County proceeding carefully on lawyer with possible conflict of interest

Tuesday, Nov. 20, 2007 | 7:40 a.m.

Clark County officials are taking an extra precaution before trying to resolve a potential conflict of interest involving the attorney who advises the county on Sunrise Landfill issues.

While working for the county during the past eight years, California attorney Scott Gordon also has represented the county's garbage service provider, Republic Services, in his home state since 2000.

Commissioners learned only last month of his dual roles, which some think are a conflict of interest, especially with the county and Republic discussing who should pay for the higher-than-expected cost of closing Sunrise Landfill.

Commissioners were scheduled to vote today on an amendment to Gordon's $83,200 contract. The proposed changes are intended to make sure Gordon represents the county - not Republic - in discussions with the EPA about how much work is needed to finish closing the landfill. The amendment also waives the possible conflict of interest inherent in his work for Republic in California.

But County Manager Virginia Valentine said Monday the item will be removed from today's commission agenda. The county wants Gordon to obtain an opinion from the State Bar of California on whether the proposed contract amendment is the right way to deal with the potential conflict. Gordon is licensed in California.

The California bar requires attorneys to obtain "informed written consent" from clients when there is a possible conflict of interest.

The Sun reported Monday that the former county staffer to whom Gordon's dual roles were supposedly disclosed in 2000 did not remember any such disclosure. Although county management claims that disclosure occurred, the county has no documentation of it and no records indicating any possible conflict was waived.

The Sun also reported Monday that Gordon had pricey meals in Las Vegas and San Francisco at the expense of Bob Coyle, area president of Republic Services of Southern Nevada. Coyle said the dinners, which cost about $130 a person on average, were business meetings.