Judge’s ruling limits sway of state ethics panel

CARSON CITY — The Nevada Ethics Commission has no legal authority to hear complaints filed by residents against state legislators, a judge ruled Tuesday.

District Judge William Maddox determined that the Ethics Commission is an agency of the executive branch of government and that under the separation-of-powers doctrine cannot intercede in matters pertaining to the legislative branch.

“Each house of the Legislature has the exclusive power to determine the rules of its legislative proceedings and punish its members for improper conduct relating to those legislative proceedings” under a clause in the state constitution, the ruling said.

The ruling cancels an Ethics Commission hearing on a complaint filed against state Sen. Warren Hardy, R-Las Vegas.

Ethics Commission Executive Director Patty Cafferata has announced the commission will appeal the decision to the state Supreme Court.

She said the commission over the years has heard 19 complaints against legislators without a murmur that it had no authority to do so.

Maddox’s decision was not unexpected. He ruled from the bench a month ago that the Ethics Commission could not handle complaints against legislators.

Deputy Legislative Counsel Kevin Powers said bills will be introduced at the 2009 session of the Legislature to create a committee in which legislators or people they designate would hear complaints filed against lawmakers.

He compared the situation to the judiciary branch. Complaints against judges are heard by the Judicial Discipline Commission, not the Ethics Commission.

Powers said the Legislature takes the position that the Ethics Commission still can hear complaints against legislators except when the complaint concerns their core duty, which is voting on bills.

He does not contest the decision years ago to fine then-state Sen. Sandra Tiffany, R-Henderson. She paid a $10,000 fine after admitting she used her position as a legislator to benefit her private online sales business. She lost her bid for re-election in 2006 before the decision was made but after the complaint was filed.

After being told of Maddox’s decision Tuesday, Tiffany said she will contact her lawyer and see whether her admission can be withdrawn on the grounds the Ethics Commission should not have heard her case.

“I want to be vindicated,” Tiffany said.

But Maddox agreed with Powers’ view the commission still can handle cases that do not involve voting by legislators.

The judge said legislators have immunity from Ethics Commission investigations only on “actions that fall within the sphere of legitimate legislative activity,” such as “voting and participation on a legislative matter.”

Powers’ research found that in eight incidents, most recently in 1995, the ethics panel investigated complaints about voting by legislators.

But in each case, the commission threw out the complaint, Powers said.

While legislators could have argued they were immune from punishment by the panel, Powers said, they chose not to raise that defense.

Henderson resident Richard B. Miller filed a complaint against Hardy with the Ethics Commission in the spring and alleged that the senator repeatedly broke laws by not abstaining from voting on matters that helped his employer, Associated Builders and Contractors. He is president of the organization.

While dropping 11 of the 12 charges against Hardy, the commission ruled sufficient cause existed to conduct a full hearing on whether he broke laws by voting in 2007 on Senate Bill 509. The hearing was set for early December.

The bill would have required contractors to pay more money to workers on some projects.

After the bill was defeated, Hardy sent a letter to ABC-Las Vegas members “trumpeting” the defeat of the bill.

Hardy said he was permitted to vote on matters involving ABC based on what he was told by legislative lawyers.

Nevada has a citizen Legislature where most members hold outside jobs, Hardy said Tuesday. Every member sometimes votes on matters that affect his outside employer or himself, he said.

But under state law, legislators can vote on such matters if the bills in question do not give them or their employers a benefit greater than similar employees and employers.

“We have schoolteachers who vote for their own raises because it doesn’t impact them more than other schoolteachers,” Hardy said.

He said that at the start of each session, he follows legislative legal counsel advice and files a public notice identifying his employer. He said he twice announced aloud that SB509 would affect ABC.

Powers agreed Hardy did follow the advice of legislative lawyers and was permitted to vote on the bill in question.

On another bill, considered at the Dec. 8 special session, Hardy said he announced that the ABC was his employer. He then abstained from voting on a measure that reduced the fees businesses receive for collecting taxes for the state.

