Wednesday, Jan. 5, 2005 | 9:21 a.m.
CARSON CITY -- A panel of the state Ethics Commission has cleared Assembly Speaker Richard Perkins of suppressing an investigative report on Assemblyman Mark Manendo over allegations of sexual misconduct.
The panel Tuesday said there was insufficient evidence to go forward to a hearing of the full commission on the complaint filed by Republican activist Dan Burdish of Las Vegas.
Perkins, D-Henderson, labeled the Burdish complaint a "campaign smear" brought on the day before the election. He said the investigative report was not his to release.
Burdish was irked by the decision of the ethics panel. He said Perkins asked for the investigation, received the report, and then asked for a clarification. To maintain this is a report not subject to the Nevada's open-records law is ridiculous, Burdish said.
Perkins maintained the report was a confidential communication from the staff of the Legislative Counsel Bureau, and thus could not be considered a public document. He said the complaint by Burdish was filed Nov. 1 and was a "desperate attempt to influence the results of an election, not a legitimate inquiry regarding unethical conduct."
During the 2003 Legislature, reports surfaced that Manendo, D-Las Vegas, may have been involved in misconduct toward a female intern in the Assembly. An investigation was ordered and conducted by Lorne Malkiewich, director of the Legislative Counsel Bureau.
Malkiewich said there was never an official complaint filed and when he completed his investigation, he reported to Perkins. He said his communications with Perkins were confidential.
The report is now in Malkiewich's possession alone.
Malkiewich said the law is clear that all matters entrusted to the legislative staff are confidential unless the persons involved request or consent to its disclosure.
"In this instance, some of the people from whom I obtained this information have not consented to its disclosure and others have specifically requested that it be kept confidential," Malkiewich told the panel.
Stacy Jennings, executive director of the Ethics Commission, agreed that the report is not a public record, Perkins is not the legal custodian and he could not suppress a report over which he has no control. She said Perkins had no pecuniary interest related to the suppression of or the public release of the report.
Burdish, in his complaint filed Nov. 1 last year, said release of the report could unfavorably affect Perkins' pecuniary interests by changing the balance of power in the Assembly, prevent him from being re-elected speaker and could affect his re-election.
Burdish said Tuesday that Malkiewich answers to Perkins and added, "We've got a sunshine law and this is a matter of public record."
He said Perkins, apparently acting on the report, "punished" Manendo by taking away his chairmanship of the Assembly Government Affairs Committee. "He (Perkins) publicly slapped him (Manendo) down," said Burdish.
Perkins said Manendo "felt he was a better fit in the Judiciary Committee" where he was assigned.
He said a great many factors are considered in assigning members to the various committees.
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