STATE OF NEVADA

COMMISSION ON ETHICS

 

704 W. Nye Lane, Suite 204

Carson City, Nevada 89703

(775) 687-5469 Fax (775) 687-1279

 

http://ethics.nv.gov

 

October 2, 2012

 

Jed Margolin

1981 Empire Rd.

Virginia City Highlands, NV 89521

 

 

RE:      Requests for Opinion Nos. 12-55N, 12-56N, 12-57N and 12-58N, filed September 27, 2012, regarding Bob Kershaw, Bill Sjovangen, and Greg Hess, Storey County Commissioners; and Bill Maddox, Storey County District Attorney.

 

Dear Mr. Margolin:

 

            In accordance with Nevada Administrative Code 281A, I have conferred with the Commission's legal counsel regarding the above-referenced requests for opinion. We have determined that, for the reasons indicated below, the Nevada Commission on Ethics lacks jurisdiction to consider your requests for opinion, and/or you have failed to provide the minimal level of credible evidence required for the Commission to pursue these matters.

 

For the Commission to have jurisdiction to consider a Request for Opinion ("RFO"), the alleged acts must constitute a violation of Nevada Revised Statutes ("NRS") Chapter 281 A. Your Requests for Opinion Nos. 12-55N, 12-56N, 12-57N and 12-58N, allege acts that do not implicate NRS 281 A.

 

Additionally, for the Commission to have jurisdiction to consider a RFO, the requester must provide a minimal level of credible evidence supporting the allegations. Your Requests for Opinion fail to include the minimal level of evidence required to support a violation of NRS Chapter 281A.

 


DETERMINATION

October 2, 2012

Page 2

 

 

            At this time, based on the above information, the Commission has no authority under NRS 281A.440 to investigate the violations alleged in your Requests for Opinion.

 

            Pursuant to NAC 281A.405(4), you may request a panel of Commissioners to review this determination. Should you wish to pursue this remedy, you must submit a request to the Commission in writing not later than 10 days after your receipt of this notification.

 

 

Best wishes,

 

Caren Cafferata-Jenkins, Esq.

Executive Director

 


CERTIFICATE OF MAILING

 

I certify that I am an employee of the Nevada Commission on Ethics and that on this day in Carson City, Nevada, I deposited for mailing, via U.S. Postal Service, certified mail, return receipt requested, through the State of Nevada mailroom, a true and correct copy of the JURISDICTIONAL DETERMINATION addressed as follows:

 

Jed Margolin  Cert. No. 7011 2970 0000 0438 9124

1981 Empire Rd.

Virginia City Highlands, NV 89521

 

Dated:  October 2, 2012

 

Valerie Carter, Executive Assistant