Government Employees Who
Serve in the Legislature May Need Remedial Courses in Ethics
by Johnny Gunn
The 2004 political season is well
underway in Nevada, with charges of conspiracy to defraud, charges of double
dipping, and of course, petition drives border to border. Among the races to
watch this year will be the republican primary challenge for State Senator
Ray Rawson’s seat by State Assemblyman Bob Beers. Rawson is the Dental
program director at Community College of Southern Nevada when he’s not
serving in the senate.
Beers is one of the strong supporters of
a statewide petition drive to make it illegal for a government employee to
serve in the legislature. Beers has said those who hold government jobs are
constitutionally prohibited from serving in the legislature. In his words,
“You don’t stop being a legislator when the session is over.” A 30-year-old
attorney general’s opinion differs on that subject.
Rawson maintains he is not a lobbyist
for the university system just because he works for the system. In a
development dealing with Wendell Williams, the Las Vegas city employee
steadfastly maintains that he has been in essence, a paid lobbyist for the
city while working as a legislator.
There are nine legislators who also work
for the university system, three of them part time, and one just retired,
and overall, 14 of the 63 legislators held full time jobs with governments,
schools, courts, or the university system. According to an attorney
general’s opinion issued by AG Bob List more than 30 years ago, this is not
a violation of the state’s constitution.
Secretary of State Dean Heller feels
it’s time for another opinion and has asked AG Brian Sandoval to issue an
opinion on whether government employees can serve in the legislature.
Within the University System, none of
the legislators took sick leave while some took vacation days, and they got
paid for it. Others took leaves of absence, calling it the ethical thing to
do, and did not receive pay for their time in the hallowed halls of Carson
City.
All of the employees of the University
and Community College system of Nevada did receive their medical benefits,
even if they were on a leave of absence during the time they served. This is
a policy of the University System Board of Regents, a policy that considers
legislative service a benefit to the university system.
So, the question remains, who is right?
Senator Rawson contends he is not serving two heads, the university system
and the general public. Assemblyman Bob Beers calls it in direct violation
of the constitution. Wendell Williams contends he was serving the city and
the electorate. The Board of Regents contends those in the legislature serve
the university system and the electorate.
One of those who took a leave of absence
from her job as political science professor at UNLV is Senator Dina Titus,
and she has said more than once she has caught grief for not supporting the
university system with her votes and advocacy. She has had public run ins
with former UNLV President Robert Maxson. Titus is also furious that the
actions of those she feels are ethically challenged taint her position in
the legislature.
Within the ranks of those who serve in
university system jobs, and serve in the legislature, there really isn’t a
break politically, as can be seen in this report:
Senate
Dina Titus, D-Las Vegas
Dennis Nolan, R-Las Vegas
Ray Rawson, R-Las Vegas
Assembly
Jason Geddes, R-Reno
Ron Knecht, R-Carson City
Chris Giunchigliani, D-Las Vegas
Marcus Conklin, D-Las Vegas
Ellen Koivisto, D-Las Vegas has retired
from university
Mark Manendo, D-Las Vegas is a CCSN
recruiter
The noise level right now is not
particularly high, but you can bet that as the political season warms up
there will be many charges of financial abuse of the ethical questions, as
well as charges of criminal activity. Before the legislative session of
2005, calls for a stronger ethics law dealing with these questions of ‘who
does one really serve’ will be called for as well.
Ever Thought About Running
For Public Office?
Read This and Shake Thy Head ...
By David Thompson
There are many questions one must ask before giving in to
the urge of running for public office. This list of questions should be
answered, and then the big question, do you really want to open up your
private life to anybody who feels it's necessary to investigate every moment
of your life and its consequences.
“How can you get your message across? How will anyone even
know that you’re running for office? How do the other candidates do it? With
signs, billboards, radio and television commercials? Doesn’t that cost
money? How much do you have? Will you have to raise money from other people?
What does the job pay? How much does it cost to get
elected to the job? If the cost of election exceeds the annual salary of the
position, how can you, as the office-holder, be your own man? Don’t you owe
your elected position to special interests, in direct proportion to the
discrepancy between what you have and what you must raise?
Should you repay the special interests somehow? What can
you expect to happen if you don’t? How can the special interests be repaid?
