Commission finds no abuse of power in affair of bottled water

CARSON CITY -- The state Ethics Commission showed Wednesday it would spare no expense in its quest to investigate and render solid opinions -- even if the perceived violation amounted to four bucks.

After a 90-minute hearing, the commission voted 5-0 to absolve Storey County School Board President Pamela Smith of ethics violations in a dispute over four bottles of water, valued at $1 each.

It seems Smith tried to secure the water without paying on Aug. 18 from the concession stand at Virginia City High School's new $250,000 football field. On that day, the Muckers relaunched football after a 64-year absence.

Guests at the inaugural game were two men who had played on the last team in the early 1940s.

Smith told the commission she asked concessions worker Laurie Barrington for free water for the two guests, with bottles for herself and her husband.

But Barrington told her that concession profits go for the team. If Smith tried to get free water, then it would be "over my dead body," Barrington said she replied .

Smith signed an IOU and later paid $5 for the water. Still, a complaint was filed that alleged she tried to use her position to receive unwarranted privileges. That would violate state ethics laws.

School Superintendent Robert Slaby testified that the former players were treated as VIPs, including being given shirts and other trinkets. He said he could not be certain, but he might have indicated there was nothing wrong in giving them free water on an 80-degree day.

He called the incident an "unfortunate misunderstanding."

Commissioners ruled that because Smith's IOU was accepted by Barrington and Smith eventually paid for the water, no ethics law was violated.

"This is a very serious matter, not to be taken lightly, no matter the value," said Commissioner Caren Jenkins, who moved to dismiss the complaint.

Commissioner George Keele said both Smith and Barrington were trying to do the right thing, and he agreed no law was violated.

When asked afterward why the commission would spend its time on such a minor dispute, Commissioner Jim Kosinski said there is no minimum threshold in state ethics laws for complaints considered by the commission.

"Do you want to enact one?" he asked. "What would it be? Five dollars? $100?"

The state, however, is in the midst of a financial crisis. Gov. Jim Gibbons in January probably will cut state spending by at least 8 percent because of a drop in expected tax revenue. Layoffs are likely.

The complaint against Smith was investigated by the commission staff and reviewed by a two-member panel before being forwarded to the entire commission for a public hearing.

Smith even hired a private lawyer to defend her in the dispute.