Minutes

of the meeting of the

State of Nevada Commission on Ethics

Thursday, September 5, 2002

Grant Sawyer State Office Building

555 East Washington Avenue, Room 4401

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, Chairman; William Flangas, P.E.; Jim Kosinski, Esq.;  Thomas R. Sheets, Esq.; Rick R. Hsu, Esq.; Ernest E. Adler, Esq.; Lizzie R. Hatcher

Commission on Ethics Staff Present:  Stacy M. Jennings, Executive Director; Nancy Lee Varnum, Commission Counsel; Beverly L. Amundson, Administrative Assistant

Chairman Todd Russell called the meeting to order Thursday, September 5, 2002, at 9:30 a.m.

Agenda Item 1 – Approve the Minutes of the July 11, 2002, Commission Meeting.  In open session, the Commission discussed the minutes of the August 8, 2002, Commission meeting. A motion was made by Commissioner Kosinski and seconded by Vice Chairman Flangas to approve the minutes as amended. The motion was put to a vote and passed unanimously.

Agenda Item 2 – Confidential Advisory Opinion Request.  In closed session, pursuant to NRS 281.511, Subsection 5, the Commission heard testimony, received evidence, deliberated, and rendered an opinion on confidential Advisory Opinion Request No. 02-13 submitted pursuant to NRS 281.511, Subsection 1.

Commissioner Hatcher left the meeting after Agenda Item #2 and did not participate in the remainder of the meeting.

Agenda Item 3 – Executive Director’s Report on the Status of 2002 Candidate Financial Disclosure Statements.  In open session the Commission heard the Executive Director’s report on the status of 2002 candidate financial disclosure statements filed pursuant to NRS 281.561, considered, deliberated, and decided on the manner in which the Commission wants to proceed on issues related thereto.

The Executive Director reported on Lists 1 and 2.  List 1, titled Financial Disclosure Statements Filed Late with Requests for Waiver or Reduction Received, consisted of candidates who filed their financial disclosure statements after the May 30, 2002 deadline and whom had also filed a written request for reduction or waiver of the late penalty.  List 2, titled Financial Disclosure Statements Filed Late with No Requests for Waiver or Reduction Received to Date as of August 29, 2002, consisted of candidates filing their financial disclosure statement late whom had not yet filed a written request for reduction or waiver of the late penalty.  The Executive Director explained she had talked personally to many candidates on both lists and they had expressed confusion over the May 30 filing date, having confused this date with the August 27, 2002 filing date for their first campaign finance report with the Secretary of State.  Some candidates remembered specifically being told by the local filing officer that no reports were due from the time they filed for office until August 27, and some were first time candidates unfamiliar with the requirement for filing a financial disclosure statement.  The Commission expressed concern over the confusion among candidates about the filing deadlines, and discussed several alternatives for assessing civil penalties for late filing.

A motion was made by Vice Chairman Flangas and seconded by Commissioner Adler that those candidates listed on List 1 and List 2 who had duly filed prior to August 27, the Secretary of State’s report deadline, be assessed $50 fines. If those individuals wish to protest that fine they can come forward at the next meeting and submit additional evidence for an additional waiver. Commissioner Sheets stated that the motion should be amended that to reflect that the fine would be $25 for those individuals who under strict application of the rules only had a $25 fine. Chairman Russell and Commissioner Adler seconded accepting the amendment. The motion was put to a vote and passed 5-1; Commissioner Kosinski opposed the motion because he didn’t think there was credible evidence before the Commission that suggested the reason these people filed late was because they were confused by the later filing date required by the Secretary of State.

On List 3, titled Financial Disclosure Statements Not Yet Filed, Chairman Russell suggested that no action be taken on these candidates until staff double check the information on the list for accuracy and then give the candidates notification again that they had not filed and the Commission intends to proceed with the penalties.

A motion was made Commissioner Adler and seconded by Chairman Russell to send certified letters to all of the individuals on List 4, Persons Filing Statements In Lieu of the Financial Disclosure Form, saying the Commission has not made a determination as to whether or not they have made a proper filing under the law.  The motion was put to a vote and passed unanimously.  The matter will be taken up at the October meeting.

Agenda Item 4 – Executive Director Training Report.  In open session the Executive Director presented a training report including a preview of the PowerPoint presentation being used in seminars for public officers and boards.

Agenda Item  5 – Approve 2003 Meeting Schedule.  In open session the 2003 meeting schedule was reviewed. A motion was made by Commissioner Sheets and seconded by Commissioner Hsu to approve the dates for the 2003 meeting schedule as listed below. The motion was put to a vote and passed unanimously.

Agenda Item 6 - Public Comment.  No public comment.

Chairman Russell announced that he had received today, September 5, a letter from Commissioner James E. Rogers submitting his resignation from the Commission effective immediately.  The Executive Director will notify the Legislative Commission so that it may appoint someone to fill the vacancy created by Mr. Rogers’ resignation.

Chairman Russell adjourned the meeting at 11:49 a.m.

Minutes approved by the Commission on October 16, 2002.

NEVADA COMMISSION ON ETHICS

By:  /s/  Todd Russell, Chairman