Antinoro Documents

STATE OF NEVADA
BEFORE THE NEVADA COMMISSION ON ETHICS
In re Gerald Antinoro, Sheriff, Ethics Complaint

Storey County, State of Nevada, Case No. 18-031 C
Confidential
Subject. I
ORDER ON JURISDICTION AND INVESTIGATION

Pursuant to NRS 281A.715
The Nevada Commission on Ethics ("Commission") received an Ethics Complaint

on May 30, 2018, regarding Subject Gerald Antinoro ("Subject"), Sheriff of Storey County,
State of Nevada. On July 16. 2018, pursuant to the requirements of the Nevada Ethics in
Government Law set forth in NRS Chapter 281 A ("Ethics Law") and NAG 281 A.400 , the
Commission conducted its jurisdictional and evidentiary review of the record including the
Ethics Complaint, supporting evidence and the recommendation of the Executive
Director.
IT IS HEREBY ORDERED:
The Commission accepts jurisdiction of this Ethics Complaint and directs the
Executive Director to conduct an investigation regarding Subject's alleged violations of
the following provisions of the Ethics Law: 1
NRS 281A.400(2) Using his public position to secure or grant

unwarranted privileges, preferences or advantages to
benefit himself, any business entity in which he has a
significant pecuniary interest, or any person to whom
he has a commitment in a private capacity.
NRS 281A.400(7) Using governmental time, property or equipment or

other facility to benefit his significant personal or
pecuniary interest.
The Commission directs the Executive Director to serve this order with a Notice of
Complaint and Investigation as required by NRS 281A.720.
DATED this 161h day of July, 2018.
NEVADA COMMISSION ON ETHICS
Isl Cheryl A. Lau

Cheryl A. Lau, Esq.
Commission Chair
1
NRS 281A.71 0(2) requires an ethics complaint be submitted with sufficient evidence to support the
allegations and that term is defined by NAC 281A.400{6).
Order on Jurisdiction and Investigation

Page 1 of 2
CERTIFICATE OF MAILING
I certify that I am an employee of the Nevada Commission on Ethics and that on

this day in Carson City, Nevada, I deposited for mailing, via U.S. Postal Service, certified
mail, return receipt requested , through the State of Nevada mailroom, a true and correct
copy of the foregoing Order on Jurisdiction and Investigation, addressed as follows:
Gerald Antinoro Cert. Mail No.: 9171 9690 0935 0037 6397 68
Sheriff
Storey County
P.O. Box 176
Virginia City, NV 89440
Dated: 7/16/18

Page 2 of 2
Nevada Com.mission on Ethics
Case No. - - -

ETHICS COMPLAINT
Sec. 3 6 to 13. inclusive. of S.B. 84 (2017)
1. Provide the following information for the public officer or employee you allege violated the Nevada Ethics in
Government Law, NRS Chapter 281A. (If you allege that more than one public officer or employee has
violated the law, use a separate form for each Individual.)
TITLE OF PUBLIC
NAME:
Vtast, First) Gerald Antinoro OFFICE:
(Position) Sheriff
PUBLIC ENTITY:
(Name ofthe entity emplo)1ng
this position)
Storey County
ADDRESS: CITY, STATE,
205 S. C Street, P.O. Box 498 ZIP CODE Virginia City, NV 89440
Work: lOther. (Home. eel)
TELEPHONE: 775.847.0959 E-MAIL: gantinoro@storeycounty.org
2. Describe in specific detail the public officer's or employee's conduct that you allege violated NRS Chapter
281A. (Incl ude specific facts and circumstances to support your allegation: times, places, and the name
and position of each person involved.)
Check here I./Iif additional pages are attached.
To benefit his personal 2018 reelection campaign, Sheriff Antinoro uses his uniform and badge. His uniform and
badge appear on full size billboards on at least 14 locations identified in the attached page. A photograph of a
representative billboard is attached. He uses his uniform and badge on photographs of his reelection website
located athttp://www.antinoroforsheriff.com, as shown in the attached printout of his home page. He uses his
uniform and badge in campaign flyers posted on his Facebook page, as shown in the attached printout.
Consistent with RFO 14-61 C (Kuzanek), Sheriff Antinoro uses the physical accouterments of his office and position
to bolster his own campaign by displaying himself in his Storey County Sheriff's full dress uniform. Such use of the
Storey County Sheriff uniform and badge acts as a visual endorsement, affirmation and sanction of his personal
reelection campaign for Sheriff and provides an unfair advantage to him at government cost. This is the type of
harm to the public that the Ethics Law is designed to prohibit. This is a use of his official position to secure
unwarranted advantages tor his personal election over political opponents in violation of NRS 281 A.400(2) and a
use of governmental property to benefit his personal interest in being reelected in violation of NRS 281 A.400(7).
3. Is the alleged conduct the subject of any action or matter currently pending before another administrative or judicial
body? If yes, describe:
No
Ethics Complaint
Page 1 of4
4. NRS Chapter 281A requires public officers and employees to hold public office as a public trust and avoid conflicts
between public duties and private interests. (NRS 281A020) What provisions of NRS Chapter 281A are relevant
to the conduct alleged? Please check all that apply.
Statute Statutory Summary:

