No fine for North Las Vegas mayor for ethics violation

North Las Vegas Mayor Shari Buck's brush with the state Ethics Commission came to an end Wednesday when the two reached an agreement over allegations of ethical lapses against her.

Buck and the Nevada Ethics Commission agreed the mayor had committed one "non-willful" violation of ethics laws stemming from her involvement in a contested City Council race last year. She will not be fined or face any other penalties.

"That sad little chapter is over," Buck said. "We can now move on."

The violation was not willful, according to the agreement, in part because Buck relied upon advice from the city attorney's office before offering an opinion during a June City council meeting on whether to canvass or hold a new election for the city's Ward 4 seat.

Buck then abstained from voting on the matter.

The ethics complaint, filed in August by North Las Vegas resident Scott Sauer, said Buck tried to "influence the outcome of or advocate for the passage or failure of a matter on which she intended to abstain."

The complaint also alleged Buck did not adequately disclose her reasons for abstaining from that vote.

Challenger Wade Wagner won the June 7 election over incumbent Councilman Richard Cherchio by a single vote.

It was discovered that an ineligible vote had been cast in the race.

The City Council then had to decide among options including canvassing the results anyway or ordering a new election for Ward 4.

During a June 15 meeting, the council voted to hold a new election in one precinct. Buck, who previously had supported Wagner, abstained from the vote, saying she had contributed to his campaign and her husband worked for the campaign.

The city later decided to redo that meeting June 30 after concerns were raised about whether the initial meeting had violated open meeting laws.

During the June 30 meeting, Buck again abstained, referring to her June 15 disclosure about her reasons.

The ethics complaint took issue with comments Buck made before recusing herself.

Before stepping out of council chambers, Buck said, "I want to take this opportunity just to express my opinion before I abstain and leave the room again. I have grave concerns that the direction this council has chosen to go in is not only wrong but is illegal."

The commission and Buck agreed that her comments constituted "advocacy."

State law prohibits public officers from voting or advocating for passage or failure of matters in which they have specific conflicts of interest.

Buck said she sought the advice of the city's legal council before the meeting.

Cherchio also excused himself from the June 30 vote.

The remaining three council members approved a new election, but it was blocked by a judge. Wagner was sworn into the seat in mid-July.

"I respect the decision of the Ethics Commission," Sauer said Monday. "Whether I like it or not is a different matter."

He filed the complaint because "we've got to police our elected officials."

Martin Dean Dupalo, president of the Nevada Center for Public Ethics, expressed frustration over a state Ethics Commission that punishes ethical violations with "a slap on the wrist."

"There's no punishment as long as you seek the advice of a lawyer at any time," he said.

The commission already ruled in January that the mayor had not willfully violated ethics laws but chose to decide later whether she had technically violated those laws.

Contact reporter Lynnette Curtis at lcurtis@reviewjournal.com or 702-383-0285.