Hardy said he abstained because at that time, Maddox had not issued a written decision. The bill affected builders and contractors, but not more than other businesses.

“I abstained out of an abundance of caution,” Hardy said.

Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.

ad-high_impact_4
News
Hundreds Attend Slides, Rides and Rock and Roll in North Las Vegas
Hundreds attended the inaugural slides, rides and rock and roll event in North Las Vegas Saturday. The event featured a car show, water slide park and live music. (Madelyn Reese/ Las Vegas Review-Journal)
It's All Rainbows At The Center's New Cafe
The Gay and Lesbian Center of Southern Nevada (The Center) introduced its new coffeeshop, Little Rainbow Cafe, in June. Rainbows are everywhere, even in the lattes and toast, and employees wear t-shirts with the quote "Be a rainbow in someone's cloud." Owner Ben Sabouri said the concept is "built around the idea of, you know, be kind and treat everybody the same." (Madelyn Reese/Las Vegas Review-Journal)
Get a Rainbow Latte at the The Center's Little Rainbow Cafe
The Center, a community center for the LGBTQ community of Southern Nevada, has a new cafe. Little Rainbow Cafe serves up a pride-inspired signature "Rainbow Latte." (Madelyn Reese/Las Vegas Review-Journal)
Pedestrian killed trying to cross Sahara
A pedestrian was killed Friday trying to cross Sahara Avenue near Maryland Parkway about 5 a.m. A sedan struck the pedestrian while the person was outside the crosswalk between Maryland Parkway and Pardee Place, according to Las Vegas police. Police also said the driver of the sedan remained at the site of the crash. The pedestrian was pronounced dead at the scene. This is the 75th fatal crash that Las Vegas police have investigated in 2018.
Man shot multiple times
Las Vegas police are investigating after a man was shot multiple times early Friday morning. The shooting was called in about 3:20 a.m. at the Harbor Island Apartments, 370 E. Harmon Ave., near Koval Lane. The man was hospitalized and is expected to survive, but police are still searching for the shooter.
Former Military Police Corps Officer Celebrates 100th Birthday
Summerlin resident Gene Stephens, who served as a military policeman in WWII and escorted then-Gen. Dwight Eisenhower and President Roosevelt during the war, turned 100 on July 13, 2018. He credits his longevity to living a normal life, exercising regularly and eating three square meals a day. (Madelyn Reese/Las Vegas Review-Journal)
Motorcyclist suffers serious injuries
A motorcycle rider was seriously injured Tuesday night after a crash on Charleston Boulevard. The crash was reported just before 10 p.m. near Durango Drive, according to Las Vegas police. The motorcyclist was hospitalized with unknown injuries but is expected to survive. Las Vegas police are investigating the cause of the accident.
CCSD Superintendent Jesus Jara Has Lunch With Students
New Clark County School District superintendent Jesus Jara continued his listening tour by having lunch with students at Red Rock Elementary School as part of the district's summer lunch program. In conjunction with the U.S. Department of Agriculture, children under the age of 18 can find a free lunch at 104 different locations across the valley through the summer months. Jara highlighted the free program and the importance of eating healthy during his visit. (Madelyn Reese/ Las Vegas Review-Journal)
Timeline Leading Up to Scott Dozier's Execution
Scott Dozier is set to be executed by lethal injection the night of July 11 at Ely State Prison. Dozier was convicted of the April 2002 killing of 22-year-old Jeremiah Miller and was given the death penalty in Oct. 2007. In 2016 Dozier asked in a letter to District Judge Jennifer Togliatti requesting that he “be put to death.” A three-drug cocktail of midazolam, a sedative; the painkiller fentanyl; and cisatracurium, a paralytic, is expected to end his life. (Madelyn Reese/Las Vegas Review-Journal)
New Program Helps Mothers Battling Addiction
