MINUTES
of the meeting of the
State of Nevada Commission on Ethics
Thursday, August 8, 2002
Nevada
State Legislature
401
South Carson Street, Room 2135
Carson
City, Nevada 89701
and,
via videoconference:
Grant
Sawyer State Office Building
555
East Washington Avenue, Room 4411
Las Vegas, Nevada 89101
These minutes constitute a summary of the above proceedings of the Nevada Commission on Ethics. A verbatim transcript of the open sessions, prepared by a certified court reporter, is available for inspection at the Commission office.
Commission Members present: Todd Russell, Esq., Chairman; William Flangas, P.E.; Jim Kosinski, Esq.; Thomas R. Sheets, Esq.; Rick R. Hsu, Esq.; Ernest E. Adler, Esq.
Commission Members Absent: Lizzie R. Hatcher, Esq.; Jim Rogers, Esq.
Commission Staff present: Stacy M. Jennings, Executive Director; Nancy Lee Varnum, Commission Counsel; Beverly L. Amundson, Administrative Assistant.
Public attending: Cy Ryan; Ed Vogel.
Chairman Russell called the meeting to order at 9:30 a.m., Thursday, August 8, 2002.
Agenda Item 1 - Approval of Minutes. In open session, the Commission discussed the minutes of the July 11, 2002, Commission meeting. A motion was made by Commissioner Adler and seconded by Chairman Russell to approve the minutes as amended. The motion was put to a vote and passed unanimously.
Agenda
Item 2 – Requests for Waivers or Reductions of Civil Penalties Imposed
Pursuant to NRS 281.581 for Untimely Filings of Calendar Year 2001 Financial
Disclosure Statements
A
motion was made by Vice Chairman Flangas and seconded by Commissioner Hsu to
reduce the penalty assessed to David Clark, Member, State Contractors Board,
from $50 to $25. The motion was put to a vote and passed 5-1; Commissioner
Kosinski opposed.
A
motion was made by Vice Chairman Flangas and seconded by Commissioner Adler to
reduce the penalty assessed to Ronald Cobb, Member, Reno and Regional Planning
Commissions from $225 to $50. The motion was put to a vote and failed 1-5. A
second motion was made by Commissioner Sheets and seconded by Vice Chairman
Flangas to reduce the penalty from $225 to $100. The second motion was put to a
vote and passed 5-1; Commissioner Kosinski opposed.
A
motion was made by Chairman Russell and seconded by Commissioner Sheets to
reduce the penalty assessed to Mark Droege, Member, State Apprenticeship Council
from $160 to $100. The motion was put to a vote and passed unanimously.
A
motion was made by Commissioner Adler and seconded by Commissioner Kosinski to
reduce the penalty assessed to Irene Hobson, Member, State Apprenticeship
Council from $320 to $100. The motion was put to a vote and passed unanimously.
By
motion made by Chairman Russell and seconded by Commissioner Kosinski, the
Commission unanimously declined to reduce the $25 penalty assessed to Nadia
Jurani, Member, Nevada Equal Rights Commission.
A
motion was made by Chairman Russell and seconded by Commissioner Sheets to
reduce the penalty assessed to Franz Niegemann, Member, Reno Civil Service
Commission from $750 to $100. The motion was put to a vote and passed 5-1;
Commissioner Kosinski opposed.
By
motion made by Chairman Russell and seconded by Commissioner Adler, the
Commission unanimously declined to reduce the $25 penalty assessed to Dennis
Shipley, Member, Nevada Equal Rights Commission.
A
motion was made by Commissioner Sheets and seconded by Chairman Russell to
reduce the penalty assessed to Lawrence Wong, Trustee, Las Vegas-Clark County
Library District from $560 to $100. The motion was put to a vote and passed 5-1;
Commissioner Kosinski opposed.
Commissioner Kosinski clarified for the record that without a specific set of standards or criteria for waiver or reduction of fees, then all actions taken by the Commission to reduce the fines are arbitrary and this is why he voted no on the motions.
Agenda Item 3 – Confidential Advisory Opinion Request. In closed session, pursuant to NRS 281.511, Subsection 5, the Commission heard testimony, received evidence, and deliberated on a confidential Advisory Opinion Request 02-12 submitted pursuant to NRS 281.511, Subsection 1. Prior to the Commission rendering an opinion, the requesting party withdrew the request for opinion.
Agenda
Item 4 – Potential or Existing Litigation.
Agenda
Item 5 – Potential or Existing Litigation. In open session,
following the Commission’s deliberations under Agenda Item No. 4, a motion was
made by Commissioner Sheets and seconded by Commissioner Hsu that in the case of
Brown v. Nevada Commission on Ethics,
a petition for judicial review of Commission Opinion CP98-17 pending before the
Clark County District Court (99-A-399788-J), the Commission settle the
litigation by vacating the $10,000 fine imposed in Opinion CP98-17 and accepting
payment from Mr. Brown in the amount of $500 in lieu thereof, with the clear
understanding that except as to the fine, the opinion issued by the Nevada
Commission on Ethics in that case stands; and authorizing the Commission
Chairman to execute any appropriate documents on behalf of the Commission to
accomplish that settlement. The motion was put to a vote and passed 4-2; Vice
Chairman Flangas and Commissioner Kosinski opposed.
Agenda
Item 6 – Executive Director’s Report on Status of Candidate Financial
Disclosure Statements Filed for 2002 Pursuant to of NRS 281.561. In
open session, Stacy Jennings, Executive Director, reported on the status of 2002
candidate financial disclosure statements filed with the Commission.
The staff reviewed approximately 950 candidate statements filed with the
Commission and compared them to the certified candidate lists from each county
and the Secretary of State’s office. An
estimated 150 candidates were identified who either filed late or did not file.
Candidates are being individually contacted in writing.
A finalized list will be provided to the Commission at its September
meeting with information regarding candidates who filed late or did not file,
and as such are subject to potential civil penalties under statute.
Agenda
Item 7 – Executive Director’s Report on Status of Development of a Financial
Disclosure Database. In open session, Stacy Jennings, Executive
Director, reported on the status of development of a financial disclosure
database. Public officer
information has been obtained electronically from both the Legislative Branch
and the Executive Branch, and will be provided annually around December 1.
The information can be manipulated in Excel software for mailings, etc.
The Nevada Association of City Clerks will be approached this afternoon
at their meeting in Minden to provide annually electronic lists of their public
officers. The county clerks will be
approached in November.
Agenda Item 8 – Executive Director’s Report on Status of Executive Director conducted Training. In open session, Stacy Jennings, Executive Director, reported on the status of Executive Director conducted training and provided a training schedule through November 13, 2002. An additional public officer training will be conducted in January at the University of Nevada, Reno. The Governor’s Office has also been contacted regarding scheduling mandatory ethics law seminars for Executive Branch managers, directors, boards, and commissions.
Agenda Item
9 - Public Comment. No
public comment.
Chairman Todd Russell adjourned the meeting at 12:32 p.m.
Minutes approved by the Commission on September 5, 2002.
NEVADA COMMISSION ON ETHICS
By: /s/ Todd Russell, Chairman