Hit with fine, Deane returns focus to work

Thursday, June 10, 2004 | 11:26 a.m.

Clark County Recorder Fran Deane's long journey through a maze of ethical trouble appears to be over.

The recorder, under fire almost since she took office in January 2003, agreed Wednesday that she "willfully violated" one provision of the state's ethics code barring attempts to personally profit from her office.

The Nevada Ethics Commission fined Deane $5,000.

Deane, who could have had a full public hearing and potentially a court trial had she not agreed to the settlement, faced six charges. The ethics commission in March ordered a hearing after a two-person commission panel, following a recommendation of commission Executive Director Stacy Jennings, found credible evidence that Deane had violated the state ethics rules.

If the commission had ruled against Deane on three or more charges, the commission would have had to seek her removal from office under the law.

The commission investigation was triggered by a complaint filed by the Clark County local of the Service Employees International Union, which among other claims alleged that Deane's abortive effort to launch a pay-for-use site for public records constituted an ethical breach.

Deane had admitted investigating the possibility for the company, which would have competed with Clark County's plans to provide the free access to the same records, among them the property-related documents processed by the recorder's office.

Deane and her lawyers had argued over the last year that she did not commit any offense because she had not personally profited from the plan.

However, in response to a series of questions posed by commission Chairman Rick Hsu, Deane said she understood that by agreeing to stipulate to the single charge, she was admitting wrongdoing.

Jennings said following the hearing that Deane's stipulation means that she "has recognized that her conduct was contrary to the spirit and intent of the code of ethical conduct."

Deane now understands the standard of conduct for public officers set by the Legislature and codified in state law, Jennings said: "that a public office is a public trust and shall be held for the sole benefit of the people, and that public officers must commit themselves to avoid conflicts between their private interests and those of the general public whom they serve."

Board member Mark Hutchison, a Las Vegas lawyer, said he supported accepting the stipulation in lieu of a hearing because Deane agreed to be bound by the commission action, that the decision avoided a protracted legal battle, and the single charge carried with it the maximum financial penalty allowed by state law.

"There has been a very strong statement and a very strong message sent," Hutchison said.

Commission member William Flangas, a retired engineer, disagreed.

"Credible and significant evidence suggests that she (Deane) sought economic opportunities and granted unwarranted privileges that suggest her fitness for public office is questionable and therefore a full commission hearing should take place," he said. "The issue remains as to whether an egregious violation of the law has transpired and begs a full commission hearing and a thorough airing out.

"A $5,000 fine and a guilty plea for one count to escape the full consequences is a cheap and unacceptable escape," Flangas said.

The vote to accept the stipulation on the single count was 3-1, with Flangas voting in opposition.

John Moran Jr., attorney for Deane, said the stipulation was an appropriate outcome.

"She didn't intentionally try to do anything wrong," he said. "There was no profit. She has now fully been apprised of the ethics rules."

A public hearing on all charges could have led to a court battle, Moran said.

Deane "did not want to see the resources of the state and taxpayers expended," he said.

"Now we can start the healing process," Moran said.

Deane said she believed that she and her office can put the ethical issues behind her and focus on the job at hand -- providing an essential service to county residents who voted her into the job.

She noted that the recorder's office is still working to deal with a flood of property titles sparked by the county's booming real-estate markets.

"We're just trying to address the volume issues and we'll continue to serve the public the very best the recorder's office can," Deane said. "I'm now going to be able to focus my efforts entirely on an ongoing basis to do the job the most effectively and efficiently it can be done."