Case raises question of access to officials.(news)

BYLINE: FRANK GEARY REVIEW-JOURNAL

What lobbyist Tom Skancke insists is a constitutional right, lawyer Garry Hayes says is undermining public confidence in local government.

Skancke says it is wise for local elected officials to meet privately with real estate developers before voting publicly on their subdivisions or shopping centers. He said the country's Founding Fathers wanted elected officials to be accessible to constituents of all kinds.

Hayes, on the other hand, says developers should be prohibited from cozying up to government officials. Such unbridled access gives them an unfair advantage over residents who are not nearly as experienced at lobbying local officials.

"There should be a law. There needs to be a policy on it to level the playing field, so that when residents come to a meeting they are on the same level as the developers who come in with their lawyers and their consultants," said Hayes, a real estate attorney. "The public has to have confidence that its elected officials have the public's best interests at heart."

Judges are prohibited from meeting with attorneys for one side when the other side is not present. Such discussions are called "ex parte communications" and they can result in severe discipline.

Nevada law, however, doesn't restrict elected officials from meeting privately with developers, constituents or anyone else on matters in which the elected officials serve more as judges than legislators. Such issues include zoning variances, the awarding of contracts or other decisions that pit one party against another.