on three occasions, but never to the City Council level. In June 2000, Black had a review of a billboard that was heard by a hearing board, a step under the Planning Commission level that used to be called the planning and zoning board.

In September 2000 and October 2000 Black appeared before the city asking for changes to the city's general plan, but both items were "withdrawn with prejudice" by the hearing board, with the stipulation that Black must wait a year to return.

In the last 10 years Black has had business before the city seven other times, according to city records. Six of the applications were for new projects, while four were extensions from previous years, such as extension of time permits.

Part of the problem with the ethics code, which came to light in Genzer's case, is that while the city requires disclosure forms to be filed, there is no procedure for anyone to check those files.

Valentine said, "I think back then (when the ethics code was drafted) the city felt like if they were making the disclosure forms public, they had met the requirements because anyone could read them. We're going to go one step further."

Valentine was not city manager at the time the code was drafted.

In the future, those disclosure forms will be reviewed, and prospective employees will be asked to disclose any potential conflicts and a decision will be made whether that person would have to divest or disclose his or her interest.

Both Valentine and Genzer said the details of divesting are still being hammered out. Mayor Oscar Goodman has said he would like Genzer to divest in such a way as to not give the appearance of impropriety.

"I am looking at that," Genzer said. "I need to speak with the general partner and find out what the details would be to allow me to do that, but I haven't been able to handle that part of it yet. I am going to look at it."

Valentine said: "If he can get out of that deal, he will. He will at the end of this process be in full disclosure. We feel like once all those things are done we're ready to go forward with his appointment."