Nevada Commission on Ethics appeals Hardy district court ruling

The Nevada Commission on Ethics has appealed a district court ruling limiting its authority over members of the Legislature.

Executive Director Patty Cafferata said the appeal was filed with the Carson District Court earlier this week serving notice the commission will take Judge Bill Maddox's decision to the Nevada Supreme Court.

Maddox ruled Nov. 27 that the Ethics Commission doesn't have the authority to discipline senators and Assembly members for conduct in their official legislative business. His order agreed with lawyers for the Legislature that the separation of powers doctrine makes the Senate and Assembly the only bodies with power to punish their members for actions related to the legislative process.

Cafferata said the commission believes the Legislature has waived that power by

recognizing the commission's authority in past cases.

"We have opined on something like 19 other cases involving legislators," she said. "And second, they delegated that authority to us because they created the commission."

A complaint was filed against Sen. Warren Hardy, R-Las Vegas, who is president of the Associated Builders and Contractors of Southern Nevada.

The complaint charged he should not have voted on bills involving contractors during the 2005 and 2007 sessions.

Asked why appeal when there is already a bill draft requested to change the law and make sure legislators aren't under the Ethics Commission, Cafferata pointed out the decision was made before that bill was listed.

"And partly, it's a matter of principal," she said.

She said Ethics still has some authority over lawmakers because Maddox limited the decision to legislative conduct.

Other ethical violations outside the Legislature would still come under the commission's authority.

But the proposal requested would create the Legislature's own Ethics Commission, probably removing lawmakers from any scrutiny by the existing commission.

- Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.