If you, the office holder can’t pay them back from your own money, don’t you
have to play favorites? Don’t you have to use public money or assets to
repay the favors showered on you? Who loses then? How fair can such a system
be?
What if you’re honest? If very many of the other
office-holders reward the special interests who helped to get them elected,
what happens to the honest office holder who doesn’t believe in playing
favorites? How many terms can you hope to serve? How will anyone even know
whether you are or were honest?
Do you think the system might have some problems? What
about campaign finance reform? When was the last time you asked your elected
officials to vote for it? Any more questions?”
Some Facts and Figures
Campaign
finance reform legislation has not gotten out of committee at recent
sessions of the the Nevada Legislature, nor have serious and comprehensive
ethics rules and laws. The 2004 election cycle is just now starting, and
it’s already hot, soon to be blistering, and questions of campaign finance
and ethics should play a large roll in the election of our state
representatives.
Here are
some figures that aren’t normally bandied about, but that can stir up a good
debate at any time. Look them over carefully.
| |
| Elected Position |
Annual Salary |
Contributions to Winner |
| Governor |
$117.000.00 |
$3,072,983.37 |
| Lieutenant Governor |
$50,000.00 |
$798,659.32 |
| Attorney General |
$110,000.00 |
$1,390,729.61 |
| Secretary of State |
$80,000.00 |
$41,450.00 |
| |
| State Assembly |
$6,800.00 (base salary) |
|
| Wendell Williams |
|
$46,006.00 |
| Bob Beers |
|
$118.450.00 |
| |
| Nevada Supreme Court |
$140.000.00 |
|
| William Maupin |
|
$317,830.00 |
| |
| District Court Judge |
$130,000.00 |
|
| Donald Mosely |
|
$143,660.00 |
If some of these figures catch you in your pocket book,
think about how you might ask certain questions during the upcoming
political cycle.
A Reunion at the Bar? No,
This Isn’t Boy’s Night Out
A date of Jan. 20, 2004 has been set for trial in the
corruption case involving current and former members of the Clark County
Commission, but both sides seem to think it will be many months after that
before any real court room action takes place. Two former commissioners and
one current member of that body entered pleas in a federal courtroom in Las
Vegas on Nov. 21.
Federal magistrate Peggy Leen heard the three plead not
guilty to charges that allege one paid and two collected money that might
have come from naked women, by way of their boss, Michael Galardi, owner of
several strip clubs in Nevada and California. Galardi has pleaded guilty in
the Nevada case as well as a similar case in San Diego, California. His
operating licenses have been rescinded in Nevada and are being reviewed in
California.
Former Commissioner Erin Kenney, rejected by voters when
she ran for Lt. Governor, has also pleaded guilty in the conspiracy and
political corruption case.
Former commissioners Lance Malone and Dario Herrera, along
with current commissioner Mary Kincaid-Chauncey stood together before the
bar. Malone, a former Las Vegas Police Officer, a former Clark County
Commissioner, allegedly works, they say as a lobbyist, for Galardi, and
accepted cars and cash in order to get improper votes from Kincaid-Chauncey
and Herrera. Malone is accused of being the middleman, the one who made the
offers of cash to the others, according to the indictment.
Galardi has already pleaded guilty to conspiracy charges
and is awaiting what the feds might hand out as retribution. Former Clark
County Commissioner, and candidate for Lieutenant Governor, Erin Kenny too
has pleaded guilty to all the fraud charges brought against her. Galardi is
awaiting sentencing on two plains. He pleaded guilty to the charges in Las
Vegas, and to additional charges stemming from alleged corrupt practices in
San Diego, California.
Kincaid-Chauncey had been the chair of the commission just
days prior to her courtroom appearance, but stepped down from that position.
She has declined to give up her seat on the commission itself, however, and
is quoted as saying she plans on running for reelection.
According to the indictment, Malone gave money, gifts and
services to the commissioners in exchange for votes, votes that would be of
significant benefit to Michael Galardi and his Clark County skin joints,
Jaguars and Leopard Lounge.
Kincaid-Chauncey, Herrera, and Malone face charges of wire
fraud and conspiracy to commit wire fraud. Kincaid-Chauncey and Herrera also
are charged with extortion, and Malone is charged under the RICO act, that
is, Racketeer Influenced and Corrupt Organization Act.
