Ethics panel hears charges that Mack violated city codes

Diana Sahagun

Thursday, Feb. 14, 2002 | 11:05 a.m.

A local attorney for the Las Vegas Ethics Review Board asked its members this morning to find Councilman Michael Mack guilty of 12 violations of the city's ethics code.

Attorney John Graves, representing the board, accused Mack of trying to cover up his relationship with Courtesy Automotive dealer Joseph Scala when he voted three separate times on items affecting a rival car dealer, John Staluppi Jr., without disclosing the fact that he owed Scala up to $60,000.

Graves also stated that Mack tried to cover up the relationship when he reported a loan on his financial disclosure form from People's Real Investment, not Joseph Scala, who owned the company.

"It's difficult for me to believe that a reasonable man would forget the name of an individual who loaned you $57,000," Graves said.

Mack testified on his own behalf this morning that he thought the loan had been repaid when he voted Feb. 21, May 16 and June 6, 2001, on items affecting Staluppi. He voted in February and May to delay Staluppi's plan to build a new Nissan car dealership. In June he voted to deny the plans.

Later he wrote to City Attorney Brad Jerbic asking for the item to be placed on the July agenda so he could abstain when he discovered the loan was still outstanding.

Mack's attorney Richard Wright admitted Mack violated two portions of the ethics code when he failed to disclose his relationship with Scala on June 6.

Mike Bellon and Frank Maione, the two men who filed the complaints, did not attend the hearing, but Graves said the facts spoke for themselves.

The hearing was continuing this morning.

Graves recommended two charges against Mack of failing to properly fill out disclosure forms; two relating to the Feb. 21 vote; four relating to the May 16 vote; two relating to the June 6 vote; and two violations relating to letters written to city attorney Brad Jerbic asking the item to be put on the agenda so Mack could abstain.

If the ethics board finds that Mack abused his office and, as a consequence, should be removed from his post, it can have forwarded a seldom-used malfeasance petition to a District Court judge.

All new dealerships were originally required to locate in Town Center north of Cheyenne Avenue, where Scala owns property. The council in October -- with Mack abstaining -- rezoned several parcels in the northwest to allow new opportunities for dealerships.

Staluppi, after being approved for a Nissan dealership on one of the newly zoned parcels, dropped a lawsuit against Mack and Councilman Larry Brown seeking monetary damages. But the ethics complaints remain.