Advisory Opinion No. 01-36
BEFORE THE NEVADA COMMISSION ON ETHICS
IN THE MATTER OF THE REQUEST FOR ADVISORY OPINION OF
LINDA HOWARD, Member, Board of Regents of the University and Community College System of Nevada
This
matter came before a quorum of the Nevada Commission on Ethics (hereinafter the
“Commission”) for hearing on October 11, 2001, on the request for advisory
opinion filed by Linda Howard, Member, Board of Regents, University of Nevada,
pursuant to NRS 281.511, Subsection 1. The
matter was properly noticed as a confidential matter pursuant to NRS 281.511,
Subsection 5. However, on the
record, Ms. Howard waived confidentiality and the Commission considered this
matter in open session. Ms. Howard
appeared in person, was sworn and presented testimony.
Ms.
Howard seeks an opinion from the Commission advising her regarding the propriety
of potential employment as a Public Service Intern I with a federally funded
non-academic program associated with the University of Nevada, Las Vegas, while
she serves as an elected member of the University Board of Regents.
The
Commission, after full consideration of the request for advisory opinion, and
the testimony and evidence presented to the Commission, makes the following
Findings of Fact and Conclusions of Law.
FINDINGS
OF FA
1.
Ms. Howard is an
elected member of the Board of Regents of the University and Community College
System of Nevada. She was elected
to that position in November 2000.
2.
Ms. Howard is also an
undergraduate student at the University of Nevada, Las Vegas (UNLV), working
toward a Bachelor Degree in Education and Business.
She anticipates completing her undergraduate studies in May 2002.
3.
In or about early
September 2001, Ms. Howard learned about a part-time Public Service Intern I
position available to UNLV students. The
position is an academic-year appointment and supports UNLV’s off-campus
Academic Outreach Program (the “Program”) under the direction of the
Program’s Executive Director, Dr. Bill Sullivan.
The intern position reports to the Program’s Assistant Director, Dr.
Jill Triplett, who reports to the Program’s Executive Director, Dr. Bill
Sullivan, who reports to UNLV’s Vice President of Student Life, who reports to
UNLV’s President. The Board of
Regents has no direct control over the Program and its staff.
4.
Ms. Howard learned
about the position in her capacity as a student from the Director of the
University’s Office of Diversity, Ann Casados-Mueller.
Ms. Casados-Mueller met Ms. Howard in the 1980s when she was employed by
the Nevada Department of Human Resources and Ms. Howard was working for Governor
Miller. Ms. Casados-Mueller knows
Ms. Howard as a student at UNLV. She
is familiar with Ms. Howard’s work with minority students and minority issues
in the community and, therefore, believed that Ms. Howard was well suited for
the public service intern position and encouraged her to apply.
5.
In her position at
UNLV, Ms. Casados-Mueller reports to the Vice President of Administration, Dr.
Juanita Fain, who reports to the President of UNLV.
The Board of Regents has no direct control over Ms. Casados-Mueller’s
position at UNLV.
6.
The Public Service
Intern I position is federally funded and available to all university
undergraduate students. After she
graduates from UNLV in May 2002, Ms. Howard will no longer be eligible to work
in that position. Total
compensation to the student appointed to the Public Service Intern I position
for the academic year is $14,000 and is paid from the Academic Outreach
Program’s budget.
7.
The Public Service
Intern I position would provide Ms. Howard the opportunity to work on behalf of
minority students at the middle school through high school level.
8.
At the time Ms. Howard
applied for the Public Service Intern I position, a Public Service Intern II
position was also available to graduate level students.
The Public Service Intern II position has already been filled.
The intern positions at UNLV have existed for many years, and job
specifications for both positions, including required qualifications, have been
issued by the State of Nevada Department of Personnel since April 1966.
Several students, including Ms. Howard, have applied for the Public
Service Intern I position. The
successful candidate will be selected sometime soon and work for the Program
beginning with the next academic semester.
1.
Ms. Howard 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 281.511, Subsection 1, and NRS 281.521.
WHEREFORE, on
motion duly made, seconded, and approved by majority vote, the Commission
renders the following Opinion:
The
Commission finds nothing in the facts and circumstances provided to the
Commission by Ms. Howard in this matter that would specifically place Ms. Howard
in violation of Nevada’s Code of Ethics for public officers provided in NRS
281.481 should she be selected as the successful candidate to fill the
Program’s position of Public Service Intern I.
However, the facts and circumstances herein do cause the Commission
concern about potential ethical risks inherent under these facts and
circumstances. Ms. Howard is
cautioned that, as an elected member of the Board of Regents, she is subject to
the disclosure and/or abstention provisions of NRS 281.501 with regard to
potential conflicts between her private interests in the Program’s Public
Service Intern I position and her public duties as a member of the Board of
Regents. Ms. Howard is also cautioned that her potential dual
capacities as an elected member of the Board of Regents (which oversees the
university administration and university issues) and an employee of a UNLV
Program presents a very real risk of the appearance of impropriety (potentially
implicating at least NRS 281.481, Subsection 2) and the potential for abuse of
the power she possess as an elected member of the Board of Regents.
Ms. Howard is, therefore, reminded that, notwithstanding this first-party
opinion of the Commission, the public is not precluded from subsequently
bringing facts supporting possible disclosure, abstention, impropriety, and/or
abuse of position allegations before this Commission in the form of an ethics
complaint (should such issues arise), and she is cautioned to maintain
appropriate separation between her potentially conflicting roles with regard to
the university in accordance with the public policy declared in NRS 281.421.
NOTE:
THE FOREGOING OPINION APPLIES ONLY TO THE SPECIFIC FACTS AND
CIRCUMSTANCES DEFINED HEREIN. FACTS
AND CIRCUMSTANCES THAT 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:
February 1, 2002.
NEVADA
COMMISSION ON ETHICS
By: TODD RUSSELL, Chairman