Columnist Jeff German: Consumer suffers in this spat

Friday, July 2, 2004 | 11:08 a.m.

Consumer Advocate Timothy Hay can't even remember the last time he talked to his boss, Attorney General Brian Sandoval.

It's not because they haven't seen each other. Hay recalls that the two even crossed paths during their separate travels two weeks ago while boarding a connecting flight in Dallas bound for Reno, but neither said a word to the other.

Their strained relationship, which escalated this week with a public dispute over when Hay's four-year appointment expires, is the result of a system the Legislature set up to better protect consumers. But the way things are working out between Hay and Sandoval, the Legislature may have to protect them from each other.

As chief of the attorney general's Bureau of Consumer Protection, which fights for lower utility rates and prosecutes ripoff artists, Hay reports directly to Sandoval.

The Legislature, however, gave the consumer advocate a measure of independence from the attorney general who, as an elected official, is a politician. The attorney general makes an appointment to the position, but has to leave the appointee there for four years. The consumer advocate also hires his own staff.

For the most part, Hay hasn't been shy about asserting his independence, and that has created an ugly situation within the attorney general's office that can't be good in the fight to keep powerful utilities and crooked businesses honest.

Hay was hired by former Democratic Attorney General Frankie Sue Del Papa and hasn't gotten along with Sandoval from the day Sandoval took office 18 months ago. Neither man trusts the other.

Hay remembers Sandoval as a lawyer who represented a statewide utility shareholders organization, one of Hay's arch-enemies. And Sandoval doesn't see Hay as a team player.

This week the two men also are at odds over a state audit that made recommendations to improve the efficiency of the Bureau of Consumer Protection. Sandoval supports the recommendations. Hay abhors them.

Hay insists his ill feelings toward Sandoval haven't hurt his ability to carry out the functions of his office.

"We're fine 99 percent of the time because we haven't had any contact with him," he says.

But how fine can the office be when the man who oversees it isn't on speaking terms with his boss, who bears the ultimate responsibility for the office?

All of this comes at a time when big utilities, such as Nevada Power, Southwest Gas and Sprint, are seeking sizeable rate increases, gasoline prices are ridiculously high, and more and more Nevadans are falling victim to Internet scams.

Consumers simply are more vulnerable than ever.

And yet the two people who are supposed to be leading the effort to protect consumers are spending their time sniping at each other trying to protect their own turf.

They're fighting over where Hay's office should be located in Carson City, what his law enforcement responsibilities should be and even when his four-year term is up.

They're letting egos get in the way of doing their jobs.

It's silly, but also a shame.

And it makes you wonder who's minding the store while they're playing their games.