Panel: Nevada gov didn’t purposefully break ethics laws by wearing sheriff’s unform in campaign ads

The long-running saga surrounding Gov. Joe Lombardo’s use of his Clark County sheriff’s badge and uniform during his first campaign for office finally ended this week with a settled agreement finding the GOP governor had not purposefully violated ethics law and would be assessed a $5,000 payment.

The proposed agreement was approved Tuesday by the eight-member body charged with enforcing Nevada’s ethics laws on a vote of 5-3. The agreement acknowledged that media and opponents also used depictions of Lombardo in his sheriff’s badge or uniform during the campaign cycle, and Lombardo used the accouterments of the sheriff’s office while campaigning for a separate public office.

The payment is not considered a fine because under state law, the commission may only impose a monetary penalty or fine upon finding a willful violation.

Commission attorney Elizabeth Bassett added that though the commission often includes a requirement for ethics training, that part was left out because Lombardo voluntarily underwent ethics training after he became governor.

Commission members who voted in support of the agreement emphasized during the Tuesday meeting that Nevada law does not specifically say whether an official can wear a uniform in campaigning for office. They noted that it relies heavily on using government resources and giving the appearance of official endorsement.

Commissioner Brianna Smith, who supported the agreement, said the second judicial district court ruled against the ethics commission on an unrelated ethics case that was factually similar to Lombardo’s case. She said, like the court, she had trouble finding that Lombardo’s photographs depicting him in his sheriff’s uniform, a position he held at that time, created the appearance of impropriety.

“In my view there’s a risk to the commission continuing to pursue this case, which could be appealed by one or both parties,” Smith said. “If the case had been handed to me in 2021, I would have voted to decline it from proceeding into an unnecessary investigation. It’s already gone on for four years too long. The proposed stipulated agreement offers closure and cost savings to both sides.”

In a statement released after the commission voted on the agreement, attorneys representing Lombardo maintained that the case was politically motivated and should never have been brought, but said they were grateful it was resolved.

“While Governor Lombardo was extremely confident in his legal positions moving forward on the merits, an opportunity arose to resolve this matter with no finding of a willful violation, no public censure, and a modest $5,000 payment to Nevada’s general fund,” they wrote. “The Governor believes this resolution is in the best interests of the parties and, most importantly, Nevada taxpayers. He looks forward to putting this matter to rest and continuing his work on more constructive matters.”

The agreement is the latest decision in a long string of cases where Nevada sheriffs have used their uniforms and badges in campaigns despite a lack of clarity in state law. Commission members emphasized the broad guidance on the use of government property while campaigning but said that the law remains relatively ambiguous and may require the Legislature to add clarity.

“I’ve worked on many changes with the legislative commission, with the Legislature, to clarify issues within the law,” Commissioner Terry Reynolds said during the meeting. “This is a prime example of an area where we could have an impact … to clarify this law.”

Commissioner Teresa Lowry, who opposed the agreement, said there was no legal reason to depart from the original final opinion and warned that it reverses a previously rendered final opinion undermining commission precedent and leaving the term “final order” meaningless.

Commission Vice Chair Kim Wallin was also opposed. Wallin said by approving the stipulated agreement, the commission is treating similar cases that happened in the past differently, leading to more confusion. She added that she disagreed with interpretations that the law was unclear.

“When you have disagreements over the interpretation of the law, that is when you look to the courts to settle that disagreement,” Wallin said. “By settling this case without having the courts resolve it, we are doing a disservice to our public officials and employees and to the citizens of Nevada.”

Lombardo has 90 days after the finalization of the agreement to make the $5,000 payment.

In 2023, when attorneys for the Nevada Commission on Ethics initially submitted a legal analysis about complaints made in 2021 surrounding Lombardo’s use of the demarcations of the sheriff’s office while running for office, they cited 34 ethics law violations of two state laws and assessed 68 violations.

The commission can fine up to $5,000 for a first willful violation of state law, $10,000 for a separate willful violation and $25,000 for a third violation. The legal analysis imposed a fine for each time Lombardo’s campaign posted an image, published a video or used imagery of Lombardo wearing his uniform, badge or gun in campaign materials. When combined, the recommended fines totaled more than $1.6 million.

The analysis also recommended the commission censure Lombardo and designate an ethics officer within the governor’s office.

In a 4-2 decision, the commission later voted to censure and fine Lombardo $20,000 for violating state ethics law prohibiting public officials from using government property or equipment “to benefit a significant personal or pecuniary interest.”

One of the commissioners appointed by Democratic former Gov. Steve Sisolak, Damian Sheets, later resigned from the commission, saying the group was “tainted by political interference.”

Months later, Lombardo sued to overturn the sanctions, challenging the commission for violating the state Constitution’s separation of powers doctrine because some members are appointed by the Legislature. But a Carson City judge dismissed the lawsuit last year citing a technicality. Lombardo’s lawyers appealed that ruling, and eventually received a decision overturning it in June by the Nevada Supreme Court, sending it back to the district court.

The agreement marks the end of the back-and-forth in the courts over the issue.

___

This story was originally published by The Nevada Independent and distributed through a partnership with The Associated Press.