Saturday, September 17, 2005
Copyright © Las Vegas Review-Journal

COUNTY COMMISSIONER: Home away from home works

Atkinson Gates has house in one district, apartment in hers

Yvonne Atkinson Gates and her family recently built this home in Summerlin, but the county commissioner says she and her daughter spend five nights a week at an apartment in her district. Photo by Isaac Brekken Yvonne Atkinson Gates Says she still can help voters in her district

Clark County Commissioner Yvonne Atkinson Gates recently built a home in a northwest community, but she said it will be years before she can permanently join her husband and daughter in the new house.

That's because the home is in a Summerlin neighborhood overseen by her colleague, Commissioner Lynette Boggs McDonald. State law requires that a commissioner reside in the district that elected her.

Atkinson Gates said she has rented an apartment in her old neighborhood near University Medical Center, but wouldn't say exactly where.

She plans to stay at the apartment not only for the remaining three years of her term, but an additional four years if she is re-elected in 2008.

Atkinson Gates' husband, District Judge Lee Gates, moved into the home a week ago.

The commissioner also wouldn't reveal the address of the home, but county recorder records show it is at 27 Quiet Moon Lane. The home is on a half-acre west of the Las Vegas Beltway and beyond West Flamingo Road.

The couple bought the land in 2003 for about $346,000, records show.

Atkinson Gates and her 12-year-old daughter stay at the apartment five nights a week, she said.

The commissioner said she still owns a home, land and inheritance property in District D, which includes much of North Las Vegas. Owning a home in Summerlin will not affect her dedication to her constituents, she said.

"It's stronger than ever. I'm not going to change my feeling on the people who I represent. That is not going to change."

Her family chose to build a home in Summerlin for investment purposes, she said.

"It's called investment; it's a good opportunity," Atkinson Gates said. "I'm not going to be a public official all my life. I have to look out for the welfare of my family."

Larry Lomax, the county's registrar of voters, said rental properties have long been controversial during election season. Candidates are accused of not actually residing in a district when a rental property appears not to be a primary residence.

"There is nothing in the law that defines it (residency) clearly, I can assure you of that," Lomax said. "It depends on what the person is doing and what the judge decides" if it is legally challenged.

In the past, candidates have been thrown off the ballot because they did not have electricity hooked up to a residence listed on candidacy form, Lomax said.

Deputy District Attorney Rob Warhola said Atkinson Gates can vote on issues in the Summerlin community as long as they do not affect her property values.

"The impact would have to be direct, not general," Warhola said. "If there's an argument that she was so close (to a project) that it would affect the value of her home, she might have to abstain."

Warhola referred further questions to the county's lead attorney, Mary Anne Miller. Miller did not return repeated telephone messages Thursday and Friday.

Renting an apartment rather than owning a home should not make a difference in Atkinson Gates' ability to serve the district, Clark County Manager Thom Reilly said.

"Renting is as legit as owning," Reilly said. "You don't have to own to live in the district; that would disqualify a good segment of the population from running for office."