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Consultant worked for both developer and city of Henderson on sports complex

It's a consultant's dream, working for both a government agency and a private party on the same land deal at the same time. Welcome to Michael Ford's world in the city of Henderson.

Ford, a land consultant who worked for the Bureau of Land Management for a quarter-century, worked for both Texas developer Chris Milam on Milam's ill-fated pro sports complex proposal in Henderson and the city of Henderson on the deal to acquire 480 acres of federal desert land for the project.

"Welcome to Vegas," quipped Christopher Stream, a University of Nevada, Las Vegas professor who studies local government issues.

A consultant drawing paychecks from both sides of the table led a county commissioner who represents part of Henderson to say the arrangement reflects badly on both Ford and on the city.

"At the surface, it sounds like a conflict of interest," Clark County Commissioner Steve Sisolak said Wednesday. "At the time, it doesn't look like it will be a problem. But it's a little naive to think there wouldn't be a possible problem down the road.''

Ford's double-duty surfaced in a lawsuit filed for the city against Milam, Ford and three other defendants filed in District Court this week.

The lawsuit alleges Milam and a quartet of accomplices, including Ford, created a bait-and-switch ruse by promising to build an arena-stadium complex when they were trying to get a sweetheart land deal from the BLM to flip the property piecemeal to residential and commercial developers.

Playing the role of agent for both the city and Milam, Ford worked on a BLM notice that was published in the Federal Register. The city paid Ford $500 a month for his arena-stadium work, according to his city contract. Ford, of Abbey, Stubbs and Ford LLC, also has a $45,000 Public Works Department contract for right-of-way projects.

Ford's work on both sides of the aisle is a subplot in the lawsuit, which asks the court for an injunction or order to block Milam and the four defendants from selling or using the land for anything but an arena-stadium complex.

The lawsuit portrays Ford as two-timing the city by helping Milam's bid for the land to the detriment of the city.

The city in its lawsuit said it asked Ford to delay the BLM's publication of a notice of the sale in the Federal Register to allow more time to investigate Milam, but Ford ignored the direction and instructed the BLM to publish it, "in violation of his duties to the City."

In court papers, the city alleges that Ford later falsely told city officials the nomination could be withdrawn before completion of the sale.

In a brief interview, Ford acknowledged working for both sides but denied the lawsuit's allegations and declined further comment.

Caren Cafferata-Jenkins, executive director of the Nevada Commission on Ethics, said no state ethics statutes appear to be violated by having Ford work for both sides

"Whether it's good judgment or not is another story," she said Wednesday. "Logic might dictate there might come a time where they will have conflicting interests."

Sisolak said he is troubled by Ford's role as a consultant for both the city and Milam. He said Henderson officials should have been wary of allowing Milam to hire Ford for the arena land deal.

Stream, the UNLV professor, agreed.

Both sides figured they would hire Ford to facilitate the BLM land process because it seemed like it was mutually beneficial at the time, Stream said. But when Milam said the arena project was not feasible and appeared to be pursuing residential development, Ford's dual role came under scrutiny, Stream said.

"There was a rush for an economic development project. You could see where corners were cut," Stream said. "But when the deal goes well and the goal is achieved, you never hear about these situations."

Henderson Mayor Andy Hafen said Wednesday that he was comfortable with the arrangement because of Ford's extensive BLM experience.

Though Milam had failed in earlier attempts to build his complex near the Strip, he persuaded Henderson officials in September 2011 to nominate him to buy the BLM land for what they believed would be a pro sports complex. In June 2012, the BLM declared Milam the winner. He has paid the BLM $10.5 million for the 480 acres, but the agency delayed the closing to Feb. 6.

In its lawsuit, the city alleges Ford stood to make thousands of dollars above his usual fees for helping Milam close the BLM buy. "Ford has significant financial interests in the Project and purchase of the Land from the BLM by Silver State Land (Milam's company), separate and apart from his ordinary compensation for providing consulting work for Milam and the Corporate Defendants (which was substantial)," the lawsuit alleges.

In another section of the lawsuit, the city alleges that Ford "attempted to pressure the BLM into issuing the Patent to the Land to the detriment of the City and to the benefit of the Milam Defendants."

The lawsuit cites a Nov. 30 incident when Ford is said to have threatened City Attorney Josh Reid during a phone call "by stating that he and the City should not interfere with the transfer of the Land to Milam, and indicated that there was nothing that the City could do to prevent the BLM from issuing a patent for the Land to Milam. At no time during the conversation did Ford disclose that he stood to gain a substantial fee upon the transfer of the Land from the BLM."

Contact reporter Alan Snel at asnel@reviewjournal.com or 702-387-5273.

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