In Re Gorelow, Panel Determination 23-114C

STATE OF NEVADA
BEFORE THE NEVADA COMMISSION ON ETHICS
In re Michelle Gorelow, Assemblymember, Ethics Complaint

Nevada State Legislature, Case No. 23-114C
State of Nevada, Confidential
Subject. /
REVIEW PANEL DETERMINATION

NRS 281A.730; NAC 281A.440
The Nevada Commission on Ethics (“Commission”) received this Ethics Complaint
on August 31, 2023, regarding the alleged conduct of Michelle Gorelow (“Gorelow” or
“Subject”). The Complaint alleged violations of NRS 281A.400(1), (2), (3), (4), and (5).
During the jurisdictional determination process, the Commission evaluated the facts
presented and limitations placed on the Commission’s jurisdiction.
I. Limits on the Commission’s Ability to Investigate Legislator Conduct
The Supreme Court of Nevada has determined that there are limits on the
Commission’s constitutional ability to investigate legislator behavior or to enforce some
Ethics Law requirements against members of the Legislature. During the 2007 Legislative
Session, the Commission pursued an ethics investigation against Senator Warren Hardy
(“Hardy”) alleging that he failed to properly disclose and abstain while voting for matters
that benefited his private interests.
Hardy made a motion to dismiss the proceedings which the Commission rejected;
Hardy then sought a petition for judicial review and an emergency motion for a preliminary
injunction against the Commission on the basis that the separation of powers doctrine
prohibits an executive branch agency from questioning a legislator’s vote. The Nevada
Supreme Court made the following relevant holdings:
A. The Nevada Commission on Ethics is an agency of the Executive

Branch;
B. The Legislature may not delegate disciplinary authority for “disorderly

conduct” to the Commission;
C. Voting on measures in the Legislature is a core legislative function and

discipline for disorderly conduct while voting may not be delegated to
the Commission.
See Commission on Ethics v. Hardy, 125 Nev. 285, 212 P.3d 1098 (2009). While the
Hardy matter was being litigated, the Legislature adopted clarifying statutes establishing
statutory Legislative immunity.
In pertinent part, NRS 41.071 provides:
Review Panel Determination

Case No. 23-114C
Page 1 of 5
1. The Legislature hereby finds and declares that:
…
(h) Therefore, the purpose and effect of this section is to
implement the constitutional doctrines of separation of powers and
legislative privilege and immunity by codifying in statutory form the
constitutional right of State Legislators to be protected from having
to defend themselves, from being held liable and from being
questioned or sanctioned in administrative or judicial proceedings for
speech, debate, deliberation and other actions performed within the
sphere of legitimate legislative activity.
2. For any speech or debate in either House, a State Legislator
shall not be questioned in any other place.
…
5. This section applies to any actions, in any form, taken or
performed within the sphere of legitimate legislative activity, whether
or not the Legislature is in a regular or special session, and such
actions include, without limitation:
(a) Any actions, in any form, taken or performed with regard to
any legislative measure or other matter within the jurisdiction of the
Legislature, including, without limitation, conceiving, formulating,
investigating, developing, requesting, drafting, introducing,
sponsoring, processing, reviewing, revising, amending,
communicating, discussing, debating, negotiating, allying,
caucusing, meeting, considering, supporting, advocating, approving,
opposing, blocking, disapproving or voting in any form.
(b) Any actions, in any form, taken or performed with regard to
any legislative investigation, study, inquiry or information-gathering
concerning any legislative measure or other matter within the
jurisdiction of the Legislature, including, without limitation, chairing or
serving on a committee, preparing committee reports or other
documents, issuing subpoenas or conducting disciplinary or
impeachment proceedings.
(c) Any actions, in any form, taken or performed with regard to
requesting, seeking or obtaining any form of aid, assistance, counsel
or services from any officer or employee of the Legislature
concerning any legislative measure or other matter within the
jurisdiction of the Legislature, including, without limitation, any
communications, information, answers, advice, opinions,
recommendations, drafts, documents, records, questions, inquiries
or requests in any form.
The Hardy decision along with the subsequent statutes related to legislator
immunity place some restrictions on the Commission’s ability to investigate and enforce
the Ethics Law when the subject of a complaint is a legislator. However, these restrictions
are not absolute. For example, the Supreme Court in Hardy specifically stated that “the
Legislature may delegate the power to discipline with respect to conduct related to
noncore legislative functions” and pointed to NRS 281A.400(8), 281A.430, and 281A.510
as examples of provisions that do not relate to core legislative functions. Further, the
legislative immunity established in NRS Chapter 41 only applies to “legitimate legislative
activity”.
///

Case No. 23-114C
Page 2 of 5
II. Jurisdictional Determination
The Commission determined Subject is a public officer as defined in NRS

