Minutes 04/10/2003

MINUTES

of the meeting of the

State of Nevada Commission on Ethics

Thursday, April 10, 2003

9:30 a.m.

Nevada Commission on Ethics

3476 Executive Pointe Way, Suite 16

Carson City, Nevada 89706

(via telephonic conference)

These minutes constitute a summary of the above proceedings of the Nevada Commission on Ethics. A verbatim transcript of the open session 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.; Jim Kosinski, Esq.; Thomas R. Sheets, Esq.; Merle Berman; Rick Hsu, Esq.

Commission Member Absent: Lizzie R. Hatcher, Esq.

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 at 9:30 a.m., Thursday, April 10, 2003.

Agenda Item 1 – 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 03-03 submitted pursuant to NRS 281.511, Subsection 1.

Agenda Item 2 – Executive Director’s Report on the Status of 2003 Annual Financial Disclosure Statements Filed with the Commission Pursuant to NRS 281.561

In open session, the Executive Director reported on the status of 2003 annual financial disclosure statements filed by public officers and the 2003 candidate financial disclosure statements including candidates who, as of February 18, 2003, had failed to file a financial disclosure statement pursuant to NRS 281.561. The Commission received a request for waiver from first time candidate, Jorge Macias from Mesquite.

A motion was made by Commissioner Kosinski and seconded by Commissioner Hsu to waive the civil penalty since Mr. Macias is a first time candidate and the information provided to him was unclear regarding specific filing dates for various items. The motion was put to a vote and passed unanimously.

Commissioner Berman was disconnected from the conference call after agenda item 2.

Agenda Item 3 – Executive Director’s report on the status of bills pending in the 2003 Legislative session and FY2004 and FY2005 operating budget request, discuss and take any action related thereto.

In open session the Executive Director reported on the status of issues pending in the 2003 Legislative session including:

· SB 147, the Commission’s legislative proposal, which is pending work session in the Senate Committee on Government Affairs;

· AB 127, which would repeal the campaign practices statutes and sections of the ethics in government law which have been deemed unconstitutional by the courts, and which is pending hearing in the Senate Government Affairs Committee;

· Agency operating budget adopted at the levels recommended by the Governor in the Senate on April 7; and

· Agency operating budget on which action was delayed in the Assembly on April 7, pending information from Legislative Counsel Bureau fiscal analysts regarding a local government cost-sharing of NCOE funding.

Agenda Item 4 – Approve the Minutes of the February 13, 2003 and March 26, 2003 Commission Meetings

In open session, the Commission discussed the minutes of the February 13, 2003 and March 26, 2003 Commission meetings. A motion was made by Commissioner Sheets and seconded by Commissioner Kosinski to approve the minutes. The motion was put to a vote and passed unanimously.