U.S. Supreme Court to consider Nevada ethics law

By Cy Ryan

Friday, Jan. 7, 2011 | 4:27 p.m.

CARSON CITY – The U.S. Supreme Court has agreed to consider whether part of Nevada’s ethics law violates the constitutional right of free speech by elective officials.

Caren Jenkins, executive director of the Nevada Commission on Ethics, said the high court is expected to hear oral arguments in April on the petition filed by the commission.

Jenkins said the Supreme Court will consider whether the U.S. Constitution prohibits the commission from placing restrictions on the free speech rights of elected officials.

The ethics commission last year censured Sparks City Councilman Michael Carrigan for his vote to approve the application of a company that wanted to build a hotel-casino in the city.

Carrigan had a longtime professional friend, Carlos Vasques, who served as his campaign manager and worked as a consultant for the hotel-casino project.

Carrigan, on the advice of the city attorney’s office, disclosed his relationship with Vasques and voted for the project. It wasn't approved.

Nevada law requires public officials to disclose possible conflicting relationships before voting, and in some cases refrain from voting.

The Nevada Supreme Court ruled the law “tends to chill the exercise of First Amendment Rights …”

The Nevada law says a public official shall not vote on issues involving a member of his or her household, a personal relationship, an employer or one with whom he or she has a business relationship.

The section declared invalid said the public official shall not vote where there is “any other commitment or relationship that is substantially similar to a commitment or relationship described in this subsection.”

The Nevada court said that section doesn't inform or guide the public officer as to what relationships require someone to abstain from voting.

John T. Moran III, the chairman of the ethics commission, said this is a “remarkable opportunity to place Nevada in the forefront of ethics law.” He said the decision by the Supreme Court “is sure to provide guidance to the entire nation as the public trust becomes more and more important to our governance.”