Opinion No. 98-44

BEFORE THE NEVADA COMMISSION ON ETHICS

In the Matter of the Opinion Request Regarding JAMES NAKADA, et al.

ORDER REGARDING APPLICATION FOR SANCTIONS

This matter came before the Commission on April 16, 1999 in Reno regarding an Application for Sanctions filed against Mr. D. G. Paul. Mr. Paul originally submitted a third party opinion request concerning Mr. Nakada and other IVGID members on August 26, 1998. The present Application contends that Mr. Paul violated NPS 281.551 by filing the initial opinion request. A Just and Sufficient Cause hearing concerning Mr. Paul's Opinion Request was conducted by the Commission on September 17, 1998. At the conclusion of that Just and Sufficient Cause hearing, Mr. Paul's opinion request was dismissed.

Mr. Nakada appeared, represented himself and presented testimony. Mr. Paul also appeared, represented himself, and presented testimony, Other IVGID members who were initially listed as parties in the Application withdrew as parties seeking sanctions against Mr. Paul. Testimony was also received from Mr. Kidwell in support of Mr. Paul. Mr. Kidwell also stated that he personally spoke with Mr. Toto about the sanctions hearing scheduled for April 16, 1 999. Mr. Toto informed Mr. Kidwell that he had not received a notice of the hearing in the mail and therefore, he was not going to attend. Mr. Kinsman, a current IVGID trustee, testified that the current IVGID board wished to put the matter behind them and did not want to proceed with sanctions against Mr. Paul.

The Commission was very concerned with the fact that Mr. Paul signed and filed the opinion request based upon information that others gave to him. They felt that since he signed the opinion request, he should have, at the very least, made an attempt to verify the information he received from others. However, after hearing the testimony and considering the evidence from the parties present, the Commission determined that Mr. Paul's actions, although inappropriate, did not constitute a technical violation of NRS 281.511 since the opinion request was not filed for political purposes. As such, the Commission unanimously voted not to impose sanctions against Mr. Paul.

COMMENT

The foregoing opinion applies only to the specific facts and circumstances defined herein. Facts and circumstances which differ from those in this opinion may result in an Opinion contrary to this Opinion. No inferences regarding the provisions of Nevada Revised Statutes quoted and discussed I this Opinion may be drawn to apply generally to any other facts and circumstances.

DATED:  May 8, 2000.

NEVADA COMMISSION ON ETHICS

By:  MARIO RECANZONE, Vice Chairman