Jennifer Stanert has battled drug addiction on and off for the last 21 years. It caused her to lose custody of one of her children, Alec, after she gave birth while high. A new program at Dignity Health St. Rose Dominican Hospitals aims to connect mothers like Stanert with community resources and provide case management services while still pregnant to get connected to lactation and parenting classes, group peer support and education on neonatal abstinence syndrome. (Madelyn Reese/ Las Vegas Review-Journal)
Felon caught with guns in Mandalay Bay room 3 years before Las Vegas shooting
A felon was caught with guns in a Mandalay Bay hotel room three years before the October 1st mass shooting. Six weapons were found inside Kye Aaron Dunbar’s 24th floor room in November 2014. Four were semi-automatic. One was a scoped rifle pointing toward the Strip, according to court documents. Dunbar was sentenced to 40 months in federal prison for unlawful possession. The case just came to light in a lawsuit accusing Mandalay Bay of negligence in connection with the Oct. 1st shooting.
Illegal fireworks in the Las Vegas area garner complaints
Clark County received nearly 25,000 complaints over the Independence Day holiday on a new illegal fireworks site. Reports from the site led to at least 10 illegal fireworks busts across the valley overnight. As of Thursday morning, the county is still compiling the total number of citations issued.
House fire displaces 2 people
Two people were displaced after a house fire early Thursday morning. The fire, at 963 Temple Drive in east Las Vegas, was reported just after midnight, according to a battalion chief from the Clark County Fire Department. Crews from the North Las Vegas and Las Vegas fire departments also were called in to help. The cause of the fire is still under investigation.
"Red White and Boom" July 4 Fireworks at the Stratosphere
Full video of the Fourth of July "Red White and Boom" fireworks show at the Stratosphere as seen from the 8th floor Elation Pool. (Madelyn Reese/ Las Vegas Review-Journal)
July 4th fireworks at the Eureka Casino Resort in Mesquite
July 4th fireworks at the Eureka Casino Resort in Mesquite. (7-04-18) (Bizuayehu Tesfaye/Las Vegas Review-Journal)
Las Vegas Crowds Enjoy Fireworks at the Stratosphere
Revelers enjoyed watching fireworks displays from the Stratosphere's 8th floor Elation pool on July 4. (Madelyn Reese/Las Vegas Review-Journal)
Pedestrian killed in Henderson
A pedestrian trying to cross St. Rose Parkway at Bermuda was hit by a vehicle on Tuesday night and later died. The crash was reported around 11:30 p.m. Las Vegas police responded initially, but handed over the investigation to Henderson police once it was determined the accident happened in their jurisdiction. Las Vegas police did respond to a report of a pedestrian being hit by a vehicle on the Strip. The person, who was hit by a BMW near Fashion Show mall, suffered serious but not life-threatening injuries.
USPS owes $3.5 million for using Vegas Statue of Liberty on stamp
The United States Postal Service has been ordered to pay $3.5 million to a sculptor after using the Las Vegas replica of the Statue of Liberty in a stamp. (Marcus Villagran/Las Vegas Review-Journal) @brokejournalist
What to expect at Station Casinos' Fourth of July celebration
Station Casinos' is hosting its annual 4th of July celebration with Fireworks by Grucci. Fireworks scheduled to go off on Wednesday, July 4 around 9 p.m. at Green Valley Ranch Resort, Red Rock Resort, Fiesta Rancho and Texas Station. (Marcus Villagran/Las Vegas Review-Journal) @brokejournalist
Officer Brent Horlacher shoots at Jessie Murillo
Las Vegas police video of an officer-involved shooting on June 29, 2018. Officer Brent Horlacher, 28, fired a single shot at suspect Jessie Murillo. Murillo was not injured. The radio audio is of the officer who fired the gun and the body camera video is from a different officer. Radio audio excerpts are added to the video and are not the precise times the audio was spoken.
Pawn Stars' Richard Harrison honored at memorial service
A memorial service was conducted for Richard "Old Man" Harrison at Palm Mortuary in Las Vegas on Sunday, July 1, 2018. (Marcus Villagran/Review-Journal) @brokejournalist
UNLV professor cautions dangers of distracted walking
