Columnist Jeff German: Red Rock deal raises ethics issue

Wednesday, April 16, 2003 | 11:16 a.m.

Jeff German's column appears Tuesdays, Wednesdays, Fridays and Sundays in the Sun. Reach him at german@lasvegassun.com or (702) 259-4067.

As she stood with other protesters outside the courthouse Tuesday, Lisa Mayo-DeRiso carried a sign that read, "Political Manipulation vs. Democratic Process."

She was referring to the fight by Blue Diamond residents to stop wealthy developer Jim Rhodes from using his clout to pave the way for a massive housing development on the edge of scenic Red Rock Canyon.

If you ask Blue Diamond residents to explain how Rhodes has manipulated the political system, it won't be long until they bring up the name of Erin Kenny, their former county commissioner who has become the developer's mouthpiece and political arm-twister.

And if you believe Kenny's successor, County Commissioner Mark James, a one-time Rhodes ally who now has taken up the cause of the Blue Diamond residents, Kenny probably violated the county's four-year-old ethics policy when she lobbied him this year on behalf of Rhodes.

But no one's likely to do anything about it because the policy, which calls for a one-year cooling-off period on lobbying, has no teeth.

When the county commissioners, including Kenny, passed the policy on March 2, 1999, they conveniently forgot to include penalties for those who violate it.

That means the policy is useless, and developers like Rhodes still are free to buy the influence of anyone who leaves office.

Rhodes started buying Kenny after she lost her race for lieutenant governor in November. Records show his companies made a total of $60,000 in post-election contributions to her campaign.

Kenny, who set up her own consulting business, couldn't wait to earn her keep.

On Jan. 7, the day after she gave up her County Commission seat, Kenny met with James to discuss Red Rock development. According to James, she promptly warned that it would be "dangerous" to cross Rhodes.

And James says Kenny attempted to influence his position on Red Rock in subsequent meetings and telephone conversations.

One commissioner, Rory Reid, had the good sense to avoid Kenny.

Reid says he received messages from Kenny, but never returned them because he was made aware of the cooling-off period and didn't want to be improperly influenced by her.

Kenny's blatant contact with her former colleagues, it seems, became so obvious that it attracted the attention of County Manager Thom Reilly, who sent out a memo on Jan. 21 reminding the commissioners about the one-year lobbying ban.

Reilly's warning, however, didn't stop Kenny from making more phone calls and setting up more meetings. She talked to James as late as two weeks ago.

So far, the arm-twisting hasn't worked, which is good for the Blue Diamond residents fighting to save Red Rock.

But why should the County Commission even allow it to happen?

What good is an ethics policy that doesn't stop unethical behavior?