Old problem faces new commission

It's a new year and a new Clark County Commission, but until new guidelines are put into place, the same old ethics issues may continue to haunt the board.

"This is our opportunity, and it is our obligation to set the proper course as we move through 1999," Clark County Commission chairman Bruce Woodbury said, as the board launched into a two-hour discussion Tuesday on proposed ethics laws.

It was a turbulent year for board members who were dinged by the state Ethics Commission for the manner in which lucrative concessionaire contracts were awarded at McCarran International Airport.

For the first time since the Ethics Commission ruled that county board members Lance Malone and Yvonne Atkinson Gates violated laws by using their positions to award contracts, the board as a whole spoke openly about ethics laws.

The discussion was triggered by the county-appointed Ethics Task Force, which after seven meetings recommended ethics policies related to the issuance of contracts and airport concessionaires.

"The good side is they accepted the report," Larry Spitler, chairman of the task force, said following the special commission meeting. "The best side is we got everyone to talk about ethics. I feel great about that."

The bulk of the 11-member task force's recommendations centered around conflicts of interest.

The most significant policy change would prohibit applicants for contracts from lobbying commissioners until the finalists are forwarded to the board for final approval. Any previous contact would result in disqualification.

Commissioners are already expected to disclose relationships with partners in a firm before the board, but Spitler acknowledged that is difficult because of the volumes of paperwork that comes with each meeting.

His point was proven late last year when Woodbury voted on an airport contract without realizing his friend was a partner in the company. The commission was polled again after the mistake was made.

An innovative solution, which was not formally recommended to the board, came from task force member Craig Walton, a UNLV ethics professor.

Walton suggested the county consider installing computer software used by law firms that "red flags" names that may spur controversy.

"The software may be modified to help councils and commissions develop conflict of interest lists," he said. "When their agenda is prepared, it could include an attachment with the names of people who are party to issues."

Talk of conflicts of interest quickly turned to the airport when commissioners questioned the concept of master concessionaires.

McCarran has two master concessionaires: W.H. Smith oversees retail space and Host Marriott oversees food and beverage services. Both choose subtenants, then seek approval from the Aviation Department and county board.

The problem is, according to commissioner Mary Kincaid, W.H. Smith and Host Marriott both have concessions in the airport.

"It's like the fox watching the hen house," Kincaid said. "Ninety percent of the subleasees feel W.H. Smith and Host Marriott reserve the best spot for themselves."

The commission suggested entertaining a variety of contract processes to eliminate the "politics" when the master concessionaire agreements expire in 2008.

Airport officials could issue requests for proposals and choose which business best serves passengers, 80 percent of whom are visitors. That process is used to lease space on the esplanade on the main floor.

Or board members could adopt a policy recommended by commissioner Lance Malone, who suggested a citizens advisory committee scan airport concession applications and forward a pool of 10 from which the county board could choose.

Kincaid rejected Malone's proposal, saying citizens also have acquaintances and the process could still be tainted. She said at least the board's decisions are made in public and open to scrutiny by the media.

"The proposals protect the board from criticism," Kincaid said. "But if you have an independent committee, there is no guarantee there won't be conflicts."

Aviation Director Randy Walker was open to all suggestions, adding that concession income is not the most significant revenue at the airport. It falls third behind slot machines, which brought in $23 million last year, and car rentals.

Commissioners continued to question language in the state ethics laws.

Kincaid had concerns about the phrase on which ethics investigations are based. "Reasonable person interpretation" means if a citizen with no interest in an issue believes an elected official acted unethically, he or she probably did.

"The description of a reasonable person may be controversial," Kincaid said. "I think I'm reasonable and you think you're reasonable, but we may not agree."

Walton argued that the way to avoid an ethics violation is to disclose relationships or, as the task force recommended, if the commission awards a contract to an acquaintance or former elected official, explain why.

"We need to have a shared morality so we can all live together with trust, with some trust," Walton said. "When you make a final call how to vote, tell us how you did it; how you made your decision."

The task force also called upon commissioners to support funding for the state ethics commission so it can investigate cases properly. It also solicited support to expand the state ethics commission from six to 15 members.

Spitler's group also suggested elected officials be required to attend an annual ethics seminar.

Ethics was the hottest topic in Nevada last year and will likely continue to be as Gov. Kenny Guinn listed reform as a priority in his State of the State speech earlier this month.

Several state lawmakers also have fashioned bills they intend to submit for consideration. Sen. Ann O'Connell, R-Las Vegas, is attempting to combine similar concepts in bills to make it easier for legislators to digest.

One statement the commissioners agreed on was that ethics is not easily controlled by laws.

"Everything is political," said Erin Kenny, the only county board member who was not investigated by the ethics commission last year. "When all is said and done, we're human beings who have feelings and preconceived notions.

"I don't think you can legislate morality. There are certain things in the world we accept as blatantly right or blatantly wrong."

County staff will combine the citizens task force recommendations with those of Malone's and bring the final policy changes back to the commission in late February or March.

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