Tuesday, June 14, 2005 | 11:04 a.m.
University Regent Jack Lund Schofield's personal endorsement of his chiropractor grandson has raised some eyebrows about the propriety of the plug.
The testimonial letter, which Schofield said is on his personal stationery, lists his title as a member of the Nevada System of Higher Education Board of Regents directly below his name and includes the logo from Schofield Middle School.
The letter may be in violation of NRS 281.481, which forbids public officials from using their position and title to secure advantages for relatives or others they have a direct interest in, Stacy Jennings, executive director of the Nevada Commission of Ethics, said.
The commission would have to make that determination based on the specific facts of the case, Jennings said, which it would only investigate if a complaint is filed.
Jennings said the letter falls into a gray area of the Nevada statute, but that the "high road would have been to leave the (regent) title off."
The letter, addressed to whom it may concern, introduces Schofield as a "Nevada regent, a former legislator, a neighbor, and as someone who takes their health and well being very seriously." Schofield, 82, then goes on to introduce his grandson, Dr. Joseph Nicholas Bananto, a chiropractor who specializes in personal injury cases, and recommends his services.
Schofield said he has not used his grandson's services, but he says he can attest to the value of chiropractic care.
After injuring his neck during a wrestling match when he was in ninth grade to the point where he "couldn't lift it from one side," Schofield said he went to see his cousin, the late chiropractor Emphriam Larson, who promptly put him right again.
"I walked out of there with my neck straight, my head straight and I never looked back," Schofield said. "There has never been any reoccurrence and I am 82 years old."
Dan Klaich, vice president for legal affairs for the university system, said he would have recommended Schofield not use his title on the letter.
"Someone could imply from that placement (the title on the masthead of the stationary) that there is a connection between him personally and that this is being said on behalf of the system," Klaich said.
At the same time, Schofield's use of personal stationary and the way he words the letter clearly identifies it as a personal testimony, so Klaich said he did not think it violated any state ethics laws. The letter did not go through the system office and Schofield did not use any public money in mailing the letter, Klaich said.
Craig Walton, professor emeritus of ethics and policy studies at UNLV and president of the Nevada Center for Public Ethics, agreed that the letter raises some questions but said it does not violate any laws.
Schofield is in the clear there because the stationery is clearly his own and because he is not using his position as regent to endorse his grandson but as part of a list of his other accomplishments, Walton said. The whole left side of the stationery details Schofield's successes, including his six children, 29 grandchildren and 29 great-grandchildren.
For the same reason, the letter's usage of the Schofield Middle School logo does not violate any Clark County School District policy, spokeswoman Pat Nelson said. The school district does regulate how corporate partners may use school logos.
"He doesn't make any claim in it that there is educational value in getting their back twisted," Walton said, chuckling. "He's not making any claims based either on education or policy making or academic considerations. It's strictly a personal testimonial."
Schofield's case differs from the ethics ruling against Las Vegas Mayor Oscar Goodman, Walton said, because Goodman was clearly using his position as mayor to invite other mayors to a party for his son Ross Goodman's company while attending a conference of mayors.
"Oscar was over the line, definitely over the line," Walton said. "He was using his office and his self as the holder of the office. Mr. Schofield is not using himself or the office, he's listing everything he's ever did since Golden Gloves."
Schofield was the Golden Gloves Welterweight champion in 1941, according to the stationery biography.
Still, the letter made some of Schofield's colleagues on the Board of Regents and the Clark County School Board uncomfortable.
"I wouldn't have done it," Regent Steve Sisolak said. "I think we are held to a high ethical standard and its ultimately up to each person to determine what lines should or shouldn't be crossed."
Regent Chairman Stavros Anthony and Regent Bret Whipple said the letter did raise some questions but they ultimately defended Schofield.
"If he did make a mistake it was not with intent to cause any problems to the system or to the regents, because Jack Schofield is an honorable man with a heart of gold who only wants to help the system," Whipple said.
Clark County School Board member Susan Brager-Wellman, whose district includes Schofield Middle School, said adding the campus' logo to a letter attempting to drum up business made her "uncomfortable." Brager-Wellman, who is in her 11th year on the School Board, said she had never heard of a similar situation. "Jack Schofield is a professional gentleman and I would hope that he would realize that putting the school's name on that kind of a letter is inappropriate," Brager-Wellman said, adding the she hoped he cleared the letter with the school district's legal department. "It makes it look like it's an endorsement from the school and that's not right." As a Realtor Brager-Wellman said she is careful to keep her School Board work separate from her own professional life. She said when clients ask her about local schools her standard response is to direct the m to the district's Web site. "I'm very cautious and do everything I can to avoid conflict, to the point that it probably h! urts me professionally," Brager-Wellman said. "But I'd rather be safe than sorry."
Schofield, however, said he didn't understand the fuss over what amounted to a simple testimonial. He said he would have given his testimony to anyone who asked him who he saw as worthy, grandson or not.
"I never dreamed that it would ever be an issue for anybody, and I'm surprised, I'm just totally shocked that it is an issue," Schofield said.
Schofield said he is proud of the school named after him, and uses the logo on all of his personal stationery.
"I take that as such an honor, and for anyone to take an issue with that I think is out of line," Schofield said.
Sun reporter Emily Richmond contributed to this story.
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