An alarming number of adults do not cross the street safely according to a study conducted by professor Tim Bungum of the School of Community Health Sciences at the UNLV. (Marcus Villagran/Las Vegas-Review Journal) @brokejournalist
Car left in remote desert 21 years is recovered for late owner's children
Showboat casino blackjack dealer Mark Blackburn died outside of White Hills, Ariz. 21 years ago. His 1980 Datsun B310 wagon remained in the remote desert until a network of volunteers recovered the car for his children. (K.M. Cannon/Las Vegas Review-Journal)
Resort on Mount Charleston Sold for $4.8 million
North Carolina couple and hoteliers Deanna and Colin Crossman have purchased the Resort on Mount Charleston for $4.8 million. (Madelyn Reese/Las Vegas Review-Journal)
Traffic stop turns into officer-involved shooting
Las Vegas police are investigating after an officer fired a shot at a suspect fleeing a traffic stop early Friday morning. The officer tried to pull over a black Dodge Durango with license plates that belonged to a different vehicle. The driver took off northbound on Lamb Boulevard and at one point crossed into the southbound lanes. A man got out of the car and fled on foot. During the chase, the officer saw something in the man’s hand and fired a single shot, police said. The man wasn’t injured and was later taken into custody. Police could not confirm if the man had a weapon when he was arrested. This is the 9th officer involved shooting of 2018. Per police policy, the identity of the officer will be released after 48 hours. 01:05
5 Dead in Shooting at Capital Gazette Newspaper in Maryland
5 Dead in Shooting at Capital Gazette Newspaper in Maryland Five people have been killed and two have been injured in a "targeted attack" at the newspaper, which is owned by the Baltimore Sun. Anne Arundel County deputy police chief Bill Krampf said the suspected gunman entered the building with a shotgun and walked through the lower level of the building, where the newspaper is housed. According to Krampf, the suspect "possibly" had a connection to the paper through social media. The suspect was identified as Jarrod Warren Ramos. Ramos filed a defamation claim in 2012 against the paper but the case was dismissed. He is currently in custody. President Trump was briefed on the events.
Clark County Fire inspects fireworks booths
Clark County Fire Prevention Inspector Amanda Wildermuth talks about inspecting fireworks booths to keep everyone safe on Fourth of July. (K.M. Cannon/Las Vegas Review-Journal)
Robbery suspects apprehended
Four robbery suspects were taken into custody Thursday morning after a vehicle and foot chase that ended in an east Las Vegas neighborhood. The incident began when a person was robbed at gunpoint around 4:45 a.m. near Maryland Parkway and Desert Inn. Officers arriving at the scene tried to stop two vehicles. One vehicle escaped but police chased the second into a neighborhood on Flamingo Road near Mountain Vista Street. Police surrounded the neighborhood and the suspects were apprehended. It looked like one police vehicle was involved in a collision with the suspects' car. One woman suffered an unknown injury and was taken to the hospital in an ambulance. 01:04
Las Vegas Monsoon and Flood Season Are Approaching
The Clark County Flood Control District held a press conference to remind the public that monsoon season begins in July and runs through September. The exceptionally rainy season brings with it dangerous flooding events that can put the public in danger. (Madelyn Reese/Las Vegas Review-Journal)
Garage catches fire in central valley
No one was injured after a detached garage caught fire early Wednesday morning on Lawry Avenue near Lake Mead Boulevard and MLK. Crews from the Las Vegas Fire Department responded to a fire call just after 2 a.m. When they arrived, firefighters had to cut holes in the roof to clear out smoke inside the garage so firefighters could enter safely, The cause of the fire is still under investigation. No injuries were reported.
TOP NEWS
News Headlines
Add Event
Home Front Page Footer Listing
Circular
You May Like

You May Like