Opinion No. 97-51

BEFORE THE NEVADA COMMISSION ON ETHICS

In the Matter of the Request for Opinion concerning the conduct of

JAN JONES, Mayor of Las Vegas

This Opinion is in response to a third-party request filed on July 2, 1997 with the Nevada Commission on Ethics (Commission) by Robert Rose concerning the conduct of Jan Jones, Mayor of Las Vegas. A public hearing was held on May 14, 1998 at which Mr. Rose and Ms. Jones both appeared and testified. At the conclusion of the hearing, the Commission publicly deliberated the matter and rendered its decision. The Commission now issues the Findings and Fact and Opinion which follows.

FINDINGS OF FACT

1. On October 20, 1993, the Las Vegas City Council voted regarding certain issues related to the exercise of eminent domain in furtherance of the Fremont Street Experience project.

2. On September 12, 1994, the Las Vegas City Council voted regarding certain issued related to the exercise of eminent domain regarding property related to the Stratosphere.

3. On July 19, 1996, Ms. Jones purchased stock in the Mirage Corporation.

4. On January 15, 1997, Ms. Jones purchased stock in Grand Casinos.

ANALYSIS AND OPINION

Mr. Rose alleged, based solely upon a newspaper article in the Las Vegas Review-Journal, that Ms. Jones violated various provisions of the Ethics in Government Law by advocating on behalf of an voting for eminent domain matters related to the Fremont Street Experience project and the Stratosphere while holding stock in corporations that would be affected by her votes. The substantial evidence at hearing showed that Ms. Jones did not own stock in the affected corporations until years after her participation and votes. Because Ms. Jones had no interest in the corporations to disclose or on behalf of which she could take any action at the time of her participation and votes at issue, Ms. Jones did not violate any provision of the Ethics in Government Law.

CONCLUSION

Ms. Jones did not violate any provisions of the Ethics in Government Law in this matter.

COMMENT

It is specifically noted that the foregoing Opinion applies only to these specific facts and circumstances. The provisions of the Nevada Revised Statutes quoted and discussed above must be applied on a case-by-case basis, with results which may vary depending on the specific facts and circumstances involved.

DATED:  June 30, 1999.

NEVADA COMMISSION ON ETHICS

By:  /s/  MARY E. BOETSCH, Chairwoman