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Steve Sebelius
Lawmakers' bad behavior
State Sen. Allison Copening -- who won office in 2008 after the Nevada Democratic Party falsely alleged incumbent Republican Bob Beers was under investigation for ethics violations -- seems to have stumbled into a real ethical quandary.
Copening landed a new job recently, planning events and writing a newsletter for a homeowners association run by Del Webb Community Management. And by total coincidence, she's also the author of a series of bills in the Nevada Legislature that would affect homeowners associations. And wouldn't you know it, her new boss totally agrees with them.
"I needed a full-time job. They were kind enough to offer me a job," Copening told the Las Vegas Sun.
Of course they were.
Meanwhile, political analyst Jon Ralston reported the company PokerStars treated two lawmakers to a trip to London late last year. The trip was supposed to end on the Isle of Man, where PokerStars is headquartered, but bad weather prevented it.
One of the London junketeers, Assemblyman William Horne, D-Las Vegas, later introduced a bill to legalize Internet poker in Nevada, despite the fact the federal government considers the practice illegal.
It would seem, in both instances, lawmakers are guilty of a blatant conflict of interest. But, as ever in Carson City, it's not so much what the politicians do that's a screaming outrage; it's the fact that what they do isn't illegal.
A person could try complaining about Copening's job to the Nevada Commission on Ethics, but he or she would be told the commission lacks jurisdiction. A state Supreme Court case found in 2009 that an executive branch agency such as the Ethics Commission would violate the separation of powers doctrine if it were to police "core legislative functions" of the legislative branch. And what could be more "core" than introducing bills, even bills that affect your private employer?
A person could complain to the Senate Ethics Committee, which was just organized this week. But you'd then be told legislative lawyers had vetted Copening's job, and told her that it doesn't constitute a conflict if her bills affect all homeowners associations equally. So the fact she's taking a reported $40,000 from one HOA in particular doesn't constitute a conflict of interest. Legally, at least.
Taking a junket to an island can't possibly be a "core legislative function," so perhaps the Ethics Commission could take a crack at that. After all, public officers are prohibited from accepting gifts that would "tend improperly to influence a reasonable person in the public officer's or employee's position to depart from the faithful and impartial discharge of the public officer's or employee's public duties."
But is a junket -- air fare, lodging, meals -- a gift, if the purpose of the underwritten trip is to gather facts about a public issue that may arise before the Legislature? And if not, does the requirement to report gifts worth more than $200 on annual disclosure forms apply? (Horne listed "none" on his disclosure form for 2011.) There's no clear direction in the law, which means it's a judgment call. Legally, at least.
There's no way to prohibit lawmakers from jobs that create conflicts, aside from switching to a full-time Legislature, paying a full-time wage and prohibiting outside employment. And, granted, doing so would not necessarily make newly full-time lawmakers any more ethical, bright or dedicated than the ones we have now.
Tougher regulations regarding legislative travel -- both in and out of session -- could be written to at least provide transparency. Or travel underwritten by special interests could simply be banned.
But Nevada's current system, with giant loopholes and vague statutes, seems to be the worst of both worlds, an invitation to mischief, which leads to mistrust, which breeds apathy and cynicism.
Steve Sebelius is a Review-Journal political columnist and author of the blog SlashPolitics.com. His column appears Sunday, Tuesday, Wednesday and Friday. Reach him at (702) 387-5276 or ssebelius@reviewjournal.com.
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Concerned Homeowner really tells it like it is!
Senator Allison Copening and Senator Valarie Weiner (Judiciary) and Senator Steven Horsford (Finance) are like the apocalypse horsemen who have managed to screw up this entire legislative HOA session with the help of Randolph Watkins from Del Webb.
The anti-homeowner legislation sponsored by this group should be enough to spark an investigation, and start to ask the tough questions like “Who is REALLY writing this proposed legislation and who benefits”.
The apparently corrupt/greedy members of the CAI and CIC Commission should also be made to answer some tough questions, but don’t hold your breath. They really know how to keep the prying eyes of the press from looking into the sugar bowl.
In case a reader has not noticed, Senator Allison Copening has been trying to duck receiving so much bad press and getting Senator Valarie Weiner (Judiciary) and Senator Steven Horsford (Finance) to promote her biased, anti-homeowner agenda.
Can there be any doubt these actions are in support of Copening's boss' personal/financial agenda (Del Webb VP Randolph Watkins)?
