State senator: Letter ‘honest mistake’

Erin Neff

Wednesday, June 26, 2002 | 11:05 a.m.

A fund-raising letter on Senate letterhead sent by Senate Majority Whip Maurice Washington for his re-election bid may not be unlawful, but it is being viewed as an improper use of his office.

Washington, R-Sparks, sent a letter May 21 on his Senate stationery mentioning his bid for a third term in the state Senate representing Washoe District 2.

"Campaigns today are very costly, and to be successful, it is critical to have the financial resources to deliver my message to the voters," Washington wrote. "I am asking for your support and financial assistance, so that I may return to the 2003 Legislative session as your representative."

The letter includes the embossed state seal and lists a contact number in Washington's district office in Sparks.

"My secretary made an error," Washington said. "It should have probably been on campaign letterhead."

Washington said the secretary in his office -- which handles his Senate work as well as business for his charter school and the church at which he ministers -- made "an honest mistake."

The senator said the secretary was "new," and has only worked with him for less than five months. But he added, "Ultimately, I make the (campaign) decisions."

Although the state's ethics law does not specifically ban such a practice, the Nevada Ethics Commission in 2001 rendered an opinion in a related case that suggests such a letter is improper.

"Nevada's Ethics in Government Law prohibits an elected public official from 'speaking out' on political concerns or otherwise engaging in activity in such a manner that would create an appearance of impropriety or the impression that the government sanctions the activity," the commission ruled.

On April 19, 2001, the Ethics Commission considered Assembly Minority Leader Lynn Hettrick's request for an advisory opinion prior to his sending a letter seeking financial support to hire Republican consultants for the redistricting process.

Hettrick's proposed letter asked: "Would you join in our partnership with the Nevada Republican Party and contribute to the cost of creating fair and equitable reapportionment and redistricting plan for Nevada?"

The Ethics Commission advised Hettrick, R-Gardnerville, to strike the words "in our partnership" and print the letter on Nevada Republican Party letterhead as opposed to using his state Assembly letterhead.

"As a state Assemblyman, Mr. Hettrick has more power and carries more weight in sending a fund-raising letter than would an average citizens sending the same letter," the commission wrote. "There is risk, therefore, of creating an appearance of impropriety or the impression the state Assembly and or the state legislature endorses the content of the letter."

The commission also stated it would be improper for Hettrick to use government time, property, equipment or employees to send the letter.

Washington said he was not sure how many letters were sent, but he said his campaign paid for the stationery and postage.

State Democrats, who are targeting Washington's seat, said they thought the letter was inappropriate, but they were not initially sure how they would raise the issue. Joe Carter, a Democratic railroad worker from Sparks, is challenging Washington.

Washington is the minister at the Center of Hope Christian Fellowship and is past board president of the Nevada Leadership Academy, a charter school targeted by state education officials for possible violations of the separation of church and state clause and improper use of school funds.

The Attorney General's office is also investigating reported failure by the school to pay for employee worker compensation insurance.

"I suspect that there will be an ethics complaint filed because there are enough people who are concerned about Maurice's behavior in related matters that there will certainly be a complaint coming," said Senate Minority Leader Dina Titus, D-Las Vegas.

Ted Jelen, chairman of the political science department at the University of Nevada, Las Vegas, said he thinks sending such a letter is "stupid."

"It's nuts to give your opponent that kind of issue," Jelen said. "That is just so blatant. From a strategic standpoint, it's so stupid to do."

Washington, who is one of the most conservative lawmakers, said he has read the state's ethics statutes and does not think the letter violates the spirit of the law.

"It wasn't done intentionally to convey any wrongdoing," Washington said.

Craig Walton, chairman of the ethics and policy studies department at UNLV, said anyone who has read the statute would understand the theme that "public office is a public trust."

"I can't imagine how anyone could read any part of the statute and find that using state letterhead for a fund-raising letter is appropriate," Walton said.