Arberry’s lobbying gambit suffered from bad timing

Policy and practicality were among the reasons cited by Clark County commissioners for denying a contract for former Assemblyman Morse Arberry to lobby on behalf of Clark County district judges and Las Vegas justices of the peace.

While they insisted it wasn't about the man, it was. It was about the man who, whether arrogant or obtuse, decided to negotiate a two-year lobbying contract worth $124,000 while he still was a legislator. He registered his new lobbying business in June, while he was still serving on the Interim Finance Committee. It may not have been illegal, but it was wrong.

So what makes Democrat Arberry different from the many other legislators turned lobbyists? His timing and the cost. As far as anyone knows, most of those others weren't negotiating deals while they were in office. Most of them served out their terms, although recent exceptions include former Northern Nevada Republicans Mark Amodei and Randolph Townsend. They both resigned to serve on state commissions, but their financial benefits will be small compared with Arberry's.

Amodei was president of the Nevada Mining Association at the same time he was a state senator until resigning his private job in 2008. He only resigned his legislative job after being named to the Colorado River Commission last spring. Now he is leading the Nevada Republican Party. Hopefully he's not in charge of teaching them about conflicts of interest because apparently he wouldn't recognize one if it bit him on the tush.

Randolph Townsend resigned his Senate seat for an appointment to the Nevada Gaming Commission and has volunteered to lobby legislators on gaming matters. Like Amodei and Arberry, Townsend is term-limited out and looking for a way to stay in the game. A cooling-off law would have blocked Amodei, Townsend and Arberry from lobbying the Legislature. But Nevada has none.

Among the five votes against Arberry, Rory Reid argued it was bad policy, and others questioned the need and expense.

The two who voted for the contract provided odd logic.

Commissioner Lawrence Weekly was one of two who voted against funding a lobbyist for the courts two years go. He then thought the county lobbyists could do the job. Now he flipped and voted for the Arberry contract.

Commissioner Tom Collins bought into judicial sovereignty without thinking about checks and balances.

Commissioner Chris Giunchigliani held true to her position two years ago and voted against the contract. So did Steve Sisolak, Larry Brown and Susan Brager.

District Court Chief Judge Art Ritchie and Chief Las Vegas Justice of the Peace Ann Zimmerman failed to convince commissioners that the issue is rooted in separation of powers between the legislative and judicial branches. Rejecting the contract with Arberry "is an interference with the court's sovereignty," Ritchie said.

Reid was rough on the two judges. "You stand in front of us here today making the constitutional argument that you're the third branch of government, therefore we should accede to your wishes." He said the questions the commissioners asked were good questions. Why was Arberry chosen? Why wasn't the contract put out for bid (legally it didn't have to be). "Your answer is because you can. … That's a bad argument."

Then Reid issued a warning: "If you use extraordinary measures to take this action, not withstanding our objections, that would set a precedent that would be regrettable and show a lack of judgment on your part."

It's unclear whether Ritchie and Zimmerman took his warning to heart. After a judges meeting Wednesday, Ritchie said, "We have not made a decision what to do."

Can I make a recommendation? Whatever you do, don't spend a lot of tax dollars on it. Now is not the time.

Jane Ann Morrison's column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call (702) 383-0275. She also blogs at lvrj.com/blogs/morrison.