281A.160, and the Commission has jurisdiction over this matter pursuant to NRS
281A.280 because the allegations contained in the Complaint relate to Subject’s conduct
as a public officer and have associated implications under the Ethics Law.
On October 9, 2023, the Commission instructed the Executive Director to

investigate the alleged violations of NRS 281A.400(1) from the Complaint and to add NRS
281A.400(8) and (10) to the scope of the investigation. The Commission determined there
was insufficient evidence to proceed on NRS 281A.400(2), (3), (4), and (5).
The Commission was precluded by Hardy and by NRS 281A.420(7) from

investigating or otherwise taking action in relation to Subject’s vote to fund her then-future
employer.
III. Panel Determination Following Review of the Investigation

From October 9, 2023 to February 7, 2024, the Executive Director investigated the
matter including witness interviews and document reviews.
On February 14, 2024, a Review Panel consisting of Commissioner Amanda Yen,

Esq. (Presiding Officer), Vice Chair Thoran Towler, Esq. and Commissioner John Moran,
Esq. considered the following: (1) Ethics Complaint; (2) Order on Jurisdiction and
Investigation and Notice of Additional Facts and Issues; and (3) Executive Director’s
Recommendation to the Review Panel with Summary of Investigatory Findings and
Relevant Evidentiary Exhibits.1
Under NAC 281A.430, the Panel unanimously finds and concludes that the facts
do not establish credible evidence to support a determination that just and sufficient cause
exists for the Commission to render an opinion in the matter regarding the alleged
violations of NRS 281A.400(1), (8) and (10).
Specifically, the Panel determines that the Executive Director’s investigation found
no evidence that:
A. The specific circumstances of Subject’s acceptance of employment with The

Arc of Nevada would tend to improperly influence a reasonable person in her
position to depart from the faithful and impartial discharge of her public duties;
B. Subject used governmental time, property, equipment, or other facility to obtain

private employment; or
C. Subject sought employment through the use of her official position.
///
///
1 1
All
materials provided to the Review Panel, except the Ethics Complaint and the Order on Jurisdiction
and Investigation, represent portions of the investigatory file and remain confidential pursuant to NRS
281A.750.

Case No. 23-114C
Page 3 of 5
The allegations regarding NRS 281A.400(1), (8) and (10) against Subject are
therefore dismissed.
Dated this 14th day of February, 2024.
REVIEW PANEL OF THE NEVADA COMMISSION ON ETHICS
By: /s/ Amanda Yen By: /s/ Absent___

Amanda, Esq. John T. Moran, III, Esq.
Commissioner/Presiding Officer Commissioner
By: /s/ Thoran Towler____

Thoran Towler, Esq.
Vice Chair

Case No. 23-114C
Page 4 of 5
CERTIFICATE OF SERVICE
I certify that I am an employee of the Nevada Commission on Ethics and that on

this day in Carson City, Nevada, I transmitted a true and correct copy of the foregoing
REVIEW PANEL DETERMINATION via USPS and electronic mail to the Subject
addressed as follows:
Ross E. Armstrong, Esq. Email: [email protected]

Executive Director
Elizabeth J. Bassett, Esq. Email: [email protected]
Nevada Commission on Ethics
704 W. Nye Lane, Suite 204
Carson City, NV 89703
Michelle Gorelow Email: [email protected]

c/o Bradley Schrager, Esq.
BRAVO SCHRAGER LLP Certified Mail No.: 9489009000276499197760
6675 South Tenaya, Suite 200
Las Vegas, Nevada 89113
/s/ Wendy Pfaff

Dated: February 14, 2024
Employee, Nevada Commission on Ethics

Case No. 23-114C
Page 5 of 5

In Re Gorelow, Panel Determination 23-114C

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STATE OF NEVADA

BEFORE THE NEVADA COMMISSION ON ETHICS

In re Michelle Gorelow, Assemblymember, Ethics Complaint

REVIEW PANEL DETERMINATION

I. Limits on the Commission’s Ability to Investigate Legislator Conduct

A. The Nevada Commission on Ethics is an agency of the Executive

B. The Legislature may not delegate disciplinary authority for “disorderly

C. Voting on measures in the Legislature is a core legislative function and

Review Panel Determination

Review Panel Determination

The Commission determined Subject is a public officer as defined in NRS

On October 9, 2023, the Commission instructed the Executive Director to

The Commission was precluded by Hardy and by NRS 281A.420(7) from

III. Panel Determination Following Review of the Investigation

On February 14, 2024, a Review Panel consisting of Commissioner Amanda Yen,

A. The specific circumstances of Subject’s acceptance of employment with The

B. Subject used governmental time, property, equipment, or other facility to obtain

C. Subject sought employment through the use of her official position.

Review Panel Determination

Dated this 14th day of February, 2024.

REVIEW PANEL OF THE NEVADA COMMISSION ON ETHICS

By: /s/ Amanda Yen By: /s/ Absent___

By: /s/ Thoran Towler____

Review Panel Determination

I certify that I am an employee of the Nevada Commission on Ethics and that on

Ross E. Armstrong, Esq. Email: [email protected]

Michelle Gorelow Email: [email protected]

/s/ Wendy Pfaff

Review Panel Determination

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