Nevada Supreme Court clears way for Hardy and other lawmakers to vote despite conflict claims

The court ruled 7-0 that only the Legislature, not the Ethics Commission, can discipline its members on matters involving voting.

Deputy Legislative Counsel Kevin Powers said Hardy, R-Las Vegas, was told by legislative lawyers earlier this week not to vote on possible changes to the Public Employees Retirement System because of a pending issue affecting him before the Supreme Court.

Because of the court’s decision, Powers said Hardy and other legislators could vote on all matters of statewide importance under a Senate resolution adopted earlier.

Just six hours before the Supreme Court decision, Hardy said he would not be voting on Senate Bill 427 — the public employee measure — because of the court case and the opinion from legislative lawyers that he should abstain.

Hardy told the Senate Finance Committee that Steve Hill, president of the Las Vegas Chamber of Commerce, is a member of the board of the Associated Builders and Contractors. Hardy is president of that organization.

During hearings before the Legislature, Hill had testified for reforms to reduce benefits to PERS members. Because of that association and out of “an abundance of caution,” Hardy said he would abstain from voting.

But in the decision, Supreme Court justices said the Ethics Commission was barred from taking any action against Hardy based on the constitutional doctrine of separation of powers.

The court ruled that only the Legislature can determine whether its members can vote on an issue, or if they must disclose potential conflicts of interest before voting.

Hardy said late Thursday that lawmakers now can do their business “and be assured that there won’t be an unfair, politically motivated attack on their ability to vote.”

He said provided most Republicans agree with its provisions, he now plans to vote for the tax package.

Last year, a complaint filed with the Ethics Commission alleged Hardy repeatedly broke laws by voting on matters that helped Associated Builders and Contractors.

The Ethics Commission dropped 11 of 12 charges but found sufficient cause to conduct a full hearing on the other allegation.

When the Ethics Commission tried to conduct that hearing, the Legislature filed a lawsuit. During an April hearing before the Supreme Court, Ethics Commission lawyer Adriana Fralick said that lawmakers in 1985 gave the commission power to punish legislators.

The court, however, ruled Thursday that the Legislature should not have delegated that authority to the Ethics Commission.

Review-Journal reporter Molly Ball contributed to this report. Contact reporter Ed Vogel at evogel@reviewjournal.com or 775-687-3901.