Ethics policies to be studied

Judy Odierna

Wednesday, May 7, 2003 | 9:14 a.m.

The Clark County Commission revived its Ethics Task Force on Tuesday to reconsider the county's ethics policies and standards.

Among the items that could be reconsidered are penalties for commissioners who violate the so-called "cooling-off" period after they leave office; when lawmakers should recuse themselves from votes; and the definitions of certain ethics laws.

The commissioners directed county staff to reactivate the task force for the job.

"Ethic laws are supposed to be a shield," said Commissioner Rory Reid, who, along with Commissioner Bruce Woodbury, brought the item before the commission. "They are not supposed to be a sword."

Reid and other commissioners sought to revisit the county's ethic laws after two events that arose from developer Jim Rhodes' proposal to develop 2,400 acres on Blue Diamond Hill, which is surrounded on three sides by the Red Rock Canyon National Conservation Area.

Rhodes last month sued to try to keep Commissioner Mark James from proposing a county ordinance that would keep high-density residential or commercial development off the property. Rhodes alleged James had a conflict of interest because he had advised Rhodes on how to get zoning approval for the development. James said he discussed the project with Rhodes as a candidate.

A District Court judge ruled that James could introduce the ordinance, saying it was too early for the court to intervene.

In addition, Reid, Woodbury and Commissioner Chip Maxfield have said they will abstain on the issue because they have worked for Rhodes or work for firms that have worked for the developer.

"We need to set up procedures where the results don't have a board brought down to three people," James said Tuesday.

In an response to the lawsuit, James alleged that former Commissioner Erin Kenny, who now works for Rhodes, lobbied him heavily on the issue, despite an ethics rule that prohibits former county officials from lobbying for a year on issues they considered.

Kenny told the Sun earlier this week that she did not violate the policy because she never considered or voted on the issue while she was in office.

The lobbying ban was put in place in 1998 by a task force made up of civic and religious organizations, former elected officials, county commissioners, the state university system and the media.

Many of the same original task force members, along with representatives from the district attorney's office, will participate in reviewing the policy.

Several commissioners say the problem with many of the ethics laws is that they lack enforcement mechanisms.

But because establishing penalties would require state action, commissioners worried there may be little they can do.

"We are creatures of the state," Commissioner Myrna Williams said. "The task force and the (district attorney) will have to research and see if we can go beyond NRS (Nevada Revised Statutes) regarding penalties. My understanding is our hands could be tied because the state won't let go of us."