Boulder City mayor accused of ethics breach

A former Boulder City councilwoman has accused Mayor Roger Tobler and City Manager Vicki Mayes of using their influence to steer city business to Tobler's hardware store.

The Nevada Ethics Commission has agreed to hold a hearing on the issue after reviewing Linda Strickland's 653-page request for an opinion, which alleges that Tobler and Mayes violated state ethics laws and that Tobler benefited financially while Mayes earned glowing evaluations from the mayor in return.

The bulk of Strickland's complaint consists of copies of agendas and meeting minutes dating to 2003, but the Ethics Commission will review such documents only over the past two years.

Strickland alleges that after Tobler complained of a downturn in city business at his store, Mayes ordered city workers to split their purchases between Ace Shopper Stopper and Tobler's True Value Home Hardware store. They are the only two hardware stores in the city of about 15,000 people.

Strickland, who lost to incumbent Tobler in April's Boulder City Council primary election, said the issue isn't only whether employees were told to split their purchases between the two stores but also whether a business owned by a public official can do business with the city at all.

"This is an ethical issue," said Strickland, an attorney. "I don't have an ulterior motive. This is about protecting taxpayers and employees. I understand this is a bone of contention with many of them."

Strickland also alleges that on only one occasion since Tobler was elected to the City Council in 2003 did he disclose that his business was listed among the city's invoices paid each month and that he consistently voted to approve payment. She said the hardware store has sold about $150,000 of goods to the city over the past eight years.

MAYOR  REPONDS TO CLAIMS

Tobler acknowledged Tuesday that he failed to disclose that his business benefited from taxpayer dollars and that he voted on approving the monthly vouchers. But he rejected the notion that the store, which his family has owned since 1973, is barred by law from doing business with the city.

Ethics laws prohibit elected officials from contracting for services with local governments unless they are the sole source. Tobler said that his store has never contracted with the city.

"It just didn't dawn on me or my staff," Tobler said about his failure to disclose. "Ultimately, it's on me to do that. I will start disclosing."

Tobler said he never ordered Mayes, his subordinate, to steer business his way. Mayes agreed with that assessment, but emails Strickland obtained through a public records request illustrate that employees were ordered to spend equal amounts of taxpayer dollars at both stores for incidental items such as light bulbs, parts for irrigation systems and other small purchases.

Both stores on average charge customers about the same amount, a city study shows. Neither store is under a city contract.

Strickland said she filed the complaint with the Ethics Commission in the interest of Boulder City taxpayers.

Tobler isn't so sure.

"I have to question her motivation," he said.

He also said the business his store got from the city has declined from an average of $3,000 a month before his 2003 election to about $1,000 a month.

"I do not believe I used my position at all," he said, "and I certainly didn't direct anyone to buy from my store. I never directed the city manager to order anything. I did ask her if my store did something to prompt the city to stop buying at my store, but I never told her to order that they do. That would have definitely crossed the line."

Mayes said she never ordered department heads to split their hardware purchases, but she acknowledges she did suggest to them they do so. She also said the city splits its business evenly with the two veterinarians in Boulder City.

"I didn't feel the mayor forced my hand or used his position," she said. "We try to support all businesses in the city."

Tobler said that the city's business would not "make or break" the hardware store's bottom line and that he would not risk damage to his integrity by violating his professional ethics.

OTHER DEPARTMENTS INCLUDED

Other emails Strickland obtained in her record request also indicate employees were ordered to shop at both stores.

Public Works supervisor Gary Poindexter brought up the issue in several work emails over the past couple of years. In one, he suggested disciplining an unidentified employee who refused to buy from Tobler's store.

Poindexter's boss, Public Works director Scott Hansen, said Wednesday that he ordered employees to shop at both stores after learning they were shopping exclusively at Ace.

"I heard the other store has an attractive cashier, so all the guys were going there," said Hansen, who acknowledged there was a discussion to discipline one of his workers. "When I give a directive to staff, I expect them to follow it. When they don't, they will be disciplined."

Hansen said he was not approached by Mayes or Tobler about the issue.

"We shop around for the best prices," he said. "When they're the same, we use both. We've always done that, it's only fair. They were spending four to 10 times at the other store."

But other supervisors in Boulder City's landscaping and garage departments told employees in letters and emails that they were ordered to split purchases.

Mayes said Strickland's complaint is personal. "She never supported me as the city manager," Mayes said. "This is all retaliation. She wants to discredit me."

The story took a bizarre turn in June -- days after Strickland requested copies of city emails -- when Tobler reported that his invoices were stolen from the store. He said there was no sign of a break-in and nothing else was taken, including a cash box and merchandise. A week later, the invoices reappeared in a different file. Tobler said police checked for fingerprints, but a suspect was never identified.

The Ethics Commission has not set a date for its hearing.