Ethics fine of Beers waived

Thursday, March 27, 2003 | 9:51 a.m.

CARSON CITY -- Assemblyman Bob Beers, R-Las Vegas, says the decision by the state Ethics Commission to waive his $5,000 fine "is a good deal and I'm pleased."

Beers was fined in 1998 by the commission for his statements about an opponent in an election campaign. He never paid the fine and joined with the American Civil Liberties Union, the Nevada Press Association and others to sue the commission, claiming the law is a violation of free speech.

Beers said today he may withdraw his name from the suit, but the civil action will be continued by the other parties.

The commission, by a 5-1 vote, agreed Wednesday to waive the fine. Commission Executive Director Stacey Jennings said the commission did not set aside the opinion of the previous commission, just agreed to waive the fine.

She said the deadline for collecting the money was July. Jennings noted that the previous opinion found that Beers was telling the truth. The law says a false allegation must be made during the campaign.

Dissenting from the decision Wednesday was Commissioner Jim Kosinski of Reno. Commissioner Rick Hsu was absent. The commission met in closed session, then opened the meeting and took the vote.

The ethics commission declined in October to reconsider the decision against Beers, saying it would open the board up to potential suits from others who were fined.

Beers, in his first campaign for the Assembly sent a mailer during the GOP primary election that said his opponent Dennis Silvers' restaurant was more than $20,000 in debt, had late rent notices and was the subject of three arson fires, the last of which destroyed the business and killed 66 pets at a nearby clinic.

The Assembly this year passed Assembly Bill 127 to eliminate the section of the law that permits the ethics commission to impose a maximum fine on a political candidate who makes a false or misleading statement that would impede the success of the campaign of his opponent.

The bill is in the Senate, where it faces opposition from Senate Majority Leader Bill Raggio, R-Reno.