Embattled City Councilman Michael McDonald will be able to argue within the next 20 days for his future on the council.
As promised, an attorney for the city of Las Vegas' Ethics Review Board filed a complaint with Clark County District Court Monday asking for McDonald's removal.
According to the complaint, filed late Monday by Frank Cremen, McDonald violated city code by trying to persuade officials to purchase the Las Vegas Sportspark last February.
At the time, McDonald's boss at Las Vegas Color Graphics, Larry Scheffler, was a 6 percent owner of the Sportspark as well as a creditor.
Cremen alleges in the complaint that despite being told by City Manager Virginia Valentine and the city attorney that his actions were inappropriate, McDonald continued to lobby city officials, including Mayor Oscar Goodman, for a deal.
The complaint adds that in August city officials obtained copies of a partially executed document that was entitled "Agreement for Sale." The document was signed by Scheffler and Linda Fernandez, two of the three owners of the Sportspark, and discussed the sale of the Sportspark for a price of between $7.9 million and $8.7 million to the city of Las Vegas.
The agreement also stated Bert Cirinclone, a friend of Scheffler, would receive a brokerage fee of more than $1.7 million, the complaint states.
McDonald's attorney, Richard Wright, said this morning that he had yet to see the complaint and declined to comment.
According to the complaint, McDonald is guilty of malpractice and/or malfeasance.
It goes on to say that "by promoting and otherwise advocating the expenditure of city funds for the benefit of Larry Scheffler and Linda Fernandez, (McDonald) was advancing the interests of his employer and acquaintance as opposed to the interest of the city of Las Vegas."
McDonald also violated the city code, the complaint says, because it prohibits public officers from granting "any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen."
The Ethics Review Board determined in November that McDonald violated city ethics laws in the Sportspark issue. It also decided that McDonald broke the law when he worked behind the scenes to try to stop political consultant Sig Rogich from getting a tavern license.
One month later the board voted unanimously to allow Cremen to file a complaint asking for the removal of McDonald from the City Council. Cremen, however, said he didn't believe he had enough evidence to prove beyond a reasonable doubt that McDonald worked against Rogich. As a result, Cremen decided to focus on the Sportspark issue.
District Judge Mark Gibbons has been assigned to the case. According to the complaint, a hearing must be held within 20 days to hear evidence from both parties as to whether the allegations can be sustained.
A hearing date had not been scheduled as of this morning.
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