North Las Vegas Mayor facing ethics hearing

By Aida Ahmed

Saturday, Dec. 10, 2011 | 1:24 p.m.

Less than two weeks after the effort to recall North Las Vegas Mayor Shari Buck failed, she will face an ethics hearing Dec. 14 to determine whether her actions at city council meetings earlier this year could be considered conflicts of interest.

The hearing, to be held by the Nevada Commission on Ethics, was arranged after North Las Vegas resident Scott Sauer filed a third-party request for an opinion on the mayor’s conduct in regard to a meeting about a special election in Ward 4.

The special election in question was the June 7 election between Richard Cherchio and current Councilman Wade Wagner. Results of that election were challenged when it was found that one illegal ballot had been cast.

The council then had to decide June 15 to canvass the votes of that election or hold a special election.

Sauer's complaint, filed July 31, accuses Buck of failing to abstain on the June 15 vote due to her personal involvement as a supporter of Wagner’s campaign. Buck did abstain, but she cited a family member that was a paid employee of the campaign as her reason.

Sauer said Buck's full involvement in the campaign included the use of her office and title, including campaign ads in which she supports Wagner.

Sauer claims other violations occurred when Buck attempted to influence and direct the discussion on an item she abstained from. The first time, he says, she accused the council of taking illegal action.

At the start of the meeting the mayor said, “I have grave concerns that the direction this council has chosen to go in is not only wrong but is illegal.”

He said the second time was at a July 14 council meeting when she was the only person to set a meeting and sign the agenda. Sauer said he felt it was his responsibility to ensure "government is done correct.”

Sauer was originally part of the effort started several months ago to recall the mayor. Due to a lack of petition signatures the recall effort failed.

Buck said she is ready to defend her actions at the ethics hearing.

“I’m looking forward to get my side of the story out,” said Buck, who believes the ethics complaint may be politically motivated and tied in with the recall movement. “It’s really a shame to have used the system in that way.”

Caren Jenkins, executive director of the commission, said a six-member panel will hear from Buck and Sauer, who has been subpoenaed as a witness. There will be a cross-examination period.

“She can either be found to not have violated (ethics laws) or violated some or all ethics laws,” said Jenkins. “If a violation is found then (the commission will decide) whether it was willful, which is defined in statute as an intentional and knowing act.”

If Buck is found to have willfully violated ethics laws, then the commission can fine her up to $5,000 for the first willful violation, said Jenkins, although very rarely is the maximum sentence imposed.

“Each act can be dealt with individually or as one single act, depending on individual circumstances,” said Jenkins. “It’s possible that each violation would be deemed separate.”

Jenkins said in egregious cases of ethical violations, and on the third willful violation, the commission could recommend the person’s removal of office.

North Las Vegas Police Supervisors Union President Leonard Cardinale also filed ethics complaints earlier this year against North Las Vegas Council members Robert Eliason and Anita Wood.

The complaint against those two council members accused them of voting for a special election in Ward 4 and “circumventing the election recount process for which the candidate they were supporting (Richard Cherchio) would have to pay the cost."

The commission chose not to move forward with the complaint, stating it lacked credible evidence for the commission to render if an ethics violation had actually occurred.

The commission will hear Buck’s case Dec. 14 at 8:30 a.m. at the Desert Research Institute phase one building in room 181.