Wednesday, May 21, 2003 | 11:05 a.m.
As speculation swirls around the Clark County Commission as a result of an FBI probe into political corruption, more pedestrian ethical considerations have been moved to the back burner.
A soon-to-be-named county task force, however, could face an unfolding legal storm while considering the ethical issues affecting local politicians.
The County Commission on May 5 approved reconvening an ethics task force that last met in 1999 following a handful of conflict-of-interest issues affecting commissioners. This month's revival of the task force was prompted by former Commissioner Erin Kenny's lobbying of commissioners on a development proposed for Blue Diamond Hill. There was overwhelming opposition to extensive development of the area because it is surrounded by the Red Rock National Conservation Area.
Last week, the FBI raided two local strip clubs and searched for documentation of payments to prominent local politicians, among them Kenny, former Commissioner Dario Herrera and current Commission Chairwoman Mary Kincaid-Chauncey.
Kincaid-Chauncey and Herrera have denied any wrongdoing but are declining any further comment. Kenny has not talked to the media since being named in the FBI search warrant.
While she was a commissioner, Kenny was a political ally of Jim Rhodes, the man who wants to develop the gypsum mine property. County officials, including County Manager Thom Reilly, said Kenny violated the ethics code adopted in 1999 that says former commissioners have to wait a year before they can lobby their former colleagues on issues they considered while in office.
Kenny has denied the charge. She said the discussion of development restrictions that could affect the Blue Diamond Hill property was separate from Rhodes' proposal to build as many as 5,500 homes on 2,500 acres.
County officials acknowledged that the rules adopted in 1999 have no teeth. There is no way to sanction a former commissioner that lobbies on an issue, whether they considered it in office or not.
Commissioners Bruce Woodbury and Rory Reid, backed by the other five members of the board, called for the ethics task force to reconvene and suggested sanctions may need to be part of the formula. They also suggested clarification of when a commissioner could or should abstain from discussing or acting on an issue.
They also asked for clarification about who can lobby whom, and when.
Woodbury said Tuesday that the FBI probe should not affect the ethics discussion at the county -- especially since little is known other than leaks coming from law enforcement.
"We made the call to reconvene the task force before all this surfaced," Woodbury said. "I'll leave it up to the county manager, but I don't really see any reason not to go forward.
"It's two separate matters."
Reid said he believes it is important to deal with a substantive issue already on the table -- the ethical issue involving Kenny, Rhodes and the Red Rock project.
"There's a lot going on at the county right now, and I will not let it derail what I think is a very important effort," he said. "We are going to review our ethics policy and we will reform it."
Reilly said that although the FBI probe is on many people's minds, it should not affect the ethical reform effort. He said the county will likely have a list of members and schedule the first reconvened meeting of the ethical task force later this week.
He said the task force will have specific directions to look at the lobbying issue.
But Woodbury said the task force will be independent and if any new information comes forward on the investigation, the members could consider that.
"It would really be up to them, what they talk about and what they recommend."
Paul Brown, Southern Nevada director of the Progressive Leadership Alliance of Nevada, a group that advocates ethical reform, said the FBI probe should be on the minds of task force members.
The probe "could jump start the whole thing, act as a catalyst," Brown said. "If the allegations turn out to be true, you're going to see an angry public demanding some reforms."
He said one of the more troubling issues is with consulting, and elected officials becoming consultants for businesses after they are elected. Las Vegas City Councilman Michael McDonald, named in the FBI's search warrant last week, has acknowledged working for the Galardis as a consultant, a job he says he started after he was elected.
"Working as consultants, not revealing that, I think they have to take a strong, hard look at that," Brown said.
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