Nevada legislators look to fix ethical vagaries

A Nevada state official impeached, an assemblyman fined, a Las Vegas councilwoman recalled.

In response to the many government controversies that Nevadans have witnessed the past year, legislators are working to tighten and clarify the rules that govern how elected and public officials can operate.

Leading the way this session is Assembly Speaker Richard Perkins, D-Henderson, who is drafting a bill that would boot officials out of office if they violate state ethics laws three times, increase penalties for violations and make certain infractions criminal - instead of civil - offenses.

Much of Perkins' bill is a reaction to controversy surrounding State Controller Kathy Augustine, who was convicted by the Senate last year on a charge of illegally using state facilities and equipment to benefit her 2002 re-election campaign. She also admitted to violating state ethics laws and was fined $15,000.

Two provisions in Perkins' bill provide better protection for whistle blowers and better guidelines for employees who work for officials running election campaigns.

"I have huge concerns that the public is losing confidence in its government," Perkins said. "And I want to address that."

Also on the mind of many legislators and advocacy groups is Las Vegas Councilwoman Janet Moncrief, the target of a successful recall movement spurred by criminal charges for allegedly filing false campaign finance reports. Moncrief was unseated by Lois Tarkanian, a former Clark County School Board member.

And a state assemblyman, Chad Christensen, R-Las Vegas, was fined $4,500 last April for 52 campaign finance law violations.

"There's just a whole host of things," Perkins said. "So we decided to put forth this bill draft."

Perkins' bill also touches on campaign contributions, open meetings laws and conflict-of-interest laws. Despite the wide scope of the bill, Perkins thinks it will have broad support, and he's willing to work with other legislators who have similar bills.

"At the end of the day, it'll be very difficult for any legislator to not be for ethics," he said. "This isn't about taking credit, it's about creating a more ethical government."

One thing he doesn't tackle, however, is language in state laws that has proved useful for some politicians.

For the state Commission on Ethics to fine someone for a violation, the panel must find the action was "willful." As defined, willful means "the public officer or employee knew or reasonably should have known that his conduct violated this chapter."

Last May, the commission found Las Vegas Mayor Oscar Goodman guilty of using his position to help his son's business, but could not decide if the violation was willful. Goodman was not fined.

Ethics Commissioner Bill Flangas said the commission is perceived as "toothless." He proposed earlier this month deleting "willful" from the law to make it easier to prove a violation.

"We have had significant experience in implementing the current law and now it's time to consider further revisions to gain improved public respect," Flangas said.

While Flangas could not get consensus for his proposal, Clark County has a similar recommendation.

A task force of citizens convened in 2003 to review ethical laws advised letting the definition of "willful" stand apart from the word "violation."

Such a move, said Jim Spinello, county assistant director of administrative services, would give officials "less wiggle room" in trying to prove a violation was carried out in ignorance.

"A lot of people say (public officials) should know," said Spinello, who holds a master's degree in ethics and policy studies. "The intent is to narrow and clarify the definition of willful."

Clark County's proposed definition, forwarded to the Legislature in a bill request, stipulates that a public official's action would be willful if the official was not coerced and knew or reasonably should have known the consequences.

The county also wants the state Ethics Commission to have the ability to enforce local guidelines, said Dan Musgrove, county director of intergovernmental relations.

"We want the outside body to enforce," he said. "They're the body that's structured to do those kinds of things."

Some, notably Flangas, have questioned the power of the commission to enforce even on a state level.

Paul Brown, Southern Nevada director of the Progressive Leadership Alliance of Nevada, said enforcement has been a longtime problem.

"Anything we can get with teeth. We'd be happy with even baby teeth," he said. "But it's got to be in the statutes that it's mandatory to enforce the law."