MINUTES

of the meeting of the

State of Nevada Commission on Ethics

Wednesday, October 23, 2002

9:00 a.m.

Office of the Nevada Commission on Ethics

3476 Executive Pointe Way, Suite 16

Carson City, Nevada 89706

These minutes constitute a summary of the above proceedings of the Nevada Commission on Ethics.  A verbatim transcript of the proceedings, prepared by a certified court reporter, is available for inspection at the Commission office.

Commission Members Present:  Todd Russell, Chairman; William Flangas, P.E.; Thomas R. Sheets, Esq.; Jim Kosinski, Esq.; Rick Hsu, 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

Parties Present: Dean Heller; James Spencer, Deputy Attorney General representing Dean Heller; Christopher Hansen (via telephone)

Others Present:  Geoff Dornan, Nevada Appeal; Ed Vogel, Las Vegas Review Journal; Cy Ryan, Las Vegas Sun

Chairman Todd Russell called the meeting to order Wednesday, October 23, 2002, at 9:05 a.m. This meeting was conducted by telephonic conference with a speaker telephone at the location listed above. Chairman Russell and Commissioner Adler were present in the Commission office. The remaining Commissioners attended by telephone.

Agenda Item 1 – Request for Opinion Submitted by Christopher Hansen (Candidate for Secretary of State) Pursuant to NRS 281.477 Alleging that Dean Heller (candidate for Secretary of State) Violated the Campaign Practices Provisions of NRS 294A.345.

In open session the Commission heard testimony, received evidence, deliberated, and rendered an opinion relating to a Request for Opinion submitted by Christopher Hansen (candidate for Secretary of State) pursuant to NRS 281.477 alleging that Dean Heller (candidate for Secretary of State) violated the campaign practices provisions of NRS 294A.345.

A motion was made by Commissioner Adler and seconded by Commissioner Flangas that the complaint be dismissed.

Commissioner Kosinski stated he believed that the first criteria of the statute had not shown that the statement made by Mr. Heller was a false statement, and he didn’t believe the Commission had to get into the other issues in the statute.  He further stated he did not believe that Mr. Hansen had presented clear and convincing evidence that Mr. Heller violated the provisions of the statute in question. Commissioner Sheets stated if Commissioner Kosinski's comments were in the form of a motion to amend the motion, he would second that amendment. 

Commissioner Adler accepted the amendment. Chairman Russell confirmed that Commissioner Adler was amending his motion to include those comments and Commissioner Flangas seconded the motion as amended. The motion was put to a vote and passed unanimously. 

Agenda Item 2 – Public Comment.  Christopher H. Hansen, Independent American Party, made public comment.

Chairman Russell adjourned the meeting at 9:30 a.m.

Minutes approved by the Commission on November 7, 2002.

NEVADA COMMISSION ON ETHICS

By:  /s/ Todd Russell, Chairman