Developer files ethics complaint against Maxfield

Friday, Sept. 17, 2004 | 9:32 a.m.

A developer with a long history of conflict with Clark County has filed a complaint with the Nevada Ethics Commission alleging that county commission Chairman Chip Maxfield improperly voted on issues affecting the developer's company.

Brent Lovett, a developer associated with numerous companies including Matrix Construction Co., filed the complaint, which alleges that Maxfield "saw fit not only to go after the applicant and his businesses, but every individual that dared to conduct business or form a professional relationship with the applicant."

The complaint to the ethics commission charges that Maxfield has used his position to cut off business opportunities in in the county and in the jurisdiction of Las Vegas.

Maxfield did not return phone calls seeking comment on the allegations Thursday.

Dan Hart, a consultant to Maxfield's campaign, called the complaint baseless.

"It's unfortunate that some people use the ethics commission for political purposes," Hart said. "It's curious that a fellow that received a unanimous vote against his commercial development in a residential neighborhood has chosen to smear the reputation of one of the commissioners during this election."

Lovett has ongoing litigation against the county related to his operation of numerous businesses from a residentially zoned site at Buffalo and Alexander roads. Lovett sought a zone change to allow business operations at the site, which the county commission denied in 2001.

Sergio Salzano, a lawyer representing Lovett, said the complaint does not stem from the denial of the zone change, but from Maxfield's alleged persecution of Lovett. Salzano said Maxfield's former company, Southwest Engineering, was named in a construction-defect lawsuit three years ago at which Lovett testified for the plaintiffs.

The construction-defect suit has been settled, but Salzano said in the complaint letter that Maxfield has "directed the office of the District Attorney, specifically Rob Warhola, to wage a litigation war against the applicant... (who) has been the victim of numerous frivolous citations."

Salzano said Lovett has received 17 citations from Clark County over the last three years.

"It would be hard to draw any conclusion but ... that somebody had it in for Mr. Lovett," Salzano said.

Maxfield, a Republican, is facing Democrat Jerry Tao, Clark County deputy district attorney, in the Nov. 2 general election. Salzano said Tao "has not been in any way, shape or form involved with these charges."

Tao, who called Maxfield's part-ownership of Southwest Engineering a chronic conflict of interest before the county commission chairman divested his interest in the company last month, did not immediately return calls Thursday.

Salzano said, however, that Lovett does have a political motive.

"It would be dishonest or disingenuous to suggest there is not a political motive involved," Salzano said. "He's doing this so people can know and understand the situation he was placed in because of Mr. Maxfield's actions."

Don Burnette, Clark County administrative services director, said the ethics complaint is the latest chapter in a long period of conflict between the county and Lovett.

"The county has repeatedly cited Matrix Construction for violations of the county's land-use code," Burnette said, "specifically operating a commercial business from property zoned residential. The county is currently involved in litigation regarding the zoning of the property.

"These complaints were brought to the county's attention by neighboring property owners," he said. "The county is aware of 17 businesses that are on record with the (Nevada) Secretary of State's office being tied to that address.

"Not all have business licenses," Burnette noted.

Tony Burges, a neighbor of the Buffalo and Alexander site, said that Lovett has been a problem in his area for years and that the source for complaints has been the homeowners, not Maxfield.

"We've called the (Clark County) Public Response Office many times," Burges said. "He (Lovett) grabs at the damnedest things, that guy. He does what he feels like when he feels like."

Stacy Jennings, Nevada Ethics Commission executive director, said by policy the commission does not confirm or deny the existence of a complaint.

She said if a complaint is filed, it usually takes at least three months to determine if the commission has jurisdiction and to schedule a hearing. Jennings said an election campaign would not affect the timetable or outcome of a complaint investigation.