Hawk is up in the air over election

By Emily Richmond

Wednesday, Sept. 8, 2004 | 9:37 a.m.

John Hawk was re-elected to the state Board of Education Tuesday, but whether or not he will serve remained uncertain.

Hawk, who was running unopposed, announced his resignation at a special meeting of the board July 28. An opinion issued last winter by the state Ethics Commission determined Hawk could not retain his elected post if the state education board also sponsored a charter high school he had co-founded.

At a hearing last month the commission, which took the unusual step of launching its own investigation into the matter, fined Hawk $1,000 for two ethics violations. The commission determined Hawk did not fully disclose to the education board that he had a financial interest in the charter school and that he should have resigned after the school received tentative approval from the state in May.

Hawk filed for re-election five days prior to the charter school's application going to the state board, despite the commission's earlier opinion. He announced his resignation minutes after the other board members voted at a July 28 meeting to sponsor Nevada State High School.

Hawk later learned he would have to resign a second time if he received at least one vote in the primary.

"I checked with the secretary of state and I checked with governor's office and apparently I can't officially resign from a position I haven't been sworn into," Hawk said.

While the technicalities are hashed out, Hawk said he intends to show up for the state Education Board meeting in Las Vegas on Sept. 17.

"I have some clarification questions I would like the Ethics Commission to answer," Hawk said. "I intend to respect their opinion, but I know my rights as a citizen and as an elected officer to appeal."

Hawk said it's his wife, Wendi Hawk, an assistant principal in Clark County School District, who is handling the daily operations of the charter school, which has 42 students earning dual credits at Nevada State College in Henderson. At its Aug. 26 meeting the Clark County School Board granted Wendi Hawk a yearlong leave of absence, effective Dec. 7.