Ethics panel's ruling on sheriff's ad to set precedent

Commission members announced their plans to create rules on the matter Friday after considering a dispute involving Washoe County Sheriff Richard Kirkland.

Kirkland appeared before the panel seeking a ruling on whether he can wear his uniform while endorsing candidates.

At issue is a television ad Kirkland made for a judicial candidate. Kirkland appears in the ad in uniform, along with inmates and deputies.

Panel members appear split over whether the ad is ethical.

"You come on TV with your uniform, badge and whole office behind you," Mario Recanzone said. "Exerting that power is questionable."

But members Jud Allen and Joni Wines disagreed, saying they thought Kirkland was speaking only for himself.

Commission Chairwoman Mary Boetsch first questioned whether the ad was ethical, while member R. Hal Smith took no stand on the issue at the meeting.

Before issuing an opinion, the panel wants to hear more this week from Washoe County District Attorney Richard Gammick about whether the sheriff must follow the county's merit employee code.

The code bars employees from using their badge, uniform or influential position for private gain or advantage.

Kirkland contends he's exempted as an elected official under state law.

Recanzone said he wants a rule spelling out whether public employees can use their office for endorsements.

"It would be of great value," he said, adding he also wants the rule to apply across the board to sheriffs, police chiefs and others.

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