Editorial: Deal calls for review of ethics

Monday, July 8, 2002 | 8:49 a.m.

Henderson City Council members Amanda Cyphers and Steve Kirk were right the first time when they called for the city to review its ethics policy in light of a redevelopment project marred by a question about conflicts of interest. Now the two council members are saying that, upon reflection, they believe there was never any ethical quandary and that there is no reason for the city to examine its ethical standards or review how the project was handled. We disagree. The facts of the case warrant a thorough review followed by changes in Henderson's ethics codes.

The project itself, redevelopment of former mining lands to include a 525-acre master-planned community known as Tuscany, was pretty normal. Cities routinely engage in redevelopment projects, which grant developers short- and medium-term tax breaks in exchange for the long-term benefit of converting blighted land into vital, tax-producing housing, commercial or industrial areas. What wasn't normal or routine about this project was that the two top managers of Commerce Associates, the company that proposed the redevelopment project, sat on the redevelopment board. One was even the board president. They didn't resign until shortly before the board voted its approval, a vote that will benefit Commerce Associates by $27 million to $40 million in public money.

Henderson City Attorney Shauna Hughes advised the two managers they could stay on the board as long as they refrained from discussing the project at board meetings or voting on it. She says that view is consistent with the state ethics code. Our view is that the two were in a position to influence their project and that the appearance of a conflict is plain. The two managers should have resigned from the redevelopment board before their project was presented. If state ethics codes do not specifically address community boards, then the city of Henderson should revise its own codes.

Assemblywoman Sandra Tiffany, who represents Henderson in the Legislature, had joined with Cyphers and Kirk in calling for a review of the city's ethics code. Unlike Cyphers and Kirk, however, she hasn't changed her mind. But it's not like she's now standing alone on the issue. We have to believe that most residents of Henderson are standing with her.