Endorsement raises conflict questions

Tuesday, Oct. 26, 2004 | 9:45 a.m.

A higher education system lobbyist's decision to endorse a candidate for the state Board of Regents has raised a few eyebrows from those in the system.

There's no policy prohibiting Gene Porter, who was recently hired to represent the system in the next legislative session, from endorsing Regent District 13 candidate Gloria Sturman, system officials said. But it may not have been the best idea considering she or her opponent James Dean Leavitt will be Porter's future boss.

"It seems to be a murky area," David Fott, a UNLV political science professor, said. "I can see a possible conflict but not enough to say he shouldn't be allowed to do what he is doing."

A former district judge and state assemblyman, Porter gave a glowing endorsement of Sturman's capabilities that is featured on one of the candidate's recent campaign mailers.

Porter said he agreed to endorse Sturman, a longtime friend, before he was hired by Interim Chancellor Jim Rogers to serve as one of the system's chief lobbyists. Rogers donated $120,000 to the system for Porter's salary and is the direct supervisor for all of the lobbyists.

Porter said he first met Sturman 20 years ago when she helped him in his first campaign for state Assembly.

"This is a special circumstance," Porter said. "I'm not in the habit of endorsing people, but when someone has walked side by side with me in precincts, that's a special bond."

Sturman said Porter has been on her list of supporters since July, and that she didn't see a problem with him endorsing her.

But her opponent does.

"I don't think Gloria intentionally tried to do anything unethical, I really don't. But I was just surprised that, with all the ethical violations being advertised about the board, that she wouldn't understand that it could create a conflict of interest," Leavitt, a criminal defense attorney, said.

Leavitt said he understands that it was in the vein of friendship, but he still believes it was inappropriate.

"Frankly, if they don't see the trouble with it, that's troubling," Leavitt said.

Rogers said he and system attorneys could find no policy prohibiting system employees or regents from endorsing other regents, but he said it's "generally not done because people are afraid it may cause some long-lasting problem."

Rogers however, said he believed Porter and any other system employee would be well within their right of free speech to endorse anyone they wanted.

"In some instances maybe you'd rather they didn't do it, but not enough to say anything about it," Rogers said.

The ethical code for regents in the board's handbook does include a provision restricting regents from asking other regents, the chancellor or system employees for endorsements or to help with their campaigns out of respect for those relationships, but that hasn't stopped regents from at least giving money to fellow regent candidates.

In this past primary, for instance, Regent Mark Alden gave $1,000 to longtime friend Jim Germain, who was running against incumbent Regent Tom Kirkpatrick for the seat Sturman and Leavitt are now competing for. Alden said he went to school with Germain and gave the money as a personal friend, not in his capacity as a regent. He said he gave $1,000 to incumbent Regent Steve Sisolak in his bid for re-election for the same reason.

In Washoe County Regent Howard Rosenberg gave money to one of his UNR students who was running against incumbent Regent Doug Hill. Rosenberg has repeatedly said the donation was to support his student's ambition and was not meant to undermine Hill in any way.

Alden said he saw no problem with Porter's endorsement or with any system employee giving money or endorsements.

"I think anyone can do anything on their own time," Alden said, saying it was an issue of free speech. "I don't know how they could stop it."

Sisolak, however, said he found a system employee's endorsement of a regent candidate shocking. He said giving money quietly is one thing, but outwardly campaigning for one candidate over another created a conflict of interest.

"They are working for the system, so it's going to put that lobbyist in a tough position if, in fact, the person he endorsed doesn't win," Sisolak said. "I think it would be like one of the presidents endorsing a regent candidate. I don't think that would be appropriate."

Sisolak said the issue came up when he first ran for regent in 1998, when then Community College of Southern Nevada President Richard Moore and late Regent Tom Wiesner both endorsed candidates who lost to Sisolak and Kirkpatrick.

"To me it was not as big of a deal as it was to the two people," Sisolak said. "But they were embarrassed and walked on egg shells for a long time because they know that you know" they endorsed someone else for the job.