JANE ANN MORRISON:
Atkinson Gates wins battle on utility issue, but some call it a power play
If you had a beef with Nevada Power, would your call immediately be brought to the attention of its president, Pat Shalmy?
Only in your dreams.
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But when contractor Yvonne Atkinson Gates called the power company's government affairs department about a problem with a custom home she is building for Recorder-elect Deborah Conway, her concern immediately was red-flagged and brought to Shalmy's attention. (Conway is also Atkinson Gates' partner in the construction business, another relationship ripe for conflicts.)
Atkinson Gates said she didn't call as a commissioner, and identified herself only as "Yvonne Gates" precisely because she didn't want to use her political power to get any special treatment. "I follow the rules like everybody else," she said. "I don't go around telling everybody I'm Commissioner Gates."
But that doesn't mean people in Nevada Power's government affairs department are clueless about who Yvonne Gates is. She's one of seven commissioners who vote on Nevada Power issues, including easements and franchise agreements.
Shalmy insisted that when he looked into whether the location of a power panel on the custom home conformed to the power company's standards, he decided that her complaint was legit. Although power company officials further down the line had said the panel didn't conform to standards then in effect, he overruled them, partly because the standards were in the process of being changed. So Shalmy decreed that power officials should let her put the power panel where she wanted to put it.
"I did not feel I was giving her special treatment," Shalmy said. But he acknowledged that Joe Blow Citizen's identical problem wouldn't have made it to his office. "But if Joe Blow had, I would have acted the same."
But that's the point. Joe Blow's appeal doesn't make it to the president of the company for consideration.
Cries of special treatment for Atkinson Gates burst forth from others in the Ridges in Summerlin, who didn't get approval for their desired power panel location. At least one other homeowner/developer on Skybird Court received a similar approval from Nevada Power (and without talking to Shalmy). But at least a half-dozen others in the neighborhood of expensive custom homes were not allowed to put power panels where they wanted. And they think Atkinson Gates got a benefit that they didn't because of who she is.
Atkinson Gates explained in detail why she received no special treatment, that the plans had been submitted in July and that other homes on the street had similar plans approved. "It was an issue of fairness; I was not being treated special." She is shocked and disappointed that others are saying she was.
Even if Shalmy and Atkinson Gates are correct and she received no special treatment, a perception problem remains.
Squabbling over the location of a power panel might seem like a lot of hooey over a relatively small issue. However, Atkinson Gates in October 2006 was licensed as a Nevada contractor for her business, "Built by Yvonne," and her business has made her a conflict magnet. She's going to be dealing with issues that require government approval, such as electrical, plumbing and building inspections, and that makes her vulnerable to future conflict of interest charges. Every time she makes a call to fix something not going her way, the "special treatment" accusation will arise.
"This is going to come up all the time," ethicist Craig Walton said. "She ought to delegate all her permit and inspection questions to someone who doesn't have her name recognition."
He said the way to avoid the conflict allegations would be for her to put a barrier of protection up for herself, by having her architect or construction boss make such calls, thus insulating her from charges that she used her power as a commissioner to smooth the way.
Atkinson Gates was having none of Walton's proposal and said she won't stop making her business calls because she loves building homes. "I don't care about perception. This is not special treatment. There is no conflict."
Rest assured, her calls to those who have business with the county always will get the top guy's attention, even if she doesn't call directly.
Sometimes you don't have to ask for special treatment; sometimes it just comes your way when you have power.
Jane Ann Morrison's column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call 383-0275.