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Marveling at the conflicts of interest, corruption tolerated in this state
Sunday, Dec. 13, 2009 | 2 a.m.
Even more striking than Gilman Ostrander’s title of his Nevada history — “The Great Rotten Borough” — is his subtitle: “A lively study of a state whose history has been marked by some odd aspects not anticipated by the Founding Fathers.”
Odd aspects? Yes, the author had a gift for understatement, too.
Ostrander’s history ended in 1964 and oh, what a 45 years he has missed, including a quarter-century of rotten behavior that might have eclipsed the 105 years he covered.
Ostrander’s title/subtitle come to mind after the decision Friday by the state Ethics Commission to find Las Vegas Councilman Steve Ross violated state laws because of the obvious conflict between his elected job and his position as head of the Southern Nevada Building Trades Council. That the commission, after a two-day hearing, reached the right conclusion, despite the laughable addendum they believed the councilman’s behavior was not “willful,” was heartening. But it also highlighted how an obviously unethical scheme was allowed for so long in the still-great rotten borough, given cover by spinning city attorneys and an enabling council.
The economy of Nevada may be at a low point, but the political system may be, too — and I’d hate to think which can go lower.
From Carson City to Las Vegas, state and local governments are populated with too many well-intentioned people who can’t find the fortitude to act and too many inherent weaklings who would rather dither and get re-elected than lead. And those are the ethical ones.
The quality of our public officials is not strained. In Carson City a Democratic-controlled Legislature cared most about maintaining a Democratic- controlled Legislature, overriding The Man Formerly Known as Governor and not allowing Ø to blame them for the state’s budget problems. In Las Vegas a City Council is generally subservient to the outsized personality and ego of Mayor Oscar Goodman, with members creating a de facto strong-mayor form of government. And in Clark County a County Commission, still suffering a G-Sting hangover, is consumed with squabbles and rabble-rousing.
Friday’s ethics hearing, alas, probably changes little because — unless he is recalled — Ross will keep both jobs. And only in the great rotten borough could this not just be tolerated but also sanctioned.
Ross’ taxpayer-funded attorney, Brad Jerbic, inadvertently summed up the overall problem when he told the ethics panelists that poor, aggrieved Ross would have to “be disclosing on everything on that council agenda” under the standard that any item might produce union jobs.
This spectacularly misses the point, which is this: Ross never should have taken the union boss position in the first place. Indeed, the declared public policy of the state says he shouldn’t have: “A public officer or employee must commit himself to avoid conflicts between his private interests and those of the general public whom he serves.” (281A.020, subsection B)
Thus, then-County Commissioner Yvonne Atkinson Gates should not have tried to do business with casinos she regulated. Thus, then-Councilman Michael Mack should not have created a conflict by accepting a loan from an auto dealer regulated by the city. And Mayor Oscar Goodman should not have used a mayor’s conference to promote his son’s business venture.
These, as I have said ad nauseam, are not complicated matters. There may be gray areas with part-time elected officials, but most of these ethics questions, unless you can’t see through the pollution in the great rotten borough, are black and white.
As the Ross case was.
Some of these ethics convictions are thrown out on technicalities by capricious judges. But that only fuels the public’s angst and anger. The only solution may be to make the jobs full-time and pay the elected officials commensurately. But the public will be repelled by such a notion.
Some might hope that Rory Reid really will have a new vision for Nevada or Brian Sandoval might give us a reason to believe again. But the enduring rottenness of the borough explains why the public here — perhaps a microcosm for the country — cries out for a third way, perhaps in the person of a third-party candidate for governor, the state’s most important office. Goodman may possess the perfect conjured populism to achieve such an unprecedented victory, but the coming campaign may be less about him than the idea of someone like him.
The Ethics Commission’s decision in the Ross case, that rare display of accountability, will do little to mollify the electorate because of the absence of any real penalty. And the angrier voters become, the more every incumbent at every level, whether his name is Reid or Gibbons or something else, will be in jeopardy.
Jon Ralston hosts the news discussion program “Face to Face With Jon Ralston” on Las Vegas ONE and publishes the daily e-mail newsletter “RalstonFlash.com.” His column for the Las Vegas Sun appears Sunday, Wednesday and Friday.
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maggots, maggots everywhere...
let's all start squashing us some maggots!!!
Hey Jon: You left out NEW YORK, CHICAGO, BOSTON, PHILADELPHIA, DETROIT, BALTIMORE, ST LOUIS, CLEVELAND, AND WASHINGTON,DC / HEY PAL THERES CROOKS EVERYWHERE.
Jon, I agree with each word of your commentary. Even though it is a sad depiction of a political system charged with making decisions on behalf of the citizen's of Nevada. But for a moment let's look at what the system arms its' citizen's with by way of laws to oust a rotten politician. The Nevada Ethics Commission is there to serve the public. Albeight a very complex set of laws that often times one needs a lawyer to interpret, any citizen may file a complaint. The Ward 6 citizen's who decided to use this commission, established to serve them, did so and while I think the majority of people believe Ross "knew or should have known" he was voting on issues in which he had a conflict, and therefore did so "willingly", the fact is the Ethics Commission charged him with three violations. In addition, they warned him to disclose and abstain on any votes that have even a possibility of downstream union jobs. Now, the citizen's have another Nevada statute that affords them the right to take the action the Ethics Commission and Ross chose not to; force an unethical public officer from office. NRS 306 was revised in the 2009 session to make it much easier to recall a public officer. Once again the laws are complex and it takes hours of time and effort, but it places the decision back in the hands of the voters in Ward 6. In reality, citizen's have tremendous power, but it's a full-time job to monitor, judge, and take action. But if the public desire if for honesty, integrity and ethical representation, then it is time well spent.
What is all this stuff about CC Republican committee members resigning in mass? I heard it on the local nut-bar talk radio station, where one blowhard has a dual position of talk show host and secret REPUBLICAN AGENT. AND Secretary of this bunch of losers.
it doesnt matter as the SUN supports the worst of the corruption.
It would be refreshing if common ordinary everyday citizens would run for office, instead of these tainted individuals that have sold their souls to the "party" for funding.
But, common ordinary everyday citizens don't have a snowballs chance in hades, because the common ordinary everyday citizen votes for the person who has the most signs on the side of the road, and does not invest any time or attention in researching who they vote for.
Our system of government is rife with corruption, and we all know it, and until WE THE PEOPLE do something about it the behavior will continue.
It does take time and effort. It is the price of democracy.
What other job is there out there that you hire someone to do a job but you don't pay any attention to what they do for 4 years?
Jon
The mob never went to prison, they got elected.
Ironically, more literal for some than for others.
Jon:
The problem is not the Ethics Commission, or even Councelman Ross or the MFKAG. The problem is the voters. Until the absence of leadership has a result at the ballot box, elected officials will act as they have always acted. The will not change their ways until they think a change is required to stay in office. If Councelman Ross is re-elected, it will signal that the voters care even less about unethical conduct than you or I would hope. Anyone want to make book?
"...The economy of Nevada may be at a low point, but the political system may be, too -- and I'd hate to think which can go lower...."
Hey Jon, they go hand in hand. One in the same. Twins by any other name.
It's the paid off Politicos and their Pals that looked the other way on all of this ruination.
And both still got a long, long way to go - down...
Try not to think about it.
Don'tcha just love the portrayal of our home place in this period piece?
As usual, Ralston nailed it. We're lucky we got an angle-artist and wordsmith to work the mirror and catch a glimpse out of the fog of the present to look back and see the what and its why.
Hey Jon
Don't be so naive. This whole country is corrupt from top to bottom.
Don't you watch the news?