Opinion:
Politicos Getting
Away With Violations While SOS Heller Fiddles
Tickets To
Rolling Stones Concert Just A Small Part Of Major Problem In Nevada
by Johnny Gunn
Recently Chuck Muth, president of Citizen Outreach, a
Washington, D.C. based conservative organization sent a letter to Nevada
Secretary of State Dean Heller voicing a complaint about the many elected
officials that had accepted tickets to a Las Vegas concert. The tickets
were provided by Ameriquest Mortgage Company that at the time was under
investigation by the Attorney General, and later was found to be guilty of
illegal mortgage business law. The tickets ranged in price from $200 up.
Many of the elected officials did not claim the tickets as gifts on their
financial disclosure forms as required by Nevada law.
Heller at the time wrote what amounted to a bit of a
snotty reply indicating that Muth had gotten his information from news
reports and Heller's office didn't believe news reports were justified to
begin an investigation, and besides he didn't have the authority to
investigate. Muth continued his fight to get charges filed, and Heller in
turn sent a much more congenial reply on April 4 in which he said, "...the
Legislature provided my office with limited jurisdiction over the filing of
financial disclosure forms. This jurisdiction only extends to collecting
and enforcing penalties due to late or non-filed reports, and does not
include authority to investigate alleged omissions from such reports."
Heller cited Nevada Revised Statute Chapter 281 as his
authority. In NRS 281.581, Civil penalty for failure to disclose;
Procedure; amount; Waiver, the Secretary of state clearly has that
authority. Here is what it looks like directly from the NRS:
NRS 281.581
Civil penalty for failure to disclose: Procedure; amount; waiver.
1. If the
Secretary of State receives information that a candidate for public
office or public officer willfully fails to file his statement of
financial disclosure or willfully fails to file his statement of
financial disclosure in a timely manner pursuant to
NRS 281.559
or 281.561,
the Secretary of State may, after giving notice to that person or
entity, cause the appropriate proceedings to be instituted in the First
Judicial District Court.
2.
Except as otherwise provided in this section, a candidate for public
office or public officer who willfully fails to file his statement of
financial disclosure or willfully fails to file his statement of
financial disclosure in a timely manner pursuant to
NRS 281.559
or 281.561
is subject to a civil penalty and payment of court costs and attorney’s
fees. The civil penalty must be recovered in a civil action brought in
the name of the State of Nevada by the Secretary of State in the First
Judicial District Court and deposited by the Secretary of State for
credit to the State General Fund in the bank designated by the State
Treasurer.
What we are seeing is Secretary Heller once again
attempting to evade what is his primary job, that of election officer of the
State of Nevada. For eight years he has said he has no authority and yet it
is plainly written in Nevada law that he has that authority. The same
appears to be true in contributions and expenses (C&E) reports. Heller has
constantly asserted that he has no jurisdiction to investigate wrong doing
by politicians and their C&E reports.
Chapter 294A cited by Heller in his recent letter to
Muth is just as plain in its job description as Chapter 281.581 is. This is
what it looks like in the NRS:
NRS 294A.342
Enforcement of provisions of
NRS 294A.341:
Reporting of alleged violations; institution of court proceedings. If
it appears to a county clerk, city clerk or registrar of voters that the
provisions of NRS
294A.341
have been violated, he shall report the alleged violation, in writing,
to the Secretary of State. Upon receiving such a written report or if it
otherwise appears to the Secretary of State that the provisions of
NRS 294A.341
have been violated, the Secretary of State shall report the alleged
violation to the attorney general. The Attorney General shall cause
appropriate proceedings to be instituted and prosecuted in a court of
competent jurisdiction without delay.
NRS 294A.343
Penalty for violation of provisions of
NRS 294A.341.
Any
person who knowingly violates the provisions of
NRS 294A.341
is liable, in addition to any other penalty or remedy that may be
provided by law, to a civil penalty of not more than $5,000 for each
offense, which may be recovered by civil action on complaint of the
Attorney General. All money collected as civil penalties pursuant to the
provisions of this section must be deposited in the State General Fund.
* * * *
*
NRS 294A.410
Enforcement of chapter: Reporting of alleged violations; institution of
court proceedings.
1.
