Ethics trial starts for LV councilman

Diana Sahagun

Thursday, Aug. 15, 2002 | 11:01 a.m.

Las Vegas City Councilman Michael Mack was facing one less misdemeanor charge of violating the city's ethics code this morning, after it was revealed that the council never voted on one agenda item.

Mack, whose trial opened today, still faces four other charges of violating the city's ethics laws after voting to postpone and ultimately deny a car dealership application proposed by John Staluppi Jr.

Special prosecutor John Graves Jr. asked that the one charge be dropped after learning that the council did not vote on a May 2001 agenda item, which had previously been assumed.

In February, the Las Vegas Ethics Review Board had found Mack guilty of violating the city's ethics codes on five occasions when he voted against Staluppi's dealership without disclosing he owed $60,000 to rival car dealer Joseph Scala.

In opening statements this morning, Graves said it was inconceivable that Mack forgot that he owed the loan from a rival car dealer.

Mack's attorney Richard Wright said Mack's votes were not improper because the matters before him dealt with Staluppi, not Scala, the car dealer he had a loan with.

The trial could last until Friday, although sources said it could wrap up today depending on the speed of the testimony.

If Municipal Judge Bert Brown finds Mack guilty of knowingly violating the city's ethics code, he would be subject to removal from office and face possible fines or jail.

A District Court judge has already ruled that Mack -- if he is found guilty -- can stay in office while he appeals.

It has been more than a year since Mack led the vote to deny a car dealership application in northwest Las Vegas proposed by Staluppi, an East Coast car dealer.

Mack led the June 6 vote against the project without disclosing he had borrowed money from Scala. It wasn't until after the vote that Mack says he realized the loan was outstanding and he asked for the item to be reconsidered so he could abstain.

After two of Staluppi's consultants filed ethics complaints alleging Mack, the Las Vegas Ethics Review Board voted that Mack violated the law and directed Graves, the board's attorney, to prosecute Mack in Municipal Court.

Staluppi eventually got his dealership and dropped the ethics complaint, but the board went forward with the case.

Staluppi, the two men who filed the complaints, and two of Mack's attorneys are expected to be called during the trial.