Monday, Nov. 8, 2004 | 10:57 a.m.
The Clark County Commission's incoming rookie wants to further restrict campaign fundraising for commissioner races, even as his colleague Lynette Boggs McDonald just raised the most money ever for such a bid.
Tom Collins, a five-term member of the Assembly, promised before last week's election that campaign finance reform for the commission would be a priority. He won 55 percent of the votes cast in District B, which includes much of North Las Vegas and other parts of north Clark County.
Collins fleshed out his finance proposal over the course of the last several weeks. The central idea is simple: Incumbents or challengers for county commission seats would only be able to take campaign contributions in the calendar year of their election.
"I hope the board will want to do this," he said. "We've got to give the appearance of more honesty. The whole intent is to encourage an appearance of honesty and ethics in government."
He hasn't yet worked out the details as to how his proposal might be implemented, whether the county itself can adopt this proposal and extend it to would-be challengers, or whether the proposal would have to be implemented by state law.
Collins said the proposal wouldn't eliminate the possibility of commissioners trading votes for campaign cash because commissioners would still be ruling on decisions affecting contributors in the election year. But, he adds, it would mean only "one bad year out of four."
"Three years at least (would) appear to be clean," Collins said.
Laws already exist that prohibit any explicit trades of votes for cash or favors, including campaign contributions. At least three former commissioners and a sitting commissioner are facing federal indictments for allegedly violating those laws.
Commissioner Mary Kincaid-Chauncey and former Commissioners Dario Herrera and Erin Kenny are charged with taking money from a local strip club owner in exchange for support on issues affecting the adult entertainment industry. Former Commissioner Lance Malone is charged with acting as the go-between in the alleged deals.
Collins knocked off Kincaid-Chauncey, who has denied any wrongdoing, in the Democratic primary in September.
Until this year, Kenny and Kincaid-Chauncey had collected the most money for commissioner races. Kenny, in 1998, and Kincaid-Chauncey, in 2000, each topped the $1.2 million mark.
In the November election, Commissioner Lynette Boggs McDonald set a new record with more than $1.3 million taken in by late October, including tens of thousands from businesses and individuals with issues before the commission.
Boggs McDonald wasn't available for comment late last week, but she has said that contributions do not in any way affect her decisions on the county commission.
In any case, Collins' proposal would not have affected Boggs McDonald's record-setting pace of contributions. Boggs McDonald's re-election effort started in April, the same month that she was appointed to the board to replace resigning commissioner Mark James.
While it is unknown whether Boggs McDonald, a Republican, will buy into Collins' idea, the Democrat does already have allies elsewhere. Assemblywoman Chris Giunchigliani, D-Las Vegas, chairwoman of the Assembly Elections, Procedures and Ethics Committee, said that if the county fails to act, the Legislature will take up the issue.
Giunchigliani, who said she is at least considering a run at a commission seat at some point, noted that the Legislature bars contributions to members of the Senate or Assembly during and around sessions.
"I think it's high time that we were consistent for all those seeking public office," she said. "If local governments have not enacted their own ordinances to restrict contributions, we'll take a look at it for sure. At least the Assembly will.
"Any reasonable person would embrace the concept."
Giunchigliani already has a bill draft that would require greater disclosure of potential conflicts for public officials. She could attach the requirement affecting Clark County officials, and potentially other local government officials, to the same bill as an amendment.
Paul Brown, Southern Nevada director of the Progressive Leadership Alliance of Nevada, said Collins' proposal is a good one.
"It's a good thing," Brown said. "The Legislature already does that. Currently on the county level and on the city level, you can get a check the same morning and then vote on an issue (affecting the contributor) in the afternoon.
"It gives the appearance of corruption, and God knows we don't need that at the county."
Brown said the mechanisms of funding restrictions might be difficult, however, because, unlike the Legislature, the county commissioners "meet while they are actively running for re-election."
Still, he said, Collins' proposal could have an impact.
"I don't think it's cosmetic at all," Brown said. "We're not going to totally eliminate the conflict, but we can take steps to reduce it. It certainly is doable. It's a good step. Good for Tom. His first piece of business, I like."
Commissioners Myrna Williams and Bruce Woodbury said they need to hear more details on the proposal, but are unsure if the county can move on the issue alone.
"I don't have a problem with something like that myself," Woodbury said, "as long as you can apply it uniformly and not give non-incumbents an unfair advantage. I don't think county commissioners or other elected officials ought to be raising money until you get within a year of the election or thereabouts."
The county commission might be able to draft such a rule to cover sitting commissioners, but there might be constitutional conflicts with efforts to extend the rule to challengers, said Woodbury, who is a lawyer.
"If you don't have legislation, how do you apply it to non-incumbent candidates?" he said. "It would probably take legislation."
Commissioner Rory Reid said he also is open to talking about Collins' proposal, and potentially going to the Legislature to make it law.
"There's a perception of a problem at least," Reid said. "The question is whether this is the right way to deal with the problem and whether this is constitutionally permissible.
"Is it constitutional and fair, and is it the best way to improve the perception problem that is obvious? "
Commission Chairman Chip Maxfield said he would be very careful before implementing a new campaign finance policy, or advocating such a change on the state level.
Maxfield said that with his campaign and others, few commissioners start fund-raising for the commission re-election in earnest more than a year out anyway. He also said the issue driving the large amounts of money needed is not the time involved, but the cost of mounting a successful effort.
"Campaigns are very expensive. Media raises their rates during campaign season. Getting any kind of message out is very expensive. You have to have some way to get your message out."
And ultimately, those who want to avoid the rules will find ways to do it, he said.
"The important element of all of this is the character, the principles, the moral and ethical beliefs of individuals," Maxfield said. "People who want to disobey the law are going to disobey the law.
"Whoever is in elected office has a responsibility to serve with a high ethical and moral character. It really doesn't matter when they collect money."
Collins said that while the proposal won't necessarily work miracles, it is a step in the right direction.
"There's a whole lot of people in government who are honest, who don't trade votes for dollars," he said. "But there is the appearance issue. We can do something about that."
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