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Commission authorizes counsel to defend Rodriguez litigation and delegates consultation to chair and vice chair
Summary
The Commission on Ethics voted to authorize commission counsel to defend the agency, its executive director and commissioners in Rodriguez v. NCOE (Second Judicial District Court CV24‑02169) and delegated limited consultation authority to the chair and vice chair for settlement or dismissal decisions.
The Nevada Commission on Ethics on Oct. 16 authorized commission counsel to defend the commission, its executive director and commissioners in litigation filed in the Second Judicial District Court by Mr. Rodriguez that challenges the commission’s authority to appeal a prior judicial review order.
Commission counsel Ruth Bassett summarized the pending court complaint and asked the commission for authority to defend the named parties. In the meeting she said, "Today, I'm I'm requesting authority from the commission to defend it and all the named parties, in that district court action." Bassett told the commission the complaint seeks to prevent the commission from moving forward with an appeal, alleging the commission’s authority to file that appeal violated Nevada’s open‑meeting law.
The commission approved a motion to grant counsel authority to defend the commission and the named individuals, including filing any appropriate motions. The commission also delegated authority to the chair and vice chair to consult with commission counsel regarding legal issues and decisions under applicable statutes and administrative code; the motion required that any decisions to dismiss or settle be returned to the full commission for approval. The motion carried unanimously.
During public comment earlier in the meeting, public commenter Jeff Church raised questions about the Rodriguez matter and asked who was paying for the trustee’s legal representation; Church’s written comments were entered into the meeting record and will be posted on the commission’s meeting page. The commission noted conflicts of interest and recusals as several commissioners and staff had served on review panels related to matters involving Mr. Rodriguez and disclosed those recusals on the record.
Ending: Counsel will proceed to defend the action and will bring case‑dispositive decisions such as dismissal or stipulated settlements back to the full commission for approval.
