Mack to appear in Municipal Court

Diana Sahagun

Thursday, Feb. 21, 2002 | 9:49 a.m.

Las Vegas Councilman Michael Mack, facing allegations that he broke Las Vegas a municipal code relating to conflict of interest, could be tried on misdemeanor criminal charges in 60 to 90 days, said the attorney appointed to prosecute the councilman.

Attorney John Graves, Jr., who filed a criminal complaint on behalf of the Las Vegas Ethics Review Board Wednesday, said Mack will be arraigned before Municipal Judge Bert Brown, who will schedule a hearing date.

The complaint, filed 4 p.m. Wednesday, alleges Mack broke city code when he voted Feb. 21, 2001, to postpone a car dealership application proposed by John Staluppi Jr. while failing to disclose a financial obligation to a rival car dealer. The statute of limitations concerning the alleged violation was set to expire at the close of business Wednesday.

Mack, who could be removed from office if convicted, said he is prepared to fight the allegations.

"I'm not giving up," Mack said. "My attorney is working on (the case) diligently, and I'm going to continue doing my work and being a good councilman."

Graves last week represented the ethics board, which found Mack intentionally broke the city's ethics code on five occasions when he voted to delay and ultimately deny Staluppi's application without disclosing he owed Courtesy Automotive dealer Joseph Scala $57,000.

The board directed Graves to forward the case to Municipal Court over the objections of Mack's attorney, Richard Wright, who said city code required the case first be sent to the city attorney's office for review.

Mack still faces four other potential criminal charges relating to the board's guilty findings, but one conviction will result in his removal from office.

City Attorney Brad Jerbic said his office usually receives all criminal complaints. In this case, however, his office has a conflict of interest; he sent the complaint to municipal court and asked a judge to appoint a new prosecutor.

Graves then filed the criminal complaint in municipal court, which was randomly sent to Brown, who appointed Graves as special prosecutor. The affidavit in support of the complaint mirrors information given to the ethics board last week.

Graves would not comment on evidence he may submit to prove beyond a reasonable doubt that Mack intentionally tried to hide his relationship with Scala.

Mayor Oscar Goodman said that, although he faced the loss of a council member last year when Michael McDonald faced removal from office in District Court for violating the city's ethics codes, he is staying out of the process.