Ethics Commission: Regulatory board member can seek campaign donations

Wednesday, May 25, 2005 | 9:55 a.m.

CARSON CITY -- Nevada law does not bar a member of a state regulatory board from seeking campaign contributions from those in the industry the board oversees, the state Ethics Commission said in an advisory opinion released Tuesday.

However, the commission, in the 6-0 advisory opinion, said the official, who was not named in the opinion, must avoid any conduct that "may be construed or perceived" as using his position on the regulatory board to assist in his campaign for elected office.

"Public Officer must, therefore, exercise diligence in keeping separate his political campaign and his public office as a member of the state regulatory board," said the commission.

The person who asked for the opinion told the Ethics Commission that if he loses in the 2006 election, he will seek re-appointment to the board for another three-year term. And he plans to make his announcement soon for public office.

His position on the regulatory board requires that he be a licensed member of that industry.

The law, the commission noted, prohibits a public officer from using his position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for himself.

In this specific case, the commission said, "The conflict is built into the law by the Nevada Legislature in the statute that requires the majority of the members of the state regulatory board to be licensed industry members."

It said the law "does not prohibit public officer from being a member of the state regulatory board while soliciting and/or receiving campaign contributions and political support from licensed industry members.

"He is, however, prohibited from using his position as a member of the state regulatory board to benefit his political campaign," said the commission.

The law, the commission said, "does not require a public officer to disclose campaign contributions that have been reported .. in a timely manner." It was referring to the law that requires candidates to file public reports on their campaign contributions and expenses.

This individual is not prohibited from disclosing any large campaign contribution that may have an impact on his independence of judgment.