Assembly Judiciary Chairman Horne, Ethics Violation Complaint

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.

Click to expand...

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.

Click to expand...

SoLasVegas said:

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.

Click to expand...

Nevada carrier said:

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

Click to expand...

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)

Click to expand...

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)

Click to expand...

Nevada carrier said:

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.

Click to expand...

nomidlname said:

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/Legislative Guide Book_01.24.11_FinalPublisherVersion.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....

Click to expand...

The Big Guy said:

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

Click to expand...