Contractors board member says he had sought ethics panel opinion on soliciting contributions

Thursday, May 26, 2005 | 9:48 a.m.

CARSON CITY -- Brian Scroggins, a member of the state Contractors Board, confirmed Wednesday he had asked for the advisory opinion from the state Ethics Commission about soliciting campaign contributions in his run for secretary of state.

"I wanted to get permission rather than forgiveness," said Scroggins, who owns United Signs Inc., in Las Vegas.

The Ethics Commission Tuesday issued an advisory opinion that did not disclose the name of the person seeking the advice.

It said Nevada law does not prohibit a member of a state regulatory board from seeking political contributions from those in the industry for his planned political campaign. But it added the person must avoid any conduct that that "may be construed or perceived" as using his position on the regulatory board to assist in his campaign.

The commission, in its 6-0 ruling, said "Public Officer must, therefore, exercise diligence in keeping separate his political campaign and his public office as a member of the state regulatory board."

The commission releases opinions to the public but keeps the name of the individual seeking the opinion confidential.

Scroggins, a contractor, has served on the board for 18 months, and his term expires in November 2006. He said if he is unsuccessful in his campaign, he wants to be reappointed to a second term on the board.

"I went to the Ethics Commission for their opinion because it was the right thing to do," he said.

He said "all individuals with a potential conflict should check before, not after."