School board trustee in unwillful violation of ethics law

The vice president of the Douglas County School Board violated a state ethics law during the superintendent's evaluation June 17 when he failed to disclose that his spouse serves as secretary to both the superintendent and board of trustees.

On Oct. 7, the Nevada Commission on Ethics unanimously voted to accept a stipulated agreement in which Thomas Moore was found to have unwillfully violated the Ethics in Government Law, according to commission executive director Caren Jenkins.

"It was not a willful violation," Jenkins said Monday. "The main gist is that he voted in a manner contrary to pecuniary interest. The likelihood that it would benefit his wife's position in some way was minimal, and that was the basis for finding it not willful."

Jenkins said the violation will become part of the record, but no sanctions or fines will be imposed.

"A finding of no willfulness absolves," Jenkins said. "It was unintentional."

Lake Tahoe parent Chris Sullivan filed the complaint against Moore on June 19, two days after the superintendent's evaluation. In her complaint, Sullivan alleged that Moore violated state ethics law on two fronts: failing to disclose his spouse's employment, and failing to abstain from the vote on the superintendent.

Jenkins said the latter allegation was dismissed.

"There was not just and sufficient cause for a hearing on abstention," she said. "Abstention only applies in a clear case where the independent judgment of a reasonable person is materially affected."

During the initial evaluation, Moore had been a staunch critic of Superintendent Carol Lark. He voted against the extension of her contract after the matter was continued to an August meeting.

"There are no 'ifs,' 'ands' or 'buts' about it. Apparently, I was ignorant of the details of the law as far as disclosure goes," Moore said Monday. "I should have been more knowledgeable of the law. Shame on me for not knowing that. Their (the ethics commission) ruling is 100 percent consistent with my thinking. The public does have a right to know that I am married to the secretary."

However, Moore had a different opinion about abstention.

"I was very comfortable with my understanding whether or not I was violating the ethics law pertaining to Lark's evaluation," he said. "There was no doubt in my mind that there would ever be a material benefit to myself or my wife from voting."

Moore was first appointed to the school board in May 2007 to fill a vacant seat. He was elected in November 2008 to serve the remainder of the term, which expires in 2010.

His wife, Carolyn Moore, has worked for the school district since 1996. She was head secretary at Pau-Wa-Lu Middle School before becoming secretary to the superintendent and board of trustees in 2005.

According to a report by the Nevada Commission on Ethics, Thomas Moore consulted district counsel when deciding to serve as a board member, and received approval from Nevada Superintendent of Public Instruction Keith Rheault.

Jenkins said in the future, Moore will need to disclose his spouse's employment, "anytime a vote comes before the board that could either benefit or be a detriment to his wife."

"Even though everyone in the room may know it, it needs to be disclosed at the time a matter is considered," she said.