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Thread: Assembly Judiciary Chairman Horne, Ethics Violation Complaint

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    Assembly Judiciary Chairman Horne, Ethics Violation Complaint

    It is my personal belief that Assemblymen Horne's affiliation with UNLV was in direct conflict of interest to the matters concerning Senate Bill 231. His employer was on record in opposition to the bill and his actions indicate that he acted in the interests of his employer by denying his committee an opportunity to vote on a recommendation.

    Assemblyman Horne made no declaration that I am aware of that a conflict of interest may exist and this is a breach of Rule No. 23.

    I believe a fear of retaliation by UNLV if assemblyman Horne acted outside the interests of the university was the reason behind his refusal to bring SB231 to a vote. I will be filing a complaint very soon and would encourage others to do so as well.
    Rule No. 23. Select Committee on Ethics; Legislative Ethics.
    ...
    8. In determining whether a Legislator has a conflict of interest, the Legislator
    should consider whether the independence of judgment of a reasonable person in his
    position upon the matter in question would be materially affected by:
    (a) His acceptance of a gift or loan;
    (b) His private economic interest; or
    (c) His commitment to a member of his household or his immediate family.
    9. Except as otherwise provided in subsection 10, if a Legislator knows he has a
    conflict of interest pursuant to subsection 8, the Legislator shall make a general
    disclosure of the conflict of interest on the record in a meeting of a committee or on the
    floor of the Assembly, as applicable. Such a disclosure must be entered:
    (a) If the Legislator makes the disclosure in a meeting of a committee, in the
    minutes for that meeting.
    (b) If the Legislator makes the disclosure on the floor of the Assembly, in the
    Journal.
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    Excellent. Is there anything I can do to help? Should I also file complaint? would that be helpful or redundant? I know the government loves redundancy....

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    Yes, we need everyone to file a complaint. One or two people can be written off as nut cases and sore losers, but if we can get a hundred or even more people it makes it harder to dismiss.

    A complaint which alleges a breach of ethics or a conflict of interest must be made in writing on a form provided by the Chief Clerk of the Assembly (telephone: 775 684-8555; email: sfurlong@lcb.state.nv.us), signed and verified under penalty of perjury by the person making the allegation, and filed with the Chair of the Committee. If the Chair is the subject of the complaint, the complaint must be filed with the Vice Chair.
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    We should also do an FOIA request for all email messages sent from or received by Bill Horne that reference SB231, concealed carry, or similar terms. This would tell us if there were any documented conversations regarding this and whether those communications could be construed as having an effect on his refusal to allow the vote.

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    Quote Originally Posted by SoLasVegas View Post
    We should also do an FOIA request for all email messages sent from or received by Bill Horne that reference SB231, concealed carry, or similar terms. This would tell us if there were any documented conversations regarding this and whether those communications could be construed as having an effect on his refusal to allow the vote.
    The request you are looking for is known in this state as a Nevada Open Records Act (NORA) request. E-mail communications may only be discoverable by court order, however they would likely be available to the ethics committee in their investigation.

    These requests look like this one
    Last edited by Nevada carrier; 06-07-2011 at 10:39 AM.
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    Quote Originally Posted by Nevada carrier View Post
    The request you are looking for is known in this state as a Nevada Open Records Act (NORA) request. E-mail communications may only be discoverable by court order, however they would likely be available to the ethics committee in their investigation.

    These requests look like this one
    Thanks. Do you know of any statutory language exempting email messages? I have searched a bit and have not been able to find any exemption in statutes, court cases, or AG opinions. I thought I had seen somewhere that any discourse that would substantially effect the activity of a government official or agency is also subject to the Open Meeting requirements.

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    NRS 239.0105 Confidentiality of certain records of local governmental entities.
    1. Records of a local governmental entity are confidential and not public books or records within the meaning of NRS 239.010 if:
    (a) The records contain the name, address, telephone number or other identifying information of a natural person; and
    (b) The natural person whose name, address, telephone number or other identifying information is contained in the records provided such information to the local governmental entity for the purpose of:
    (1) Registering with or applying to the local governmental entity for the use of any recreational facility or portion thereof that the local governmental entity offers for use through the acceptance of reservations; or
    (2) On his or her own behalf or on behalf of a minor child, registering or enrolling with or applying to the local governmental entity for participation in an instructional or recreational activity or event conducted, operated or sponsored by the local governmental entity.

