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Nevada Commission on Ethics authorizes appeal of Rodriguez ruling; elects Scott Shearer chair
Summary
The Nevada Commission on Ethics voted to authorize commission counsel to appeal a district court order that overturned the commission’s opinion in an ethics case involving Joseph Rodriguez. The commission also elected Commissioner Scott Shearer as chair and Commissioner Kim Wallen as vice chair.
The Nevada Commission on Ethics voted to authorize its commission counsel to file a notice of appeal after a district court granted judicial review and overturned the commission’s opinion in a case concerning Joseph Rodriguez.
Commission counsel Bassett told the commission, “Earlier this month, the court, issued an order granting his petition for judicial review, and overturning the Commission’s, opinion.” Bassett recommended an appeal on the basis that the court misapplied the commission’s precedent and the “limited use exception,” and that the court “shifted the burden of proving some of the factors to the commission as opposed to the subject.”
The commission voted to grant counsel authority to file a notice of appeal in Second Judicial District Court case CB23-01054 and to defend the commission’s opinion in ethics case number 22-051C. The motion also delegated authority to the chair and vice chair to consult with commission counsel on legal matters under NRS 241.0357 and NAC 281A.055, while requiring that case-dispositive decisions such as dismissals or stipulated settlements be returned to the full commission for approval.
Commissioner Yen disclosed a conflict and abstained from participation on the Rodriguez matter, stating on the record that she is “a partner with the law firm of McDonald's condo, of which Mr. Rodriguez is a client” and that she would “abstain from participation in this matter.” Commissioner Sherrard voiced concern about the underlying legal question but nonetheless supported an appeal to seek higher-court clarification, saying, “I do think there's a a great need for clarification of this issue of law.”
During the meeting the commission also completed internal business. It approved the minutes of the June 26 meeting as corrected after several commissioners identified typographical and attendance errors in the draft minutes. The commission held nominations and elections for its leadership for the coming year. After discussion and multiple nominations, the commission elected Commissioner Scott Shearer as chair and Commissioner Kim Wallen as vice chair.
Votes at a glance: the commission approved the corrected minutes of its June 26 meeting (motion carried); voted to authorize counsel to file a notice of appeal in CB23-01054 and to defend ethics case 22-051C (motion carried; Commissioner Yen abstained on the Rodriguez matter); elected Commissioner Scott Shearer as chair and Commissioner Kim Wallen as vice chair (motions carried); and approved adjournment (motion carried).
The meeting included routine roll call, a pledge of allegiance, and no public comments submitted by email; one member of the public on Zoom declined to speak. Executive Director Armstrong, commission counsel Bassett, outreach and education officer Harvey, and executive assistant Pedrosa were present for staff reports. The commission asked counsel to return to the full commission with any dispositive case decisions or settlement agreements for formal action.
