Commissioner Maxfield cleared of ethics violation by state panel

Thursday, Sept. 29, 2005 | 10:07 a.m.

CARSON CITY -- Clark County Commissioner Chip Maxfield has been cleared of an ethics complaint that alleged he voted against a zoning change to retaliate against an opponent in a civil suit.

A panel of the state Ethics Commission said Wednesday there was no evidence that Maxfield violated ethical standards in a vote in March 2001 on a zoning amendment proposed by Brent Lovett, who filed the complaint.

The complaint said Maxfield directed Clark County Deputy District Attorney Robert Warhola to "wage a litigation war" against Lovett, who said Maxfield voted against him because Lovett testified against the commissioner's firm in a construction defect lawsuit.

Lovett complained Maxfield failed to disclose his involvement in the construction defect suit or to abstain from voting on a requested zoning variance.

The ethics panel, composed of George Keele and Jim Kosinski, said there was no evidence Maxfield knew of Lovett's involvement in the unrelated suit at the time of the variance vote.

The ethics panel pointed out that the zone-change application was voted on March 7, 2001, and Southwest Engineering was not brought into the construction defect suit until Aug. 29, 2001.

"Therefore, Mr. Maxfield had no obligation to disclose or abstain," the panel said. "Further, the panel found no evidence to support the allegation Mr. Maxfield used his position in government nor any county resources to harass or retaliate against Mr. Lovett in any manner."

In two other rulings, a panel dismissed complaints against two members of the state Board of Education involving their votes on charter schools in Las Vegas and Reno.

An ethics panel cleared Theresa Malone, a former member of the board from North Las Vegas, and present board member Barbara Myers of Carson City. The complaints were filed by Frank Mitchell, the administrator for the Clark County Team Academy, an on-line high school chartered by the Clark County School District that later revoked the charter. The school closed.

The Team Academy also operated an on-line operation with the Team A Charter Academy in Washoe County. But Team A severed its relations with the Clark County operation and applied to the state Board of Education for sponsorship.

Mitchell alleged that Malone and Myers voted to sponsor the school in return for endorsement in their upcoming elections. Malone ran unsuccessfully for the state Senate, and Myers was re-elected to the School Board.

The ethics panels, composed of Rick Hsu and Caren Jenkins, said there was no evidence either woman acted inappropriately nor did they exchange their support to benefit them in the elections.

The panels also rejected the allegation that the two board members caused the Las Vegas charter school to close by preventing it from collecting public monies.