Making ethics the law

Tuesday, Dec. 29, 2009 | 2:05 a.m.

Clark County Commission Chairman Rory Reid, a Democratic candidate for governor, this month unveiled a proposal to increase ethical standards in government. The plan is worthy of consideration by state leaders and lawmakers.

Government ethics laws in Nevada are easily circumvented, as we noted in Las Vegas City Councilman Steve Ross’ recent case before the Nevada Ethics Commission. Ross’ day job as head of a group of construction unions puts him in conflict when the council votes on construction bids. Before he took the job, the Ethics Commission told him, in no uncertain terms, that he would be facing a serious conflict of interest. Undeterred, Ross took the job.

The commission found him guilty of violating ethics laws by voting on the new city hall project without disclosing his conflict. However, Ross was not punished because the commission found Ross had not acted “willfully” because he followed the advice of the city’s attorney, even though the conflict was crystal clear — just as the commission had predicted.

While saying he is not singling out Ross or anyone else, Reid proposes eliminating the “not willful” defense, which would be a good start toward reforming the law. Now, essentially all public officials have to do is plead ignorance of the law — or hide behind a lawyer — and they’re off the hook. That makes a mockery of the state’s ethical standards.

Reid also proposes a series of other changes, including providing the Ethics Commission with more money so it can do its job quickly and thoroughly. He would also require ethics courses for all state employees, boards and commissions and lobbyists.

Ross is far from the only public official in Nevada with a conflict of interest. We are reminded of that every other year during the regular session of the Legislature, whose part-time members often have very real conflicts due to their day jobs.

One of the most glaring examples is lawmakers who represent groups that regularly lobby the Legislature. Reid rightly says that it should be against the law for sitting lawmakers to lobby state agencies, and it is stunning to think that it isn’t.

In a national ranking of ethics laws last year, Nevada ranked 34th according to the Better Government Association. The Chicago advocacy group also ranked Nevada 40th for conflicts of interest. Those are pitiful rankings, yet they are hardly surprising.

Nevada has a long history of having low ethical standards for public office. Over the years, state leaders and lawmakers have failed to give the law teeth and that has led to a permissive attitude toward government ethics. The result is public cynicism that has only been exacerbated by flagrant wrongdoing and corruption.

We appreciate that Reid has raised public ethics as a campaign issue, including a pledge for openness and transparency in his administration if he is elected. Every candidate for governor and for the Legislature should address this issue. It is clear to us that Nevada needs higher ethical standards and government officials need to be held accountable for their actions.