Reno Mayor Hillary Schieve is scheduled to appear before the Nevada State Ethics Commission on Wednesday to consider an ethics complaint filed against her last year. New documents in the case provided to This Is Reno show the Reno City Attorney’s office is helping Schieve fight the complaint.
Schieve hired the McDonald Carano law firm to sue the Sparks private investigator who placed a GPS tracking device on her car. McDonald Carano also represents developer Toll Brothers.
“[Schieve’s] attorney (Partner Adam Hosmer-Henner) is employed with the McDonald Carano law firm,” the redacted complaint alleges. “On … February 22, 2023 the Reno City Council considered an agreement with Toll Brothers as a first step in the issuance of a $30 million bond for this company. Toll Brothers was represented by McDonald Carano law firm attorney (Partner Joshua Hicks).”
The complaint alleges Hicks and McDonald Carano’s Lindsay Knox lobbied the mayor, council and city staff for the bond issuance approval. It also alleges that Schieve did not disclose her relationship with the law firm.
“In failing to disclose her commitment in a private capacity to the firm, she violated this important transparency provision that the public relies upon to understand conflicts of interest,” the complaint continues. “Schieve should have abstained from voting on an item advocated for by her firm. However, from her position of leadership as the presiding officer, she cut off and limited discussion on the matter.”
The state ethics commission determined there was enough evidence for a full panel to determine whether she violated three state ethics laws.
“Schieve is required to disclose her commitment in a private capacity to McDonald Carano when Hosmer-Henner or other attorneys from McDonald Carano represent clients before the Council,” an attorney for the commission wrote. “Schieve did not disclose her commitment in a private capacity to McDonald Carano prior to acting on and voting on [the agenda item in question].”
The attorney, Elizabeth Bassett, further said Schieve’s failure to disclose was willful. She filed a motion for summary judgment in November, finding Schieve had one willful and one non-willful violation. She recommended a penalty of reprimand and ethics training.
However, Assistant City Attorney Jonathan Shipman responded, “The undisputed facts show that Schieve does not have a ‘substantial’ business relationship with McDonald Carano. In addition, the undisputed facts show that Schieve had no duty to disclose because City Council action on [the agenda item] would not be reasonably affected by Schieve’s alleged commitment in a private capacity to the interests of Hosmer-Henner.”
A subsequent filing by both the commission and city, however, delineated that Hicks was not involved in communications with Hosmer-Henner and Schieve, “and Hosmer-Henner has not been and is not currently involved in any attorney-client communications between Hicks and Toll Brothers. Schieve does not know what financial, legal or client arrangement Toll Brothers has with Hicks or McDonald Carano.”
In December, the ethics commission’s executive director disputed the city’s claims. “The commission’s precedent required Schieve to disclose her commitment in a privacy capacity to McDonald Cararno,” Bassett noted again. “Schieve was required by [law] to disclose her commitment in a private capacity to McDonald Carano and determine whether her abstention on the matter was required. She failed to do so and therefore violated NRS 281A.420(1) and (3).”
Shipman again countered that the mayor was unaware she had to disclose the relationship.
It is unclear how the commission will vote tomorrow. The meeting may be viewed on YouTube starting at 10 a.m.: https://youtube.com/live/rSt6nAbz7Nw
Schieve did not respond to a request for comment about the complaint.
