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Nevada Commission on Ethics authorizes appeal in Rodriguez case and elects new chair
Summary
The Nevada Commission on Ethics authorized counsel to appeal a district court order that overturned the commission's opinion in a contested ethics matter involving Joseph Rodriguez, with one commissioner abstaining. The commission also completed a contested election that resulted in Scott Shearer as chair and Kim Wallen as vice chair.
The Nevada Commission on Ethics voted to authorize commission counsel to file a notice of appeal after a district court granted judicial review and overturned the commission’s opinion in the matter concerning Joseph Rodriguez. The commission then completed nominations and elections for chair and vice chair, choosing Scott Shearer as chair and reassigning Kim Wallen as vice chair.
Commission counsel Bassett told the commission, “As you know, Mr. Rodriguez filed a petition for judicial review, challenging the commission's opinion on reconsideration in this matter. Earlier this month, the court, issued an order granting his petition for judicial review, and overturning the Commission's, opinion.” Bassett recommended seeking appellate review to challenge aspects of the court’s reasoning and to seek clarification from higher courts.
Commissioner Yen disclosed a conflict and abstained from the matter, saying, “I'm a partner with the law firm of McDonald's Crono, of which mister Rodriguez is a client. Therefore, pursuant to NRS 281A.065 subsections 4 and 5, I have a commitment and a private capacity to my law firm and the client … and will abstain from participation in this matter.” The commission recorded the abstention and proceeded with the vote. Commissioner Scherer said the commission should seek clarification from a higher court even though he personally believed the district court judge “reached the correct decision under the statute.”
The motion to authorize counsel to file a notice of appeal and to take other legal steps necessary to appeal the district court order (Second Judicial District Court case number CB23-01054) and to defend the commission’s opinion in ethics case number 22-051C was moved and seconded. The motion passed; the transcript records an abstention by Commissioner Yen and the motion carrying on the affirmative vote. The commission also delegated authority to the chair and vice chair to consult with commission counsel on legal issues and decisions, with the commission counsel required to bring dispositive case decisions such as dismissals or settlement agreements back before the full commission.
After the legal-item vote, the commission conducted nominations and elections for the coming year’s chair and vice chair. The process included multiple nominations, a tied vote at one point, and discussion among commissioners about attendance expectations for officers. Ultimately, commissioners elected Scott Shearer as chair and Kim Wallen as vice chair. Scott Shearer accepted the office, saying, "Yes. I'm willing to serve" when asked whether he would take the role.
Other routine business at the meeting included approval of the June meeting minutes (as corrected) and a welcome to newly appointed Commissioner Terry J. Reynolds, who the chair noted was appointed by the governor and has prior experience in state and local government leadership roles. The meeting concluded after a public-comment period in which no members of the public elected to speak.
Why it matters: The commission’s decision to seek appellate review means the question of how the limited-use exception and the prohibition on certain uses of government-owned photographs are applied could be clarified by higher courts. The outcome could affect future ethics complaints and the commission’s investigatory and enforcement practice.
