CHRISTINA EICHELKRAUT / PVT Pahrump Town Board Chairman Laurayne Murray in Las Vegas for her Nevada Commission on Ethics hearing. The three charges levied against Murray were dismissed. Advertisement

LAS VEGAS -- The Nevada Commission on Ethics unanimously agreed to dismiss three complaints against Pahrump Town Board Chairman Laurayne Murray, but not without a stern warning against her participation in future closed sessions at which her husband, Tim Murray, is present.

"The appearance of impropriety exists regardless of what the subject is if the person sitting across from you is your husband," Commissioner James Kosinski said. "Unless you feel you absolutely have to participate, this will always come up."

Murray, along with town board Vice Chairman John McDonald and town counsel Carl Joerger, participated in the hearing via teleconference at the Grant Sawyer state building in Las Vegas.

McDonald and Joerger were witnesses.

Town Board members Don Rust and Dan Sprouse gave their witness testimony by phone.

Murray faced three charges stemming from a complaint by former town board member Paul Willis.

Willis said Murray participated in a closed session of the town board's March 11 meeting, at which her husband, president of the firefighters' union local, made a presentation, was unethical.

Rust had asked Murray to recuse herself from the meeting and refused to attend when the chairman opted to participate anyway.

The commission had previously determined that although Murray did not err by attending the meeting, as it did not have anything to do with the upcoming collective bargaining negotiations with the Pahrump Valley Fire Rescue Service, she may have committed other infractions.

These included using her position to benefit herself or her husband, failing to comply with a previously issued ethics opinion (which had been requested by Murray in 2006) that required her to abstain from meetings in which she would be materially affected by her commitment to her husband, and finally, failing to comply with the previous opinion's ruling that she not participate in confidential meeting concerning collective bargaining negotiations.

"The content of the session was not based on contract negotiations," Murray told the commission. She called the claims "unfounded."

She went on to tell the commission she had used the previous opinion issued by the panel, pointing out that, as suggested, she had sought legal counsel first and then read a disclosure statement during the public session.

"Neither Mr. Murray or I were the subject of the session, and no action was taken," Murray emphasized.

She went on to explain she felt the previous opinion was limited to her participation in collective bargaining sessions and as such the statute did not deny her right to attend the session.

Although commissioners and witnesses had to dance around the details of the closed session, questioning established that Tim Murray made a presentation of a proposed "settlement agreement," as Commissioner Rick Hsu put it, from two Pahrump Valley Fire Rescue Service employees facing disciplinary action.

Hsu's line of questioning pursued whether Murray, who chaired the closed session, had made any comments or indications as to reject or accept the offer.

Rust, Sprouse and McDonald all testified she did not.

Rust and Joerger both said the board had already voted to have the matter go to arbitration months before the closed session ever took place.

Kosinski questioned why, if the town board was not even part of the arbitration or discipline process, the session needed to take place at all.

Sprouse explained, "There was a lot of 'he said, she said' going on" and that "the information given to the board may have been misconstrued."

"I specifically made an effort not to make any comments," Murray added.

Commissioner John Moran asked Murray if she would do anything differently if confronted with a similar situation in the future.

Murray answered that she had found the hearing process to be "an immense instructional opportunity" and went on to say she would have expanded more on her disclosure.

"I did not willfully disregard the valued opinion of this board," Murray said.

Kosinski based his decision to vote in favor of dismissing the allegations on a lack of evidence showing Murray used her position in any way to influence the board.

However, he also hinted that even disciplinary actions involving the Pahrump Valley Fire Rescue Service could be construed technically as a part of collective bargaining negotiations, which, in his view, encompass more than contract renewal.

Hsu also admitted, "It's pretty clear [Murray] was pretty cautious not to take action" but called her disclosure statement "a little thin."

Kosinski added that attending closed sessions at which her husband was present caused "problems for everyone," including other elected representatives involved.