Attorneys at the hearing don’t expect the case to go to
trial much before 2005, maybe even 2006. Kincaid-Chauncey is up for
reelection in 2004, and she says she will run. All three were released on
their own recognizance, no bail required. The indictment was released on
Nov. 6.
The Buzz Around the Silver
State
Our Correspondents
Elko County
(Spring Creek) The budget for fiscal 2004 was approved
during a board of directors meeting. Revenues are expected in the $2.3
million range while expenditures are a bit less.
In other business, the board voted to participate in a
weed management program, and voted to hire Ron Morley as gold course
superintendent.
Eureka County
(Eureka) A federal grant to the Eureka County School
District is the big news, and the 21st Century Community Learning Centers
Grant is expected to provide almost $400,000 over the next several years to
the learning potential in the county.
A committee has been formed to encourage the entire
community to consider how the program can be expanded to become one where
people gather to learn. In other words, to open the schools to more than
just learning for the children of the county.
Washoe County
(Reno) Members of the House Resources Committee, led by
Nevada Congressman Jim Gibbons have been discussing plans to ease the fire
danger around Lake Tahoe. Members of the Tahoe Regional Planning Agency,
Washoe County Commission, and the House and Senate have been working to
create regulations that would be environmentally acceptable in the Sierra
Nevada basin.
Critics are saying that a fire like that in Southern
California this fall probably wouldn’t happen. Others say such a fire would
destroy hundreds of millions of dollars worth of property and would undo
years of efforts to restore the lake.
(Reno) The North Valleys area of The Biggest Little City
are running out of water, and this isn’t anything new. Several years ago,
during another drought period, there was an attempt to bring water to the
Stead, Lemon Valley, Golden Valley areas by way of a pipeline from Honey
Lake, California. Honey Lake is located between Reno and Susanville, CA. The
plan never was implemented.
The City of Reno now says it plans to participate in an
environmental impact statement (EIS) process to attempt to import ground
water from Fish Springs and Dry Valley, both areas located in northwest
Washoe County, just east of the Honey Lake area.
Two companies, Vidler Water Company and Intermountain
Water Supply have submitted right of way applications with the Bureau of
Land Management (BLM). The project would involve a system of pipelines,
pumping stations, and reservoirs according to Reno public information
director Steve Frady. It’s expected that if the project gets approval and is
built, between 8,000 and 11,500 acre feet of water will be moved per year.
An acre foot is about 325,828 gallons, enough water for the annual needs of
about two families according to Frady.
Along with the city of Reno, the Truckee Meadows Water
Authority and Washoe County are expected to participate in the EIS process.
The statement should be completed by April, 2004, published in September,
and a final decision possibly by December of next year.
The BLM is currently accepting comments from the public
dealing with this EIS process. The BLM Carson City Management Area office is
at 5665 Morgan Mill Road in Carson City. Telephone 775-885-6000.
White Pine County
(Ely) Land fill fees might be increased after the first of
the year, but that’s only part of the problem. For several years, it
appears, many people in the city and county haven’t been paying the current
fee anyway.
The city, which operates the landfill, says the county is
supposed to provide a list of those who should be billed while the county
says it’s the city’s responsibility. In the meantime, and for several years,
the fees have gone uncollected.
As it stands, if the city and county don’t come to an
agreement on payments, the landfill cost will increase by one dollar as of
February First.
Clark County
(Las Vegas) The first election fraud case since 1987 got
underway in Clark County on November 6, in the courtroom of District Judge
Joseph Bonaventure. Garry Horrocks and his wife Pamela have been charged in
a 62 count indictment charging voter fraud, conspiracy, and burglary.
The Horrocks are charged with signing and submitting
fraudulent absentee ballots for at least 10 voters in Assembly District 37.
(See “Archives,” Volume 1, Number 1, October 31, 2003,
www.nevadaobserver.com).
Horrocks's attorney, Dominic Gentile has asked for
dismissal of the indictments, claiming they were too complex and made little
sense. Chief deputy District Attorney James Sweetin said the indictments are
specific and written in common language.
Judge Bonaventure has not ruled on the dismissal at
deadline time. |