    2. The records described in subsection 1 must be disclosed by a local governmental entity only pursuant to:
    (a) A subpoena or court order, lawfully issued, requiring the disclosure of such records;
    (b) An affidavit of an attorney setting forth that the disclosure of such records is relevant to an investigation in anticipation of litigation;
    (c) A request by a reporter or editorial employee for the disclosure of such records, if the reporter or editorial employee is employed by or affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station; or
    (d) The provisions of NRS 239.0115.

    3. Except as otherwise provided by specific statute or federal law, a natural person shall not provide, and a local governmental entity shall not require, the social security number of any natural person for the purposes described in subparagraphs (1) and (2) of paragraph (b) of subsection 1.

    4. As used in this section, unless the context otherwise requires, “local governmental entity” has the meaning ascribed to it in NRS 239.121.
    (Added to NRS by 2005, 1040; A 2007, 2063)
    and...

    NRS 239.0115 Application to court for order allowing inspection or copying of public book or record in legal custody or control of governmental entity for at least 30 years; rebuttable presumption; exceptions.

    1. Except as otherwise provided in this subsection and subsection 3, notwithstanding any provision of law that has declared a public book or record, or a part thereof, to be confidential, if a public book or record has been in the legal custody or control of one or more governmental entities for at least 30 years, a person may apply to the district court of the county in which the governmental entity that currently has legal custody or control of the public book or record is located for an order directing that governmental entity to allow the person to inspect or copy the public book or record, or a part thereof. If the public book or record pertains to a natural person, a person may not apply for an order pursuant to this subsection until the public book or record has been in the legal custody or control of one or more governmental entities for at least 30 years or until the death of the person to whom the public book or record pertains, whichever is later.

    2. There is a rebuttable presumption that a person who applies for an order as described in subsection 1 is entitled to inspect or copy the public book or record, or a part thereof, that the person seeks to inspect or copy.

    3. The provisions of subsection 1 do not apply to any book or record:
    (a) Declared confidential pursuant to NRS 463.120.
    (b) Containing personal information pertaining to a victim of crime that has been declared by law to be confidential.
    (Added to NRS by 2007, 2062; A 2009, 290)
    To avoid creating a wall of text... NRS 463.120
    Last edited by Nevada carrier; 06-07-2011 at 11:03 AM.
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    What about getting the attention of the news outlets on this one? Maybe an email to the RGJ or LVRJ? I'd send one myself, but I think it would be better from someone who is a little more privy to the situation.

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    they will find out, they never let these things go in documented.
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    Add me and the wife to the list for the complaint. We will get the ball rolling as well.

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    I also would like to join in. I just found out our shop has a very large roof coming up at UNLV. Possibly the Thomas & Mack.
    EDC=XDm40 16+1+16+16

    RED DRAGONS!!!!

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    Regular Member Nevada carrier's Avatar
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    Finally got the complaint form. Lets show Assemblyman Horne that the people of Nevada wont tolerate his shenanigans and end his political career before he moves on to the federal level where he would really damage our rights.
    Attached Files Attached Files
    Last edited by Nevada carrier; 06-09-2011 at 08:08 PM.
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    Thanks for getting this. Do we want a blanket statement made?

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    Good NORA request Nevada Carrier. We might want to start a thread just for NORA... Travis Barrick and I were Blasting through caselaw and NRS over NORA a couple weeks ago. I have a feww more things to tie up, but it looks like we can bust NORA wide open.

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    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by Nevada carrier View Post
    It is my personal belief that Assemblymen Horne's affiliation with UNLV was in direct conflict of interest to the matters concerning Senate Bill 231. His employer was on record in opposition to the bill and his actions indicate that he acted in the interests of his employer by denying his committee an opportunity to vote on a recommendation.

    Assemblyman Horne made no declaration that I am aware of that a conflict of interest may exist and this is a breach of Rule No. 23.

