Lawmakers defend snip in ethics bill

Senate Government Affairs Chairwoman Ann O'Connell, R-Las Vegas, defended the decision of her committee and the Senate to amend SB478, Gov. Kenny Guinn's ethics reform bill.

The committee removed the clause in the bill to require elected officials to abstain on matters affecting people with whom they have continuing personal relationships.

The amended bill passed the Senate 21-0 and awaits action this week before the Assembly Elections, Procedures and Ethics Committee.

During a May 3 hearing before the Assembly committee, former Ethics Commission Chairman Thomas "Spike" Wilson and current Chairwoman Mary Boetsch said allowing politicians to vote on matters affecting people with whom they have personal relationships would gut the state ethics law. Wilson called the omission a fatal flaw in the bill.

O'Connell and Sen. Jon Porter, R-Boulder City, said politicians have many casual friends, and they feared inclusion of "personal relationships" in the bill would leave them abstaining frequently.

"Nobody seemed to really relate to what 'personal relationships' meant," O'Connell told lawmakers. "It would have left us determining all the time when we have a personal relationship with you and should abstain."

The bill passed by the Senate would compel elected officials to abstain from voting on matters affecting family members, people in their households, employees and employers.

The bill also would ban votes on matters affecting people with whom they have a "substantial and continuing business relationship" or a "commitment or relationship that is substantially similar to a commitment or relationship" with a family member or employer.

Scott Scherer, Guinn's legal counsel and author of the bill, said he was disturbed by the opposition shown by Wilson and Boetsch. Scherer, a former legislator and attorney general candidate, also served on the Ethics Commission.

Even with personal relationships out, Scherer said the amended bill would prohibit elected officials from voting on matters affecting close friends, friends whom they consider "like family."

The measure also would provide the Ethics Commission with a full-time executive director and its own attorney.

Steps also would be taken to dispose of complaints more rapidly. The size of the commission would be increased to eight members, up from six.

Elections, Procedures and Ethics Chairwoman Chris Giunchigliani, D-Las Vegas, said she would consider putting "personal relationships" back in the bill.

Giunchigliani also wants to remove provisions in current law that allow the Ethics Commission to act as a truth squad over election campaigns. She contends the law is a restraint on free speech.

Under her AB130, provisions in state law that have allowed the Ethics Commission to fine candidates as much as $30,000 for negative campaigning would be repealed.

Her bill passed the Assembly and is in O'Connell's committee.

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