News to lawmakers: County’s lawyer also works for other side

By Tony Cook (contact)

Thursday, Oct. 11, 2007 | 6:46 a.m.

Since 1999, Clark County has awarded California attorney Scott W. Gordon more than $368,000 in contracts for his advice on Sunrise Landfill, the former dump that has been a source of contention among the county, garbage company Republic Services and federal regulators.

But for much of that time, Gordon also was paid by Republic Services as one of the company's attorneys in California, the Sun has learned.

On Wednesday, that revelation stunned some Clark County commissioners, who said they were never told about Gordon's dual roles.

"It's a conflict of interest," Commissioner Chris Giunchigliani said. "We should have been informed."

Commissioner Bruce Woodbury said he does not remember being told about Gordon's work for Republic. A phone call from the Sun was the first he had heard about it.

"That would be a very big concern," he said. "If the facts turn out to be anything like you're telling me, then that's a conflict of interest that needed to be disclosed and weighed by the commission."

Gordon did not return phone calls from the Sun.

County spokesman Erik Pappa said Gordon's work for Republic had been disclosed to some county managers, none of whom still works for the county.

"They agreed this posed no conflict," Pappa said.

He could not explain, however, why commissioners were not informed. He said County Manager Virginia Valentine learned of Gordon's dual roles Wednesday and had not had time to review the issue.

"The county intends to look into it further," he said. "A decision was made in the past, and we are going to revisit it."

Gordon's work for Republic in California is "wholly unrelated to Mr. Gordon's work for Clark County in dealing with the (Environmental Protection Agency's) compliance orders," Pappa said.

The concerns are the latest in a long line of controversies stemming from the Sunrise Landfill.

The dump was closed in the early 1990s, but its cap broke during a 1998 rainstorm, sending streams of garbage into the Las Vegas Wash. The EPA ordered Clark County, which held the lease for the landfill, and Republic Services, which operated the dump, to clean up the mess and properly close the landfill.

Under a 1999 deal, Republic agreed to take care of the cleanup and closure, and in exchange the county extended Republic's exclusive trash hauling contract for 15 more years, to 2035. Commissioners voted in favor of the deal without discussing it.

The most recent controversy came in May when Republic requested that the county increase rates to help pay for the closure. To many residents, that seemed like a bait-and-switch. The county is still considering that fee increase, even though its deal with Republic says the county is under no obligation to let the company off the hook for the project's costs.

Bob Coyle, president of Republic's Southern Nevada operations, said the company hired Gordon in 2000, in part because of the caliber of his work for the county.

"That's how the company got to meet Scott," Coyle said. "Republic was very impressed with Scott's knowledge and presentation skills."

In early 2000 Republic acquired a waste management company with operations in Northern California. Gordon had represented the company, and Republic decided to retain him.

Since then, Gordon's work for Republic has expanded, but has remained solely in California, Coyle said.

Coyle said he did not know how much Republic has paid Gordon over the years.

Coyle also said Gordon's work for the county has nothing to do with Republic's proposal to increase rates to pay for the landfill work.

"I don't see how it could be a conflict of interest," Coyle said. "He is on the same side of the negotiating table that I am. He has nothing to do with the surcharge or who is going to pay to close (Sunrise Landfill). All he is trying to do is keep the costs down."

But during commissioners' May discussion on the fee increase, Gordon answered questions as the county's attorney.

"We are in the delicate and what will hopefully be final discussions with the EPA," he said at the time.

Commissioners were going to take up the fee increase again next week, but that topic has been put off until November, Pappa said.

Woodbury, meanwhile, said he wants to hear from the district attorney regarding the county's responsibility for paying for the additional landfill cleanup costs.

The 1999 deal between Republic and the county estimated the cost at $36 million. Republic has spent more than $28 million, and the EPA estimates it will take $36 million more to properly close and maintain the landfill. The deal says Republic can seek a rate increase if costs exceed $36 million, but that the county is not required to grant the request.