LV City Councilwoman testifies before Ethics Commission

Is it fair to indict someone because of perceived illegal activities? No, it's not fair, however, and there must always be that however thrown in, when the person being discussed is an elected official, the perception sometimes leads the pack rather than truth. That seemed to be the message recently from the Nevada Ethics Commission. Up for discussion was the appointment of Las Vegas City Councilwoman Lynette Boggs-McDonald to a paying position on the board of directors of Station Casinos, a large landholder and casino operator in Clark County.

The position pays $50,000 annually, as compared to the $41,000 yearly salary at city hall, and the appointment raised more than eyebrows. The ethics commission found no violations of state law but cautioned the law maker about disclosures at every opportunity.

The commission, in a formal and unanimously passed resolution, told Boggs she must "make full disclosure in compliance with the statutes and abstain in accordance with the statutes." Boggs was called on to disclose even the smallest nexus between issues that might involve Station Casinos and city council.

Boggs's appointment was verified in a press release from Station Casinos on July 24 of this year. The republican city council member had made a run for congress in 2002, She became a member of the Las Vegas City Council in 1999, won reelection in 2001, and has also owned her own public relations firm in Nevada's most populated county.

During the ethics committee hearing it was disclosed that Boggs herself had asked for the advisory opinion, and also wished the meeting to be public. Commission chairman Thomas Sheets declared that Boggs must go beyond the normal requirements of the law and offer explanations even when she determines it's OK to vote on an issue.

"The more thorough the disclosure the better," Sheets is quoted as saying. Others at the hearing emphasized the perception rather than the actual ethical problem. During a recent city council session, 13 items to be considered dealt with gaming or liquor licenses, and Boggs, despite declaring her affiliation with Station Casinos, voted on every single one.

In the words of one ethics commissioner, Todd Russell, "Every issue may have complications." As an example, any gaming venture approved by the council might be viewed as competition to Station Casinos.

Former Clark Commish Indicted

Former Clark County Commissioner Erin Kenny, a Democrat, has been indicted by a federal grand jury, and according to her, she will be cooperating with federal investigators. The indictment, still sealed, is a part of an ongoing political corruption investigation dealing with skin joints, possibly land developers, interstate white slavery trading, possible money laundering involving off shore banking, and bribery of public figures.
Kenny was elected to the Nevada Assembly in 1992 and became a county commissioner in 1994 and reelected in 1998. She ran for lieutenant governor on the democratic ticket in 2002 and lost. Her law degree comes from Boyd School of Law at UNLV, but records indicate she failed her bar examination.

Among the current county commission, Mary Kincaid-Chauncey is up for reelection this time, and has been identified as a target of the investigation as well. Usually, being named a target leads to an indictment. Other current commissioners facing reelection are Bruce Woodbury, Chip Maxfield, and Yvonne Atkinson Gates. None of those commissioner's names have surfaced in the investigation, nor have any county staff members been named in any of the allegations.

Three other commissioners, Myrna Williams, Rory Reid, and Mark James are not scheduled for reelection, and have not been mentioned in any of the investigations.

The investigation, often referred to as the "Galardi Investigation," centers around the activities of the Galardi family, their girly clubs in Las Vegas and San Diego, but now may extend into activities of land developers. Three San Diego city council members are under investigation. Allegations of wrong doing, possible bribery and fraud, have moved into the construction and land development areas. Kenny was heard on a telephone intercept discussing how to hide some $200,000 in off shore bank accounts. Some investigators believe that money may have come from one or more developer. There is also the same question about $100,000 that Lance Malone, a former county commissioner and former cop, was reportedly flashing about.

At this writing, there are no court dates being made public, and the indictments remain sealed.

Recall a Lame Duck? Tough to do.

Following the 2003 legislative session, several groups indicated they were going to attempt to recall Nevada Governor Kenny Guinn, and also six members of the Silver State's Supreme Court. Legislators were stymied in their attempts to pass the state's largest ever tax increase by a law that mandates a two thirds majority of each house to increase taxes.

To recall the governor or any of the justices will take an almost Herculean effort in Nevada. To get a petition to recall accepted by the secretary of state, will take at the minimum signatures totaling 25 percent of the total vote cast in the election that saw the challenged official winning. Not just in his race, but the total vote cast in that election.

To remove the governor would mean there would have to be at least 128,109 verified signatures, and those attempting this recall only have 90 days in which to get the signatures. It doesn't end there, for to recall an elected official in Nevada there must be a candidate to take his place, and to be such a candidate would require signatures again totaling that 25 percent of votes cast in the process that saw the election of the person up for recall.

Nothing came of the calls to recall six of the supreme court justices, but a group has been working to get signatures on petitions calling for the recall of Guinn (www.recallguinn.com). The campaign is not generating long lines of those wishing to sign the petition and it's anticipated the attempt will fail.

The legislature failed to pass a tax package during the regular session and twice Governor Guinn called special sessions. Eventually, the frustrated governor called on the supreme court for help, and the court helped. They set aside the provision in the constitution that calls for a two thirds majority vote on any tax increase. The legislature on its own, despite the court's ruling, finally passed an $836 million tax package by that two thirds majority.

That two thirds majority constitutional amendment came by way of citizen petitions. Twice the voters of Nevada accepted the amendment, and twice the legislature also voted in favor. Ironically perhaps, the governor signed off on the measure. Guinn is a lame duck governor at this time because of term limits, but before his time in office is up, he will have to face one more legislative session, and hard feelings from 2003 may carry over.

For the first time in many years the Republican party, if not fractured, is divided over this issue. Guinn is a republican and now is in the history books as calling for the largest tax increase in the state's history, and a faction of republican assemblymen were responsible for holding that tax increase as hostage, calling for a much smaller tax package.

Some members of that coalition have indicated a willingness to compromise with the governor while others have joined the recall movement. Senate republicans meanwhile have mostly supported the governor. The entire assembly must stand for reelection in 2004, and Guinn has indicated that he just might withhold support from some of those who opposed his tax increase.

For a complete look at recall and other voting procedures in Nevada, go to the secretary of state's web site, www.sos.st.nv.us.

Are We Safe? Crime in Nevada

Figures released recently by Nevada's Department of Public Safety indicate we might not be quite as safe currently as we have been in the past. In fact, it appears the statewide crime rate exceeds the population growth rate in 2002 (www.ps.state.nv.us). While the population in the silver state jumped almost five percent, crime, or least the number of criminal offenses jumped more than nine percent.

That figure might be a little misleading since a single burglar stealing the stereo from your SUV might be committing more than one offense during the operation. The report indicates that only about a quarter of those offenses have been what they call cleared, that is, solved. There were 98,396 criminal offenses reported statewide in 2002.

According to some figures, that total represents about 45 crimes per 1,000 population, and that ranks behind our crime rates in 1995 and 1997. Those who feel statistics like this are important, say the national figure in 2001, the last year that these figures are available nationally, was 42/1000.