Opinion No. 99-64
BEFORE THE NEVADA COMMISSION ON ETHICS
IN THE MATTER OF THE REQUEST FOR OPINION concerning the conduct of NEIL HARRIS, Sheriff of Elko County
This
matter came before the Nevada Commission on Ethics (hereinafter
"Commission") on May 25, 2000, on a third-party Request for Opinion
(ethics complaint) submitted on December 29, 1999, by Ron Dickenson concerning
the conduct of Neil Harris, Sheriff of Elko County, Undersheriff Steve Bishop,
and Lt. William Cunningham. The complaint alleges that Sheriff Harris,
Undersheriff Bishop and Lt. Cunningham violated NRS 281.230 by purchasing
firearms for the Elko County Sheriff's Office from Neil's Powder House, a
firearms business owned by Sheriff Harris and his wife.
On
May 10, 2000, Sheriff Harris filed a Motion to Dismiss Proceedings Against
Undersheriff Bishop and Lt. Cunningham. For good cause shown, the Commission
granted the motion and dismissed the matter as to Undersheriff Bishop and Lt.
Cunningham. Sheriff Harris and the Commission stipulated to resolve the matter
as against Sheriff Harris without a hearing. The Stipulation entered into
between Sheriff Harris and the Commission is attached hereto and its terms are
incorporated herein by reference and reflects the following:
1.
Sheriff Harris and his wife own Neil's Powder House in Elko, Nevada,
a retail firearms business.
2.
Undersheriff Bishop and Lt. Cunningham have no financial interest in
Neil's Powder House.
3.
In July 1999, the Elko County Sheriff s Office purchased Mossberg weapons
from Neil's Powder House. The transaction resulted in a profit to Neil's Powder
House in the amount of $4.51. Neil Harris subsequently paid the $4.51 profit to
Elko County.
4.
Sheriff Harris erroneously assumed that the Elko County Sheriff's Office
had received three bids on the Mossberg weapons prior to purchasing them from
Neil's Powder House.
5.
Undersheriff Bishop and Lt. Cunningham report directly to Sheriff
Harris, but Sheriff Harris was not involved in the bid process which resulted in
the Elko County Sheriff's Office purchasing the Mossberg weapons from Neil's
Powder House.
6.
Sheriff Harris relied in good faith on the advice of legal counsel
pursuant to NRS 281.551, Subsection 6(a).
7.
The purchase of the Mossberg weapons by the Elko County Sheriff s Office
from Neil's Powder House occurred prior to Advisory Opinion No. 99-32 rendered
by the Commission.
8.
The Elko County Sheriff's Office has transacted no business with
Neil's Powder House since Advisory Opinion No. 99-32 was rendered.
1.
Sheriff Harris is a public officer as defined by NRS 281.005 and NRS 281.4365.
2.
The Commission has jurisdiction to render an opinion in this matter
pursuant to NRS 281.465, Subsection I (a); and NRS 281.51 1, Subsection 2(b).
WHEREFORE,
on motion duly made,
seconded, and unanimously approved, the Commission renders the following
Opinion:
Sheriff
Harris violated NRS 281.230 in July 1999 when the transaction between Neil's
Powder House and the Elko County Sheriff s Office resulted in a profit of $4.51
to Neil's Powder House, a business owned by Sheriff Harris.
However,
Neil Harris has paid the $4.51 profit to Elko County and the matter has been
resolved pursuant to the attached Stipulation wherein Sheriff Harris
acknowledges the violation of NRS 281.230 and agrees that, so long as he
simultaneously is Sheriff of Elko County and he and his wife have any ownership
interest in Neil's Powder House, the Elko County Sheriff's Office will not
purchase any goods or services from Neil's Powder House.
Sheriff
Harris relied in good faith upon the advice of legal counsel concerning the
transaction between the Elko County Sheriff's Office and Neil's Powder House in
this matter.
NOTE:
THIS 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 IN THIS OPINION MAY BE DRAWN TO APPLY GENERALLY TO ANY
OTHER FACTS AND CIRCUMSTANCES.
DATED:
June 15, 2000.
NEVADA
COMMISSION ON ETHICS
By:
/s/ Peter C. Bernhard,
Chairman
The
Nevada Commission on Ethics and Neil Harris, Sheriff of Elko County, hereby
stipulate to the following as, and for, the resolution of Opinion Request No.
99-64:
1.
Neil Harris, Sheriff of Elko County, violated NRS 281.230 in July of
1999, when the Elko County Sheriff purchased Mossberg weapons from Neil’s
Powder House, a business owned by Neil Harris and his wife.
2.
The sale of the Mossberg weapons resulted in some profit to Neil’s
Powder House, and pursuant to NRS 281.230(6), Harris will pay to Elko County
said profit, in the amount of $4.51, on or before June 30, 2000.
3.
Steve Bishop and William Cunningham, having no financial interest in
Neil’s Powder House, did not violate NRS 281.230 in the Elko County
Sheriff’s purchase of Mossberg weapons from Neil’s Powder House in July,
1999.
The
Nevada Commission on Ethics finds the following mitigating factors:
1.
Neil Harris erroneously assumed that three bids had been received and
that all the bidders had an opportunity to submit a bid on the Mossberg weapons,
as well as the Remington weapons;
2.
While Neil Harris directly supervised Undersheriff Steve Bishop and Lt.
William Cunningham, Harris was not involved in the bid process which resulted in
the Sheriff’s purchase of Mossberg weapons from Neil’s Powder House;
3.
Neil Harris relied in good faith on the advice of legal counsel retained
by the public body which the public officer represents, pursuant to NRS
281.551(6)(a); and
4.
The Elko County Sheriff has transacted no business with Neil’s Powder
House since the Commission’s opinion in 99-32, an advisory opinion relating to
the Elko County Sheriff’s purchase of services from Neil’s Powder House.
Neil
Harris agrees that, so long as he simultaneously is Sheriff of Elko County and
he and his wife have any ownership interest in Neil’s Powder House, the Elko
County Sheriff will not purchase any services or supplies from Neil’s Powder
House. Harris has paid to Elko
County $4.51, the profit from this transaction.
The
conduct of Neil Harris falls within the criteria of NRS 281.551(6)(a), therefore
the Commission will impose no civil penalty.
Dated:
June 9, 2000.
/s/
Neil Harris, Sheriff, Elko County
/s/
Kristin A. McQueary, Chief Civil Deputy, Elko County District Attorney
/s/
Kenneth A. Rohrs, Executive Director, Nevada Commission on Ethics