Clark County ethics panel unanimously dismisses complaint against senior deputy fire marshal

The Clark County Ethics Review Commission on Sept. 12 considered Complaint No. 2024-11 alleging that Senior Deputy Fire Marshal Jason Noble used his position to obtain upgraded access for family members at a Dan + Shay concert and that he was intoxicated while on duty. After hearing sworn testimony from the respondent and seven civilian witnesses, the commission voted unanimously to dismiss the complaint, finding that the preponderance of the evidence did not show an ethics violation.

The commission’s chair, Commissioner Adam Murray, said at the hearing that "the county's investigation report speaks for itself, and this is Mr. Noble's opportunity to challenge its content and convince us that we ought to consider something else." Murray later explained his dismissal vote by saying, "I cannot conclude by a preponderance of the evidence that a violation occurred here." Commissioners Darcy O'Rourke and Barbara Baskerville joined Murray in a unanimous vote that no ethics violation occurred and the complaint should be dismissed.

Why it matters: the allegations—access upgrades and on-duty intoxication—bear directly on county employees' ethical obligations and use of position. The panel emphasized the limits of the record presented: witnesses at the hearing said wristbands and pit access were issued by concert security, not by Noble; no witness testified that Noble was intoxicated while on duty; and the county's Human Resources (HR) investigative report was challenged as incomplete.

During public comment, Andy Caldwell said the HR investigative summary was "riddled with errors" and criticized the process for not allowing a grievance or opportunity to correct factual inaccuracies before the matter reached the commission. Counsel for the respondent, James Trefry, echoed that concern and asked the commission to either stay the proceedings pending a supplemental HR investigation or dismiss for lack of a proper complainant presentation. The commission denied a motion to stay and proceeded with sworn testimony from the respondent's witnesses.

Testimony and evidence: Jason Noble, a senior deputy fire marshal who testified under oath, described routine inspection duties at the amphitheater and recounted limited interactions with concert staff and an employee identified in the record as Rodney Harvey. Noble said he texted Harvey about a safety concern and later observed Live Nation security upgrade large numbers of lawn patrons into the pit area so the performers would not need to use temporary stages. Noble told the panel he left the venue before the show ended and denied the alcohol-related allegations, testifying, "I was not" (to consuming or being under the influence while working).

Multiple witnesses who attended the concert with Noble's spouse testified they were invited into the pit by Dan + Shay security and received wristbands from concert staff; several said they did not observe Noble drinking or appearing intoxicated. Union representative Mike Boyer testified that a personnel-status detail in the HR report misidentified his role and clarified he was not the local union president at the time referenced in the HR document.

Procedure and due process concerns: counsel for the respondent repeatedly objected to the county's reliance on the HR investigative report in lieu of an in‑person complainant presentation and argued that the commission's published procedures require a complainant's case be presented at hearing. The commission's counsel and chair overruled those objections and allowed sworn witness testimony to form the hearing record. Commissioners and counsel also noted there are two separate procedural texts (the commission's administrative procedures and the county's internal business/process document) that appear to conflict; counsel for the respondent flagged that inconsistency on the record.

Outcome and next steps: the commission voted 3-0 to rule that "the events did not constitute a violation of any ethics code in Mr. Noble's case" and dismissed Complaint No. 2024-11. Commissioners said the record before them did not show that Noble solicited or accepted a benefit by reason of his position and observed that witnesses attributed upgraded access to concert security rather than the respondent. The chair also expressed concern about Noble's retrieval of county video via law enforcement channels but said that concern was outside the scope of the ethics complaint before the commission.

The hearing included requests and arguments that HR revisit its investigation; those process critiques were recorded in the public hearing and may inform follow-up administrative reviews by county HR or other offices. The commission did not impose sanctions and closed the matter with the dismissal vote.