If it appears that the provisions of this chapter have been violated,
the Secretary of State may:
(a)
Conduct an investigation concerning the alleged violation and cause the
appropriate proceedings to be instituted and prosecuted in the First
Judicial District Court; or
(b) Refer
the alleged violation to the Attorney General. The Attorney General
shall investigate the alleged violation and institute and prosecute the
appropriate proceedings in the First Judicial District Court without
delay.
2. A
person who believes that any provision of this chapter has been violated
may notify the Secretary of State, in writing, of the alleged violation.
The notice must be signed by the person alleging the violation and
include any information in support of the alleged violation.
The Ethics Commission has been investigating some
election law violations, but it is the Secretary of State that is authorized
to investigate and have charges filed in District Court. Ethics violations
are one thing, but with the C&E reports for instance, filing a false report
is a felony, not an ethics violation. Failure to disclose gifts in excess
of $200 is a violation of Nevada law not an ethics violation.
Whether or not Muth continues his battle isn't know at
this time. It's violations of this nature that have plagued the Secretary's
office for years, it's violations of this type that have gone without
consequence for years. Many candidates and office holders have been cited
but never brought to the bar. One entire political party has not filled out
the C&E reports at all. They file them, but they are blank, a clear
violation of Nevada Law, one punishable as a felony.
If Heller doesn't think the NRS as shown above is clear
it should have been his responsibility to go to the legislature and have the
law rewritten in such a manner that he could understand it. Mr. Heller is
in his last term as Secretary of State. Whoever replaces him has an
opportunity to make Nevada's election rules and laws viable, and opportunity
to bring those out of bounds back to reality. Nevadans have been hoodwinked
in this matter and it's high time it ends.
•••
Where Do We Look
For Root Of Current Political Treachery?
Selfish
Arrogance Has Become What We See As Normal Behavior
by Johnny Gunn
Is the political corruption that we see, fraud,
extortion, graft, and bribery simply signs of the times or is there a deeper
problem that hasn't completely surfaced yet? Public morals have
deteriorated considerably over the last 25 years, the concept of public
manners isn't fully understood by many, and it seems that it is generally
acceptable practice to cheat if it means winning at any cost. Why should
someone in public office, that is holding a public trust be expected to have
a higher plane of public image? In corporate offices around the world, to
get ahead one must not have the highest level of morality.
Two trials being conducted at this time pretty much
spell out the problems. The Enron trial in Texas and the Galardi fiasco in
Las Vegas pinpoint this social decline in today's world. Galardi says he
"buys" people and services, former Enron executives accurse each other of
treachery. In the end we all lose, not just money, but a position in the
world picture. Remember the phrases such as "his handshake is his word,"
"he's as good as his word," "I trust a man with a firm handshake?"
It may have begun in the 1960s this thought that lying
and cheating is OK as long as you win. Parents of baby boomers
molly-coddled their children dreadfully, did not instill in them the concept
of honesty, moral turpitude, manners, or social graces. A level of
selfishness invaded the lives of those children, and we are faced with their
lack of ethics today in politicians, in business, in daily life. Only
winning matters; not how you play the game.
To throw away a public life, a position of trust among
peers for a three-minute lap-dance is a sign of complete personal
disrespect. If you have no more respect for yourself than that how can you
possibly understand a public trust? The IRS has recently been in the news
saying there is more attempted tax fraud today than at any time in the
history of the agency. Political leaders have been jailed, fined,
run-out-of-town for some of the most stupid acts of selfishness. An
ignorant person can learn. A stupid person won't.
It seems when discussing politics and business the idea
of taking personal responsibility for an act is beyond the thought of many.
Those former Clark County commissioners on trial for taking hundreds of
thousands of dollars in bribes don't seem the least bit sorry for their
alleged acts. One is believed to have an off shore bank account filled with
a couple of hundred thousand in dirty money and still manages a smile from
the witness stand.
The politicians that are found guilty must face the
most serious consequence. Over the last two generations, being guilty of
social and political offenses has drawn tiny little slaps on wrists (think
Kathy Augustine) while corporate executives have simply found themselves
with ankle bracelets living a profound lifestyle with oysters and
champagne. The idea of tar and feathers, of hanging judges, of long term
rent free jail cells in real prisons needs to be addressed more often by our
courts and judges. When we as a society demand a return of such things as
respect for our fellow man, the idea of taking personal responsibility for
our actions, and manners and courtesy toward our fellow man and the society
in which we live, possibly we'll find a better class of politician to lead
us.
•••
_________________________
Cartoon by Thomas Nast,
April 12,
1874

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