In what may be the first example of a politician reacting to the U.S. Supreme Court ruling upholding Nevada's restriction on politicians voting when they have an apparent conflict, Gov. Brian Sandoval abstained from voting on a contract before the Board of Examiners Tuesday.
Sandoval said he would abstain on the contract between the Commission on Economic Development and Reno's Ferraro Group for public relations services because of his friendship with Greg Ferraro.
He cited the U.S. Supreme Court decision Monday ruling upholding laws restricting voting by public officials in cases where they have a conflict. The case involved Sparks Councilman Mike Carrigan who voted for approval of the Lazy 8 casino project even though his friend and campaign manager Carlos Vasquez was a paid consultant for the company.
Nevada law says there could be a conflict if people related to the public official, business partners or employers as well as friends will benefit from the vote and that, in those cases, the official should abstain. Nevada's Ethics Commission censured Carrigan for his vote on the project.
Carrigan argued his right to vote was protected by the first Amendment. While the Nevada Supreme Court agreed with that argument, the U.S. Supreme court reversed Nevada's justices.
Sandoval announced during the Board of Examiners meeting he would be abstain from voting on that $100,000 contract out of an abundance of caution. He said after the meeting it isn't clear yet exactly how he and other elected officials will have to respond to the high court ruling.
Attorney General Catherine Cortez Masto said the ruling sent the case back to Nevada's Supreme court for action consistent with its decision. She said Nevada's justices could take up other arguments in the case as well and that she and other officials would just have to wait to see what the outcome is before her office will be able to advise state officials on the matter.
The Ferraro Group contract was approved by the other two members of the Board of Examiners, Masto and Secretary of State Ross Miller.