    I believe a fear of retaliation by UNLV if assemblyman Horne acted outside the interests of the university was the reason behind his refusal to bring SB231 to a vote. I will be filing a complaint very soon and would encourage others to do so as well.
    What is his exact affiliation with UNLV? In what regard is UNLV on record regarding this bill? Have the committee records been checked to verify he did not disclose in committee? Has his office been asked directly if he disclosed? Are there any other committee members affiliated with a University or College? On the surface it looks like you're on to something and I'd like to help any way I can. I want to be sure of my ground first.

    TBG
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    Assemblyman Horne is an adjunct professor, meaning he teaches part time or on a temporary basis. I believe he fears either his services in that capacity may no longer be retained or anticipates favorable considerations in exchange for obstructing the bill; this is his private economic interest.

    Chief Jose Elique, UNLV police department went on record on behalf of his department and the president of the university in opposition to SB231.

    We are not the one who are capable of conducting a thorough investigation, though we should do as much as we can. We have enough right now to file a complaint and get an official investigation started by those who are tasked to do that.
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    The firm I was given before is the old form, I have the new form attached here and I updated the first attachment to be the correct one as well. If you have submitted one on the old form it will likely be routed to the correct legislator, but you may wish to send a new complaint on the updated form.

    Address your complaint to;

    Assemblyman Marcus Conklin
    Chair, Assembly Select Committee on Ethics
    c/o Office of the Assembly Chief Clerk
    Legislative Building
    401 South Carson Street, Room 1109
    Carson City, NV 89701
    Attached Files Attached Files
    Last edited by Nevada carrier; 06-09-2011 at 08:08 PM.
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    TBG,

    I was looking for the same information today. I wanted to be absolutely sure he was directly affiliated with UNLV at the time of the vote.

    I found this http://nic.unlv.edu/files/Legislativ...herVersion.pdf which is dated 1/31/2011 and lists him as adjunct professor.

    I went here http://ci.unlv.edu/faculty/adjunct and couldn't find his name listed but that doesn't mean much since I could be looking in the wrong place.

    I'm going to go ahead and file the complaint anyways and I am forwarding the information to all of my friends for them to file a complaint. Maybe I can get 10 or 15 people to actually do it

    At the very least it will raise the question and it will be looked into. Possibly removing his ability to stop the 2013 attempt at this bill....

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    Quote Originally Posted by nomidlname View Post
    TBG,

    I was looking for the same information today. I wanted to be absolutely sure he was directly affiliated with UNLV at the time of the vote.

    I found this http://nic.unlv.edu/files/Legislativ...herVersion.pdf which is dated 1/31/2011 and lists him as adjunct professor.

    I went here http://ci.unlv.edu/faculty/adjunct and couldn't find his name listed but that doesn't mean much since I could be looking in the wrong place.

    I'm going to go ahead and file the complaint anyways and I am forwarding the information to all of my friends for them to file a complaint. Maybe I can get 10 or 15 people to actually do it

    At the very least it will raise the question and it will be looked into. Possibly removing his ability to stop the 2013 attempt at this bill....
    I have emailed Asm Horne and asked him a series of questions. I am researching the questions I asked and will post what I find. Going to be interesting to see if he answers me.

    TBG
    Life member GOA and NRA. Member of SAF, NAGR, TXGR and Cast Bullet Assoc.

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    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by The Big Guy View Post
    I have emailed Asm Horne and asked him a series of questions. I am researching the questions I asked and will post what I find. Going to be interesting to see if he answers me.

    TBG
    I got a read receipt this morning for my email, so at least it is in his hands.

    TBG
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    His "professional" bio.

    http://www.spoke.com/info/pEzQNKb/WilliamHorne

    I believe you pay to have these put up.

    Also his "wiki"

    http://ballotpedia.org/wiki/index.php/William_Horne

    Both show him as an adjunct prof at unlv
    Last edited by Joef; 06-11-2011 at 01:43 AM.

