Nevada Commission on Ethics vacates Devon Reese deferral agreement, refers matter for further proceedings

The Nevada Commission on Ethics voted unanimously among those voting on Jan. 16 to find that Reno City Council member Devon Reese failed to comply with a deferral agreement the commission had imposed and to vacate the agreement so the case can proceed to full adjudication.

Executive Director Ross Armstrong told the commission that a review panel had found just and sufficient cause to proceed on allegations of conduct that occurred after Reese entered the April 2023 deferral agreement. Armstrong said the new complaints included alleged improper use of city resources for private travel and noted the conduct occurred weeks after Reese completed required ethics training. "You can't be on a deferral agreement, and violate the ethics law and have nothing occur as a result," Armstrong said.

The vote follows competing proposals from the commission's executive director and from counsel for Reese. Attorney Jonathan Shipman, who said he represents Reese for the matter before the commission, argued the disclosure-and-abstention matter subject to the deferral agreement was different in character from other allegations now under review and that the purpose of a deferral agreement is corrective. "I would submit that the deferral agreement is not a gift," Shipman said, arguing the corrective steps Reese completed weighed against vacating the deferral agreement.

The commission's motion, made by Vice Chair Wallen, directed that the commission find noncompliance with the deferral agreement, vacate the agreement, and conduct further proceedings in the matter. The motion carried; five commissioners voted yes and one commissioner abstained because she had served on the original review panel.

Armstrong outlined the timeline for the matter in materials provided to the commission: the deferral agreement was entered in April 2023; Reese completed the required ethics training in May 2023; alleged conduct that prompted new complaints occurred within months afterward; complaints were filed in March–April 2024; and a review panel issued its just-and-sufficient-cause determination in September 2024. Armstrong told the commission the amount of private benefit related to travel allegations exceeded $1,300, according to investigative materials.

Shipman emphasized that other pending allegations (described in materials as involving alleged misuse of city funds for travel) had not been finally adjudicated and argued the commission did not need to reopen the older deferral-agreement matter to rely on allegations in other cases. Armstrong responded that the deferral agreement's stated condition — compliance with the ethics law in all material respects — is triggered when a review panel finds just and sufficient cause for post-agreement conduct, and that keeping a deferral agreement in place after such a finding would undermine the deterrent value of the process.

Commission counsel and senior attorneys also disclosed potential conflicts and recusals before deliberations. Commission Counsel Bassett disclosed a private attorney–client relationship with a firm that also represented Reese in other matters and did not participate in the Reese deliberation; Senior Deputy Attorney General Lenna St. Jules acted as commission counsel on the item. Commissioner Lowry (recorded in the minutes as having served on the earlier review panel) did not vote on the motion and was recorded as abstaining.

By vacating the deferral agreement the commission referred the matter for further proceedings; those proceedings will address whether a violation occurred and, if so, whether any sanctions are appropriate. Executive Director Armstrong said the agency had no scheduling order yet for the related adjudications and expected the other pending cases to be scheduled in the coming months.

The commission took the vote in open session after a closed-session deliberation and instructs staff to proceed with scheduling further proceedings consistent with commission rules and the applicable provisions of Nevada law.