Thursday, Jan. 25, 2001 | 11:21 a.m.
An ethics complaint pending against Las Vegas Councilman Michael McDonald apparently was too hot to handle as it made its way through the offices of District Court judges this week.
In the three days since the Las Vegas Ethics Review Board filed the complaint asking a judge to remove McDonald from the council, four judges have declined to take the case.
The odyssey began with District Judge Mark Gibbons, who asked Chief Judge Gene Porter to reassign the case because he begins the Jessica Williams case next week. Williams faces involuntary manslaughter and DUI charges in the deaths of six teenagers.
McDonald's case was then given to District Judge Stephen Huffaker. He told attorneys for both sides that his wife, Joanne, sat on the Henderson Planning Commission at the same time McDonald's boss, Larry Scheffler, was on the Henderson City Council.
McDonald's attorney, Richard Wright, declined to sign a conflict-of-interest waiver and the case was assigned to District Judge Kathy Hardcastle.
Hardcastle then asked to be recused because she is familiar with the case and wants to "avoid the appearance of impropriety and implied bias."
The case was then bounced to District Judge Nancy Saitta, who late Wednesday afternoon recused herself from the case.
According to court documents, Saitta said she wanted to avoid the appearance of impropriety because she was formerly employed by the city of Las Vegas and has a relationship with the council.
As of this morning, District Judge James Mahan had the case. His office said he does not have a conflict and intends to keep the case.
Wright did not return phone calls left Wednesday afternoon and was expected to be out of his office today and Friday.
A date for a hearing in the case has not yet been set. McDonald is entitled to one within 20 days of the complaint's filing.
According to the complaint, filed late Monday by special prosecutor Frank Cremen, McDonald violated city code by trying to persuade officials to purchase the Las Vegas Sportspark last February.
At the time, Scheffler, McDonald's boss at Las Vegas Color Graphics, was a 6 percent owner of the Sportspark as well as a creditor.
Cremen alleges in the complaint that despite being told by City Manager Virginia Valentine and the city attorney that his actions were inappropriate, McDonald continued to lobby city officials, including Mayor Oscar Goodman, for a deal.
The complaint adds that in August city officials obtained copies of a partially executed document that was entitled "Agreement for Sale." The document was signed by Scheffler and Linda Fernandez, two of the three owners of the Sportspark. The agreement discussed the sale of the Sportspark for a price of between $7.9 million and $8.7 million to the city of Las Vegas.
The agreement also stated Bert Cirinclone, a friend of Scheffler, would receive a brokerage fee of more than $1.7 million, the complaint states.
Cremen accuses McDonald of putting Scheffler and Fernandez's interests above those of the city's and of granting them special consideration.
The Ethics Review Board determined in November that McDonald violated city ethics laws in the Sportspark issue. It also decided that McDonald broke the law when he worked behind the scenes to try to stop political consultant Sig Rogich from getting a tavern license.
One month later the board voted unanimously to allow Cremen to file the complaint asking for the removal of McDonald from the City Council. Cremen opted just to pursue the Sportspark case, saying it would be easier to prove.
archive
