MINUTES

of the meeting of the

State of Nevada Commission on Ethics

Thursday, July 11, 2002

Boardroom of the State of Nevada Contractors Board

Meridian Gold Building

9670 Gateway Drive, First Floor #100

Reno, Nevada 89511

  

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.; Jim Rogers, Esq.; Ernest E. Adler, Esq.

  

Commission Members Absent:  Lizzie R. Hatcher, 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, Donald A. Thorpe, Neil Harris, Jim Jimmerson

  

Chairman Russell called the meeting to order at 9:45 a.m., Thursday, July 11, 2002.

  

Agenda Item 1 - Request for Opinion #02-08.  In open session, the Commission heard testimony, received evidence, deliberated, and rendered an opinion relating to a request for opinion submitted pursuant to NRS 281.511(2)(b) alleging that certain conduct of Arthur Neil Harris, Sheriff, Elko County, violated the provisions of NRS 281.230, 281.505, and/or 281.481(7).  A motion was made by Commissioner Sheets and seconded by Commissioner Rogers that the Commission find no violation by Sheriff Neil Harris of the ethics laws of the state of Nevada, specifically NRS 281.481, subsection 7, NRS 281.230, or 281.505. The motion was put to a vote and passed unanimously.

 

Agenda Item 2 - Request for Opinion #02-10.  In open session, the Commission considered a request for opinion submitted by James J. Jimmerson, former chairman and member of the Nevada Taxicab Authority Board, pursuant to NRS 281.236, subsection 4. 

A motion was made by Commissioner Sheets and seconded by Commission Rogers that Mr. Jimmerson’s participation as either counsel to or owner of a limousine company does not violate the provisions of NRS 281.236, subsection 3. The motion was put to a vote and passed unanimously.  A second motion was made by Commissioner Sheets and seconded by Commission Rogers that Mr. Jimmerson representing a taxicab company after January 1, 2003, would not be a violation of the law because the one year cooling period would have expired. The motion was put to a vote and passed unanimously.

 

Agenda Item 3 – Potential or Existing Litigation.  In closed session, pursuant to NRS 241.015, subsection 2(b)(2), the Commission received information from Commission Counsel regarding potential or existing litigation involving matters over which the Commission has supervision, control, jurisdiction, or advisory power (specifically, Opinion No. 98-17CP, In the Matter of the Request for Opinion concerning Herb Brown); and deliberated toward a decision on the matters.

  

Agenda Item 4 – Potential or Existing Litigation.  In open session, following the Commission’s deliberations under Agenda Item No. 3,  a motion was made by Commissioner Adler and seconded by Commissioner Sheets to instruct Commission Counsel to go forward to resolve this matter either through litigation or settlement. The motion was put to a vote and passed unanimously.

 

Agenda Item 5 – Discuss the Financial Disclosure Statement Provisions of NRS 281.561 and Imposition of Civil Penalties Pursuant to NRS 281.581, subsection 1.  In open session, the Commission discussed the financial disclosure statement provisions of NRS 281.561 and imposition of civil penalties pursuant to NRS 281.581, subsection 1, for late filing of financial disclosure statements and policies and procedures related to processing requests for waivers and/or reductions of civil penalties submitted to the Commission pursuant to NRS 218.581, subsection 2.  Stacy Jennings, Executive Director, reported on the status of efforts to implement a system of identifying public officers required to file annual financial disclosure statements. The filing of financial disclosure statements by candidates was also discussed. Commissioner Kosinski said the Commission should contact county clerks on an annual basis to remind them of their statutory requirement to notify candidates of the need to file financial disclosure statements.  The Commission directed Commission Counsel and Executive Director to include information discussed, regarding possible changes to legislation on the filing of financial disclosure statements, for consideration in the bill draft request for the 2003 legislative session.

 

Agenda Item 6 –Executive Director’s Report on Status of 2001 Annual Financial Disclosure Statement Filing.  In open session, the Executive Director presented a report on the status of calendar year 2001 financial disclosure statements filed pursuant to NRS 281.561.  The Commission instructed the Executive Director to determine which individuals from the calendar year 2001 late filings of financial disclosure statements were first time late filers versus having been late on previous occasions. The Commission determined, due to the small number of late filings, to hear the requests for waiver or reduction during regular meetings of the Commission in August and September, affording individuals a choice of appearing before the Commission, having their written request reviewed, or participating by telephone.

 

Agenda Item 7 – Executive Director’s Annual Report.  In open session, the Executive Director presented an Annual Report pursuant to NAC 281.053, subsection 2.

 

Agenda Item 8 – Form and Content of Commission Minutes and Approve the Minutes of the May 2, 2002.  In open session, the Commission discussed the form and content of Commission minutes pursuant to NRS 241.035 and established a policy relating thereto.   Commissioner Kosinski suggested that minutes be posted to the Commission’s website within 30 days of the meeting, subject to approval of the minutes by the Commission.  The Commission concurred with this suggestion, providing Commission Counsel verifies this meets the requirements of the open meeting law.  A motion was made by Commissioner Rogers and seconded by Commissioner Hsu to approve the minutes of the May 2, 2002 Commission meeting. The motion was put to a vote and passed unanimously.

 

Agenda Item 9 – Annual Election of Chairman and Vice Chairman.  In open session, the Commission elected a chairman and vice chairman pursuant to NRS 281.461, subsection 1(a).  Commissioner Sheets nominated Chairman Russell to remain as the Commission Chairman. Commissioner Flangas seconded the nomination. Chairman Russell accepted the nomination for one more term. The nomination was put to a vote and passed unanimously.  Commissioner Kosinski nominated Commissioner Flangas to remain as the Commission Vice Chairman. There were no additional nominations. The nomination was put to a vote and passed unanimously.

 

Agenda Item 10 - Public Comment.  No public comment.

 

Chairman Todd Russell adjourned the meeting at 12:38 p.m.

 

Minutes approved by the Commission on August 8, 2002.

 

NEVADA COMMISSION ON ETHICS

 

By:  /s/  Todd Russell, Chairman