Ethics Commission to examine Education Board member’s conflicts

By Emily Richmond

Friday, July 16, 2004 | 4:02 a.m.

A two-member panel of the Nevada Commission on Ethics this afternoon determined that there is "just and sufficient" cause for the full commission to examine whether State Board of Education member John Hawk's involvement with a charter school while serving as a member of the board posed a conflict of interest.

The ethics complaint focuses on Hawk's involvement with the proposed Nevada State High School charter school, a statement issued by the commission noted.

The complaint was initiated by the commission on its own and is unrelated to a complaint filed against Hawk and four other board members that was dismissed this morning.

Hawk could not be immediately reached for comment. Hawk has earlier said that he asked the Ethics Commission to hear his case as quickly as possible in the hopes that the proposed charter school could still move ahead for the 2004-05 academic year, which begins Aug. 30.

Hawk and his wife, Clark County School District assistant principal Wendi Hawk, had hoped to open a charter high school in August that would allow students to earn dual credits at Nevada State College in Henderson. The State Board of Education -- with Hawk absent from the vote -- turned down the dual-credit application at its July 9 meeting.

In a ruling handed down in November the Ethics Commission told Hawk if the state Education Board sponsored his charter school he would have to resign his seat. Hawk sought sponsorship from the Clark County School Board, a move the Ethics Commission said would not be a conflict. But the Clark County School Board denied his application, citing concerns about the dual-credit program and teacher credentials.

Hawk has since put off resigning from the board, saying he hoped a compromise could be reached that would satisfy the Ethics Commission.

Complaints filed against five members of the State Board of Education by a Carson City man were dismissed this morning after a review by a two-member panel of the Nevada Commission on Ethics.

In his complaint, John Wagner alleged that five members of the Education Board, including Hawk, failed to disclose that either they or their spouses worked for local school districts. Other members named in the complaints were board President Gary Waters and members John Gwaltney, Barbara Myers and Marcia Washington.

The two-member ethics panel -- which evaluates initial complaints and makes recommendations for further action before the full commission -- interviewed State Schools Superintendent Keith Rheault and Deputy Attorney General Ed Irvin, who provides counsel to the state board and the education department. Past minutes of Education Board meetings were also reviewed.

"Just and sufficient cause does not exist for the commission to render an opinion in their matters," according to the written report posted online this morning.

According to the panel's findings:

The dismissals were "great news," Gwaltney said.

"I didn't think there was any conflict of interest to begin with, and I talked with the state board's legal counsel about it before I even ran four years ago," Gwaltney said. "I'm pleased to have the issue answered and out of the way."

Wagner, a longtime Republican activist and lobbyist, asked Secretary of State Dean Heller last year to look into whether state employees serving in the Legislature had a conflict of interest. After Heller asked for a review Attorney General Brian Sandoval issued an opinion that a conflict did exist.

The state Supreme Court this week ruled on a lawsuit Sandoval filed to enforce that opinion, saying separation of powers prohibited the high court from deciding the issue but there were other ways to challenge legislators who hold public jobs.

Myers said she was pleased -- but not surprised -- by the dismissals.

"We're all involved in public education in some way or we wouldn't be on this board," Myers said. "Does there need to be a disclaimer at the start of every meeting saying that? I don't think so."