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    I looked up the Assembly Jornal for the day that Senate Bill 231 was first read to the assembly and assigned to the Assembly Judiciary Committee. At the time the motion was carried, nothing was entered into the journal to indicate that a conflict of interest may exist, pursuant to Rule 23;

    9. Except as otherwise provided in subsection 10, if a Legislator knows he has a
    conflict of interest pursuant to subsection 8, the Legislator shall make a general
    disclosure of the conflict of interest on the record in a meeting of a committee or on the
    floor of the Assembly, as applicable. Such a disclosure must be entered:
    (a) If the Legislator makes the disclosure in a meeting of a committee, in the
    minutes for that meeting.
    (b) If the Legislator makes the disclosure on the floor of the Assembly, in the
    Journal.
    10. If, on one or more prior occasions during the current session of the Legislature,
    a Legislator has made a general disclosure of a conflict of interest on the record in a
    meeting of a committee or on the floor of the Assembly, the Legislator is not required to
    make that general disclosure at length again regarding the same conflict of interest if,
    when the matter in question arises on subsequent occasions, the Legislator makes a
    reference on the record to the previous disclosure.
    IAW rule 23, if a general disclosure has already been made, the legislator must make reference to the general disclosure that has already been recorded. In the Assembly Journal, SB231 was mentioned twice, and in neither event was a conflict of interest disclosed or referenced;

    MESSAGES FROM THE SENATE
    SENATE CHAMBER, Carson City, May 28, 2011
    To the Honorable the Assembly:
    I have the honor to inform your honorable body that the Senate on this day passed Assembly
    Bill No. 98.
    Also, I have the honor to inform your honorable body that the Senate amended, and on this
    day passed, as amended, Assembly Bill No. 198, Amendment No. 611; Assembly Bill No. 304,
    Amendment No. 747, and respectfully requests your honorable body to concur in said
    amendments.
    — 46 —
    Also, I have the honor to inform your honorable body that the Senate on this day passed, as
    amended, Senate Bill No. 231.
    SHERRY L. RODRIGUEZ
    Assistant Secretary of the Senate
    and again...

    INTRODUCTION, FIRST READING AND REFERENCE
    Senate Bill No. 231.
    Assemblyman Conklin moved that the bill be referred to the Committee on
    Judiciary.
    Motion carried.
    The scary thing is the fact that the Chair of the Assembly Ethics committee was the one who moved to have SB231 assigned to the Judiciary Committee. Is it possible that he did so because he knew a conflict of interest existed? could we have uncovered a deeper issue here? And why the hell havn't the minutes for the Judiciary Committee Hearing of SB231 been made public yet? But I'm sending in a NORA request to get them. I suspect there is a reason the minutes haven't been published, they contain information that can be used to bolster our case.

    NORA request
    Last edited by Nevada carrier; 06-13-2011 at 09:55 AM.
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    US Supreme Court upholds ethics law against Sparks councilman Carrigan

    http://www.rgj.com/article/20110613/...text|Frontpage

    WASHINGTON (AP) ó The Supreme Court has upheld a Nevada ethics law that governs when lawmakers should refrain from voting on official business because they might have a conflict of interest.

    The court ruled unanimously Monday in upholding the application of the law against Sparks city council member Mike Carrigan, who voted on a casino project even though his campaign manager served as a project consultant.


    The Nevada Supreme Court had struck down the law, saying it violated the council memberís free speech rights.


    The ethics law lays out various relationships that should disqualify an official from voting, including the officialís relatives and business associates.

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    I am actually a constituent of Asm Horne (I live in his district). I contacted him every day for a week leading up to the end of the session, with no response. At the time, I was unaware of his conflict of interests. I too will file this complaint, and I will be doing so as his actual constituent. I am furious over this.

    I am tired of voting "None of these" for my assembly spot. Can we get someone viable to run against this guy?

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    Cross posted to NV Shooters

    I received call backs from both Senator Lee and Assemblyman Hansen, both were unaware that Chairman Horn was either an adjunct professor or that he serves on the Advisory Committee for the Greenspun College of Urban Affairs at UNLV. Neither of them are aware that he made any declaration or reference to a declaration that a conflict of interests may exist.

    If you have been waiting to file a complaint, please do so ASAP!
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