46°F
weather icon Cloudy

Legislators seem to seek out weak ethics laws

Nothing like absurdity in Congress to start 2017, first with anger, then with laughter.

On Monday, before the new House members were even sworn in, 119 House Republicans voted to dilute ethics investigations into themselves.

They agreed with U.S. Rep. Bob Goodlatte, R-Va., that it would be smart to move the nonpartisan Office of Congressional Ethics under the House Ethics Committee. The mental giants who secretly voted in favor of this asinine move, which erupted into a public relations nightmare, also agreed to reduce most of the nonpartisan office’s powers.

Speaker Paul Ryan, R-Wis., was savvy enough to oppose it, but apparently not persuasive enough. Only he and 73 other Republicans voted against it.

The public reacted angrily. This was not the “drain the swamp” promised. This was a less noble “cover my butt.”

The spokeswoman for Nevada’s lone Republican in the House, Rep. Mark Amodei, didn’t respond to my Tuesday email asking how he voted in Monday’s closed meeting.

On Tuesday, public pressure prevailed and the vote turned into a never mind action. The ethics change never made it into the House Rules package to be approved.

I wish the outrage had been as swift and ferocious when Nevada legislators voted in the waning days of the 2015 session for an “emergency measure” that blocked the Nevada Ethics Commission from investigating legislators, something it had done previously.

The commission could investigate other public officials in other venues, but legislators were granted immunity from investigations by the executive or judicial branch and couldn’t be investigated. Because it passed it in the Legislature’s final days, Assembly Bill 496 received little attention from the press or the public.

It was a disgrace and I wasn’t laughing when I read the Review-Journal’s news article about it June 12, 2016, nearly a year after the bill passed.

Limiting the Nevada Ethics Commission is nothing new. Since it was created in 1971, it has been progressively weakened, sometimes by lawmakers, as it was this time, other times by courts, including the Nevada Supreme Court.

A perusal of ethics commission’s decisions shows all kinds of complaints against all kinds of officials. Mayors. City Council members. County commissioners. Sheriffs. School board members. Hospital board members. Regulatory agency members.

And yes, legislators.

State Sen. Warren Hardy, R-Las Vegas; Assemblyman Ira Hansen, R-Sparks, then-State Sen. Mark Hutchison, R-Las Vegas, even former Assemblyman Morse Arberry, D-Las Vegas, all have faced ethics complaints.

Few complaints are found worthy of punishment because the violations have to be willful.

Among those named above, Arberry, later charged criminally for misusing campaign money, was found to have willfully violated ethics laws. A $500 fine was his penalty in 2010. He had resigned from the legislature and negotiated a lobbying contract with Clark County courts.

Other complaints were dismissed, such as one against former state Sen. Michael Schneider, D-Las Vegas, and another against Hutchison.

Hutchison, an attorney who is now lieutenant governor, failed to list the names of three clients he represented before a state agency, calling it confidential. The commission said he should have but found no willful violation.

Basically, Nevada legislators decided that every other public official was up for scrutiny, but they were not. They can be investigated only by the Senate or the Assembly, depending on the body where they served.

Self-policing is the answer? I think not. The legislature’s own ethics committee doesn’t seem to have met. Ever.

I’m ashamed and embarrassed by the Nevada Legislature’s actions two years ago. Our state is repeatedly smacked down for its feeble ethics laws, as it should be.

The history of the bill is not pretty. It was introduced May 31, 2015, considered June 1 in the Assembly Legislative Operations and Elections Committee first, then rushed through by the Senate Committee on Legislative Operations. It passed both houses without one “no” vote and was signed into law June 10, 2015, by Gov. Brian Sandoval.

Kevin Powers, the Assembly committee’s legal adviser, told legislators the bill “provides immunity against prosecution and inquiry. … That means that the legislator cannot be questioned by another branch of government for carrying out those legislative duties.”

The Ethics Commission belongs to the executive branch. It was never specifically mentioned during the committee discussion.

Perhaps if AB 496 had been the first action by the 2015 Legislature, and the news media had shined a light on it, the public and the press would have been able to raise objections.

But that didn’t happen.

Nevada legislators backdoored the move, unlike House Republicans, who charged head-on with their ethics-gutting effort and within 24 hours, went into reverse and made themselves look idiotic and hypocritical.

A memorable, but lousy, start to the new Congress.

Jane Ann Morrison’s column runs Thursdays. Leave messages for her at 702-383-0275 or email jmorrison@reviewjournal.com. Find her on Twitter: @janeannmorrison

THE LATEST
Cab riders experiencing no-shows urged to file complaints

If a cabbie doesn’t show, you must file a complaint. Otherwise, the authority will keep on insisting it’s just not a problem, according to columnist Jane Ann Morrison. And that’s not what she’s hearing.

Are no-shows by Las Vegas taxis usual or abnormal?

In May former Las Vegas planning commissioner Byron Goynes waited an hour for a Western Cab taxi that never came. Is this routine or an anomaly?

Columnist shares dad’s story of long-term cancer survival

Columnist Jane Ann Morrison shares her 88-year-old father’s story as a longtime cancer survivor to remind people that a cancer diagnosis doesn’t necessarily mean a hopeless end.

Las Vegas author pens a thriller, ‘Red Agenda’

If you’re looking for a good summer read, Jane Ann Morrison has a real page turner to recommend — “Red Agenda,” written by Cameron Poe, the pseudonym for Las Vegan Barry Cameron Lindemann.

Las Vegas woman fights to stop female genital mutilation

Selifa Boukari McGreevy wants to bring attention to the horrors of female genital mutilation by sharing her own experience. But it’s not easy to hear. And it won’t be easy to read.

Biases of federal court’s Judge Jones waste public funds

Nevada’s most overturned federal judge — Robert Clive Jones — was overturned yet again in one case and removed from another because of his bias against the U.S. government.

Don’t forget Jay Sarno’s contributions to Las Vegas

Steve Wynn isn’t the only casino developer who deserves credit for changing the face of Las Vegas. Jay Sarno, who opened Caesars Palace in 1966 and Circus Circus in 1968, more than earned his share of credit too.

John Momot’s death prompts memories of 1979 car fire

Las Vegas attorney John Momot Jr. was as fine a man as people said after he died April 12 at age 74. I liked and admired his legal abilities as a criminal defense attorney. But there was a mysterious moment in Momot’s past.