Ignorance of the law is no excuse for breaking it, the old legal saw goes. But that is not the case when it comes to Nevada’s ethics laws.
Nevada politicians who violate ethics laws face no penalties if their acts are not deemed "willful."
Apparently this neutered, "all bark and no bite" Commission acts this way by design:
Regardless, Ross’ case demonstrates what critics say is a shortcoming in Nevada law — namely, that even when elected officials violate ethics laws, they typically face neither penalties nor the potential to be removed from office.
That’s not by coincidence. The commission has decided that its primary job is to teach public officials about ethical conduct rather than punishing them, according to its executive director, Caren Jenkins.
Removing politicians from office, she said, is the job of voters. (emphasis mine)
Left unsaid is that both the Commission and the voters have a job. While it certainly is the voter's job to remove politicians from office if the need arises, it should also be the Commission's job to go after ethics violators with more than a slap on the wrist and an ethics pamphlet.
Skimming through Rory Reid's new plan for transparency and ethics in government, I found his intention to close this willful/non-willful distinction encouraging:
Impose "strict liability" for ethics violations
Currently, if the Nevada Ethics Commission rules that a violation was "non-willful," violators essentially get off penalty-free. This practice is dubious and encourages citizen cynicism — not to mention violations. Since I plan to institute and require ethics laws training for all state employees, officials and lobbyists, there will be no excuse for not knowing the law or understanding whether one's behavior violates it. there will be no further room for the "non-willful" distinction. I will move to have that loophole removed from law, so that all government officials and employees will be liable for all misconduct.
To top it all off, the 2009 Legislature made it even harder to prove that public officials willingly violate ethics laws:
In the future, it will be more difficult to prove that a politician willfully violated ethics law because of a little-noticed change in the statute made during the 2009 Legislature.
At the urging of ethics commissioners, the Legislature in May clarified the law defining a "willful violation." Instead defining it as something a public officer “knew or reasonably should have known,” the law now defines it as acting "intentionally and knowingly."
I have to imagine this is just the way they like it.
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5 comments:
Recently I filed 3 ethics complaints. The investigator, Mike Vavra wrote scathing reports and the panel (2 commissioners) found probable cause. At the hearing those 2 commissioners and Mike Vavra were absent, by design. When I gave my testimony, I was ATTACKED by the 4 commissioners. The commission focused on my motives for filing the complaints. The evidence was overlooked and the 3 accused explained their way out. Since they all work together they vouched for each other that they gave "verbal approval" for the outrageous expenditures. Fernley City Policy does not recognize "verbal approval".
I don't believe Rory Reid for a minute. His statements are designed to "tell the people what they want to hear to get him elected". The ethics hearing was a joke and the commissioners were arrogant, unethical bureaucrats. Your statement is incorrect, it should read: "The commission has decided that its primary job is to teach the public not to file complaints". Check into what Colorado has "Colorado Ethics Watch". They have lawyers, work from donations, actually do something and file lawsuits". That is what Nevada needs. Between the attorney general and the ethics commission they would have their hands full.
I agree. The Nevada State Attorney General's office and the "Ethics" Commission are nothing more than a sham and a scam to cover up the many wrong-doings perpetrated by the many entrenched, corrupt politicians in Nevada. Nevada will never be a decent and safe place to live in until it has been cleaned up. But what politician out there has the honor and courage to do this???!!
Ethics in government is clearly an oxymoron. We the people must take back our cities, states, and country and toss the bums out!!!!
Colorado Ethics Watch scored a big court victory...finding that the Colorado Ethics Commission renders opinions behind closed doors in violation of open meeting law!
Same thing in Nevada, the commission panel will "decide" whether someone violated the law behind closed doors. Imagine that?
check this out: http://www.coloradoforethics.org/node/27816
Given this, who is there to complain to? I do not want my complaints thwarted by hearings in front of the State Attorney General that give the elected and public officials a pass to "do better next time" or time to retaliate!
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