Kenny denies any ethics breach in Rhodes case

Thursday, May 1, 2003 | 11:16 a.m.

Former Clark County Commissioner Erin Kenny fired back Wednesday at those who have criticized her lobbying of commissioners on a controversial land-use issue affecting Red Rock Canyon.

Kenny said she never violated a 1998 county ethics policy that prohibits county officials from lobbying "on any issue which was under consideration by the agency" for one year after leaving elected office.

According to Commissioner Mark James, Kenny's former political ally, Kenny lobbied him earlier this year on the proposed development restrictions that would affect the old James Hardie Gypsum mine on top of Blue Diamond Hill.

The 2,400-acre parcel was purchased by Las Vegas developer Jim Rhodes, who opposes the development restrictions.

Kenny said she never considered or voted on the development restrictions, first proposed by former Clark County Commission Chairman Dario Herrera in September, so the ethical rule does not apply.

"I never voted on it," she said. "It never came before me. It was never even contemplated by the county commissioners."

An attempt last year to win zoning approval for about 8,500 homes on the property, surrounded on three sides by the Red Rock Canyon National Conservation Area, was withdrawn before it reached the County Commission, Kenny noted.

The effort by John Laing Homes sparked protests and widespread opposition to development on top of the hill. The controversy continues today as Rhodes applied for zoning Wednesday to build more than 5,000 homes on the site.

And Rhodes' lobbying effort also has put the spotlight on the county's ethics rules, which lack any enforcement mechanisms. Even if Kenny did violate the policy, there is no provision in the policy for commissioners to take action against her. Commissioners Bruce Woodbury and Rory Reid this week asked for a review and possible amendments to the policy.

Reid said he did not want to comment on the Kenny-Rhodes issue, but added that it is time to look at the entire policy.

"The last time the county had a comprehensive review of its ethics policy was five years ago, and I think it's time we looked at it soup-to-nuts," Reid said. "There's a lot of attention on the cooling-off period, but that's not the only thing in the policy. I hope we have a conversation that's broader than that."

Not everyone agrees with Kenny's assessment that she did not violate the ethics policy with her lobbying.

"I think the commissioners are going to look at that, but the intention of that is to be more broad than as narrow as she is reading it," Mary Miller, county counsel, said.

Miller said discussions by various commissioners and staff on the Red Rock development restrictions were ongoing before Kenny left office in January.

"Staff was working on it, it was the subject of discussion at various times at least in general terms," Miller said. "Anyone trying to meet the ethical mandates would probably avoid that conversation."

Paul Brown, Southern Nevada director of the Progressive Leadership Alliance of Nevada, said Kenny ducked at least the intent, if not the letter, of the county's ethics rules.

"She's splitting hairs," Brown said. "She can say what she wants, but she's flouting the intent of the law."