Senator Weiner has been quietly pushing the CAI agenda while Horsford has been deceptively holding up pro-homeowner legislation (such as AB 448) in his Finance Committee.
The 3 mentioned Senators (all Democrats) have virtually assured we will see yet another session dominated by anti-homeowner legislation sponsored by the CAI and CAI-controlled Commission on Common Interest Communities and Condominiums.
If you care about homeowner rights and defending citizen-homeowner rights under the Constitution, you are urged to go to the Legislative action site at:
http://leg.state.nv.us/App/Opinions/A/Default.aspx
and express your pro or con opinions on Assembly Bills 78, 122, 246, 271, 317, 373, 388, 389, 394, 432, 448; and Senate Bills 89, 185, 200, 249, and 403.
Otherwise, this year seems headed towards a Governor veto of the 2011 homeowner legislation. This means the "baby (pro-homeowner bills) get thrown out with the "bathwater" (CAI and CIC Commission-sponsored bills)".
This appears to be headed towards another year of lose-lose HOA legislative activity thanks to the apparently corrupt/greedy members of the CAI and CIC Commission.
Wow, the copy 'n paste anti-HOA people are out in force again this morning.
I am hardly a fan of Copening (would have much rather seen Beers re-elected...but the Obama wave took him out), but can someone outline a specific bill which benefits Del Webb/Pulte above anyone else in that industry? We seem to want to make an argument that, at first glance, something HAS TO BE wrong. Well, upon more research please prove that something is wrong with her having a job in a specific industry. Nevada has citizen politicians...not professional politicians on the state level.
When will these people realize the the very appearence of inappropriate actions will get them at the ballot box next time they run. Senator Copening might be dancing at the edge of the law but come 2012 all of these bills will be back to haunt her and the HOA dwellers that the lawyers, builders, managers, collection agencies and boards have harmed will make sure of it.
Open your eyes Las Vegas (and all surrounding areas). Steve Sebelius has just uncorked the genie in the bottle that has been hidden away for years purposely by some of our elected officials. I don’t care what thier political leanings are. Whether they are far right or far left or Republican or Democrat, but I do care IF THEY ARE ON THE TAKE OR BIASED.
It’s time to take a hard look at the Home Owner Associations and the Management Companies that filter millions of dollars to “favored” construction companies and worse.
The “Bully Boards” are covering up a lot of “misdeeds” that needs to be exposed for what it really is, and why the residents of Nevada are not protected by the Nevada Real Estate Division. NRED and the NRS (and similar) laws are violated all the time by HOA and thier management companies. If you purchased a home in a HOA, did you know that you signed away your rights to “Due Process” as described in the Constitution of the United States?
Don’t believe me? Write a letter to the Nevada Attorney General and ask her!
Re: Allison Copening? Shameful! Just Shameful! Unreal that this is being allowed!
• HOA Problems occur because of LACK OF TRANSPARENCY!
Most here in Las Vegas Valley and Henderson are more and more becoming run by HOA Bully Boards! It is just Human Nature I guess for a Volunteer Board Member to discover how they enjoy this 'new power' to pick on their Neighbors! Board Members quickly start to act "Like Royalty" and RUN AMUCK! Until NRS116 Laws are changed allowing every HomeOwner to have "Informational" Voting Rights from their Home Computer 24/7 365 days a year? I fear the problem with HOAs will surely worsen! Please? Visit OUR WEBSITE: http://www.HOA1234.com .........HOA1234 Dot Com .....Join Us! Help us to change NRS116 to make the laws more: HOMEOWNER FRIENDLY ............and to cripple this Cash Cow for ALL those in the HOA Industry and Collection Agencies!
MGM wants legalized internet betting and look who they supported in the last years senate race. That wouldn't be old Harry, would it?
Sebelius tiptoes around the blatant and conflicting behavior of the Democrats. He used to use curse words and worse to castigate Mark Amodei, who worked during the interim for the mining association, but never lobbied nor introduced any bills on their behalf, and Warren Hardy, who worked for the ABC. Both were Republicans, neither ever did anything close to what the Democrats are doing. Guess we should compliment Steve for even writing about it.
Our elected representatives must be held accountable for their actions! It is a long standing fundamental political doctrine that the legitimacy of a government, to be obeyed in good conscience, rests on fair and just laws. The Legislature must take action.
See "Who is to be held accountable for continued HOA problems?" at http://pvtgov.org.wordpress.com