Editorial: Lobbying provision lacks teeth

Friday, April 18, 2003 | 9:22 a.m.

A provision of the Clark County ethics policy imposes a "cooling-off" period on former commissioners. It ostensibly prohibits them from lobbying the county unless a year has elapsed since they left office. The controversy over development of the gypsum mine overlooking the Red Rock Canyon National Conservation Area has exposed two flaws in the provision.

According to an affidavit filed in District Court by Commissioner Mark James, he has been lobbied aggressively by his predecessor, Erin Kenny, who left office in January. James' affidavit was in response to a lawsuit filed last week by developer Jim Rhodes. The lawsuit sought to prevent James from proposing an ordinance that would prevent high-density development on lands bordering Red Rock. Rhodes, a homebuilder, recently purchased the gypsum mine and would be affected by the ordinance. The lawsuit, which contended that James, an attorney, had a conflict of interest because he once represented Rhodes, was dismissed this week in District Court. James said Kenny contacted him repeatedly and even used political threats in trying to gain his support for Rhodes.

This would seem a clear violation of the ethics policy. Unfortunately, the provision has a loophole. It only prohibits lobbying "for compensation," which is difficult to prove. The policy should be amended to read that former county commissioners may not lobby the county on behalf of themselves or a client for a year after leaving office -- period.

The other flaw is the lack of a penalty for violators. The County Commission should fix this too. A hefty civil fine would add some heat to the cooling-off provision.