State ethics panel to hire new lawyer
CARSON CITY -- The Nevada Ethics Commission can hire a lawyer who will try over the next six months to reduce a two-year backlog of unwritten decisions, legislators decided Thursday.
Executive Director Caren Jenkins told the Legislature's Interim Finance Committee that the commission has experienced a 300 percent increase in its caseload. While it has kept up in rendering judgments, she said, it has not been able to write opinions explaining the grounds for its judgments for two years.
Her argument for hiring a lawyer for $65,000 quickly found a receptive ear from legislators who agreed to the expenditure without objections. The money comes from the Legislature's contingency fund, which still has $11.5 million to cover other requests over the next year and a half.
The lack of written decisions has caused at least one official to cry foul.
Former Lyon County Manager Dennis Stark was fined $1,000 in January for a willful violation of ethics laws. He maintains his innocence but has been unable to appeal the decision to the courts because of the lack of a written decision. Stark's opinion will be one of the first written by the new lawyer, Jenkins said after the meeting.
About 60 opinions of Ethics Commission judgments have not been written. Transcripts of the judgments made by the commission have been prepared so the attorney can write the necessary opinions.
During Thursday's hearing, Jenkins noted that the current staff of five handled 58 cases in 2005. That staff number has not been increased, but its annual caseload is now 172 cases.
In response to questions, Jenkins said one of the reasons for the growth is the commission is being used as "a tool" during election campaigns. One candidate will file a complaint, which might be unfounded, to discredit an opponent by alleging ethics law violations.
She said more citizens and officials also are aware of the Ethics Commission and how it can render advisory opinions so public officials can determine whether their contemplated behavior would violate laws.
Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.
