State ethics commission OKs rule that muzzles members

Thursday, Aug. 19, 2004 | 9:43 a.m.

CARSON CITY -- The state Ethics Commission wants to stop its members from making "inaccurate or stray comments" to the public involving a case.

A "rogue" commissioner who violates the policy could be censured or even removed from office.

The commission voted 5-1 Wednesday for a new regulation that would limit the comments a member can make following a decision. Discussion of this proposed regulation has taken place in the past and commission Chairman Rick Hsu of Reno presented the suggested rule.

"Any statement made after the hearing should be done with caution," Hsu said. A commissioner should be able to express his feelings often during a hearing on an ethics complaint against a public official, the chairman said.

He said there should be a policy to deal with a "rogue commissioner" who violates the policy.

After the commission has made a decision on a case, the commissioner would be limited to expressing his own opinion and not discuss facts or opinions that were never submitted in the record.

The regulation said a commissioner should not make comments or accusations that could "reasonable be construed as evidence that the individual commissioner or any other commissioner was not acting impartially, or acted with bias, prejudice or ulterior motive in a manner that would jeopardize the sanctity of the proceeding."

These improper remarks would jeopardize the decision of the commission if it were appealed to district court, said Hsu.

A violation of the regulation could result in dismissal of the complaint against the public officer; a public or private reprimand or censure of the commissioner; or a request to the governor or Legislature that appointed the individual to remove him or her from office.

During the Wednesday meeting, there were no examples given how commissioners might have made improper remarks in the past.

Hsu, in his regulation, said it was the intent of the commission to "provide information to the public that is accurate and complete" to ensure the fair administration of justice.

But the regulation says, "In order to promote notions of fairness, impartiality and decorum, individual commissioners are encouraged to refrain from speaking to members of the public after a final decision is rendered" in a complaint against a public officer.

Commissioner Bill Flangas of Las Vegas dissented from the vote. He said he respects the confidentiality of the process. But he said the regulation was "bureaucratic overkill." He called it "vague and unacceptable."

Commissioner Caren Jenkins of Carson City disagreed. She said the policy "does not harass people."

Commissioner George Keele of Minden agreed. "We're not being muzzled," he said.

The policy prohibits a commissioner from making comments on whether a complaint has been filed. The commissioners will refer all inquiries to Executive Director Stacy Jennings.

In cases of public policy, only the chairman and vice chairman and Jennings are authorized to speak to the public.

The commission also received an annual report from Jennings that 119 written requests for opinions were received last fiscal year, compared to 66 in each of the prior two fiscal years. Of that total 63 percent came from Clark County.

Through the first half of this calendar year, Jennings reported there has been an 81 percent increase in complaints about the conduct of public officials.

The commission has submitted a request to the Legislative Interim Finance Committee for permission to add staff and open a Las Vegas office to handle the increased workload. The finance committee meets Sept. 15.