Hawk rejects education post at swearing-in ceremony

Monday, Jan. 24, 2005 | 9:37 a.m.

CARSON CITY -- John Hawk, re-elected to the state Board of Education from his Las Vegas district in November, spent Friday, his last day on the board, playing a cat-and-mouse game with state officials.

The state Ethics Commission had said months ago that he was ineligible to serve on the board, but Hawk had the state buy him a plane ticket to Carson City for the swearing-in ceremony and left the commission and everyone else in the dark about what he was going to do.

Then, as he stood with the other re-elected board members to take the oath of office Friday, Hawk said, "I cannot accept this position for personal reasons."

He returned to his seat while the others took the oath. His action avoided an apparent showdown with the Ethics Commission, which had previously found him guilty of an ethical violation.

Hawk last week had refused to disclose whether he would serve a second term or resign.

Outside the court Friday, Hawk issued a statement but refused to talk to reporters. He then walked to the office of Gov. Kenny Guinn and handed in his resignation.

The resignation letter was actually addressed to Attorney General Brian Sandoval but was left with the governor's office.

Hawk and his wife, Wendi, are co-founders of Nevada State High School, a charter school in Las Vegas that was approved by the education board. And he and his wife had received a federal grant of about $34,320 for start-up costs for the school from April through June 2004.

His application for a charter school was twice denied by the Clark County School District, and in April 2004 he submitted it to the state board for sponsorship approval.

The state Ethics Commission in August 2004 said that his position on the education board and his founding of a charter high school in Las Vegas created "an inherent conflict in violation of his statutory duties as an elected official."

Hawk had resigned in July 2004 from the state board and was fined $1,000 by the Ethics Commission for failing to fully disclose his financial interest in a charter school and that he had received salary from the federal grant.

The Ethics Commission said Hawk should have quit in May when conditional approval was granted to the school by the state board.

"His compulsion to pursue a charter school has overridden his respect for the ethical-conduct standards of public officers," the Ethics Commission said, adding that Hawk remained on the board while he guided his school through the state approval process.

Hawk had filed for re-election before resigning. His was the only name on the ballot.

Ethics Commission Executive Director Stacy Jennings said two opinions were issued to Hawk that he could not serve on the board as long as he or his wife, Wendi, are affiliated with the Nevada State High School charter school.

In his prepared statement, Hawk said there "is no legal reason why I would not be able to serve on the state Board of Education for the next four years." He said he resigned because his priorities are to be with his family, which includes two young children.

Hawk said he had always conducted himself "with utmost integrity at home, at work and during my tenure in public office."

Keith Rheault, state superintendent of public instruction, said he would have to ask legal counsel Ed Irvin whether Hawk was entitled to state-paid travel to Carson City to a swearing-in ceremony he knew he would not participate in. According to Rheault, Hawk stayed with his mother-in-law, so the state will not have to pay for Hawk's lodging. And because he did not participate in any meetings in the capital, Hawk will not receive compensation for those, Rheault added.

Rheault also said he has received two or three inquiries about replacing Hawk, and he has forwarded those names to Guinn who will make a selection for a person to serve until the next election in 2006.

Rheault said that in his 19 years with the state Department of Education he had never seen anything like what went on with Hawk. There have been resignations, he said, but they were for such things as people moving out of state.

Sworn into new terms on the board were John Gwaltney of Reno, Barbara Myers of Douglas County and Marcia Washington and Merv Iverson, both of Las Vegas. Taking the oath of office for her first term was Sharon Frederick of Las Vegas.

At a meeting later, Gwaltney was unanimously elected president, succeeding Gary Waters of Las Vegas. Washington was chosen vice president and Cliff Ferry of Las Vegas was selected board clerk.