New commissioner bounces campaign check

Herrera learned Tuesday, a day after he had been sworn in as the county's newest commissioner, that he had bounced a $500 check to the secretary of state's office.

Herrera, a former Nevada Assemblyman, called the incident a mistake.

He was one of 35 candidates who were fined $100 a day up to the maximum of $4,975 for failing to file campaign finance reports due Aug. 25.

Herrera negotiated a $500-a-month settlement, but his first check dated Nov. 24 was returned when there was not enough money in his bank account to pay it.

"I'll take care of it," he said Tuesday, explaining what happened. "I changed accounts and left enough money in the old account to cover the checks outstanding."

Tuesday afternoon, after learning of the check problem, he wrote a $1,000 check to Secretary of State Dean Heller to cover his December and January payments.

Unlike others who failed to file on time, Herrera filed by the Aug. 25 deadline.

But he only filed one set of papers for the Clark County Commission race, incorporating his money from his Assembly race. He failed to file another set for his short-lived bid for re-election to the Assembly, before he changed his mind and refiled for a commission seat.

Herrera didn't complain about being fined for failing to file his Assembly report, but he is upset with the communications between Heller's office and candidates.

He first heard of the Assembly reporting problem from a reporter doing a story on the canddiates who were sent letters in late October, two months after the reports were due, telling them of their fines.

"I think the way it happens is fair, but the notice portion should be handled better," Herrera said. "The secretary of state's office shouldn't wait five months before telling us."

Herrera will earn $54,000 a year as county commissioner and earns $40,000 at the Community College of Southern Nevada, where he is director of business and industry relations.

Heller admitted he is being tough about candidates who don't follow campaign finance laws.

"This is a public issue," he said. "The very issue we are pushing is disclosure for public knowledge. The public trust has been violated."

Heller said he has the ability to waive the fines, but would do so under extraordinary circumstances, like a death or an illness. "I forgot" is not an extraordinary circumstance, he said.

Candidates cannot hide behind the excuse they didn't know they were supposed to file the campaign documents, Heller said.

"Every time they filed for office, all things are clearly spelled out in their process of filing for office. We have their signatures," he said.

Before the 1995 Legislature changed the law, late campaign finance reports eventually were turned over to the county district attorney's offices for prosecution, but they were never a high priority case and rarely were prosecuted.

As a result, some candidates didn't worry about being late.

Candidates are allowed to pay the fines over time and no interest is charged. However, they must pay from their personal accounts and cannot use campaign funds. Herrera reported raising $656,000 by mid-October for his successful campaign.

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