Seeking or accepting any gift, service, favor, employment. engagement. emolument or economic opportunity for himself or person
D NRS281A.400(1 )
to whom he has a commitment in a private capae1ty vtiich would tend improperly to innuence a reasonable person in his position
to depart from the faithful and impartial discharge of his public duties.
°'
Using his position in government to secure grant unwarranted privileges, preferences. exempbons or advantages for himself,
[{] NRS 281A.400(2) any business entity in v.ttich he has a significant pecuniary interest, or any person to vtiom he has a commitment in a pnvate
ca~ci_ty.
Participating as an agent of government in the negotiation or execution of a contract between the government and himself, and
D NRS 281A.400(3) any business entity in >Mlich he has a significant pecuniary interest or any person to whom he has a commitment In a private
ca~tTh'.
Accepting any salary, retainer, augmentation. expense allowance or other compensation from any private source for himself or
D NRS281A.400(4) any person to whom he has a commitment in a private capacity for the performance of his duties as a public officer or
em.Ql__O}'t!e.
D NRS281A400(5)
Acquiring, tnrough his pubhc duties or relabonsh1ps. any infonnabon which by law or practice 1s not at the time available
to people generally, and using the infonnation to further the pecuniary interests of himself or any other person or business entity
D NRS 281A400(6)
Suppressing any governmental report or other document because i1 might tend to affect unfavorably his pecuniary interests,
or any person to whom he has a commitment in a pnvale capacity.
Using governmental lime, property, equipment or other facility to benefit his significant personal or financial interest. or any
[{] NRS 281 A.400(7) person to whom he has a commitment tn a private capacity. (Some exceptions apply).
A State Legislator using governmental time, property, equipment or other facility for a nongovernmental purpose or for the private
D NRS281A400(8) benefit of himself or any other person, or requinng or authorizing a legislatrve employee, v.ttile on duty, to perform personal services
or assist in a pnvate aclJVlty (Some excepbons apply)
D NRS 281A.400(9) Attempting to benefit his personal or financial interest or any person to whom he has a commitment in a private capacity through
the influence of a subordinate.
D NRS 281A.400(10)
Seeking other employment or contracts for himself or any person to whom he has a commitment in a private capacity through the
use of his official position
Represenbng or counseling a private person for compensation on an issue pending before a public agency white employed, or
within 1 year after leaving the service of a public agency. including before any state agency of the Executive or Legislative
D NRS281A.410 Department (State and local legislators and part-time public officers and employees may represenVcounsel pnvate persons before
agencies they do not serve, except local legislators may not represenVcounsel pnvate persons before other local agencies within
the same couf!!Yl
D NRS 281A.420(1 )
Failing to sufficiently disclose hlS accep1ance of a gift or loan, pecuniary Interest, or commitment in a pnvate capacity to the interest
of another person that is reasonably affected by an official matter.
D NRS 281A.420(3) Failing to abstain from acting on an offie1al matter which is matenally affected by his acceptance of a gift or loan, pecuniary interest,
or commitment 1n a pnvate capacity lo the interest of another person.
D NRS 281 A .430 Negotiating, bidding on or entenng into a government contract 1n which he has a significant pecuniary interest (some exceptions
apply).
D NRS 281A.500 Failing to file or bmely file a Nevada Acknowledgement of Ethical S1andards for Public Officers form
D NRS281A.510 Accepting or receiving an improper honorarium.
Requesting or otherwise causing a governmental entity to incur an expense or make an expenditure to support or oppose a ballot
D NRS281A520 question or candidate dumg the relevant bmeframe.
D NRS 281A.550 Negobating or accepting employment from a business or industry regulated by or contracted with former public agency within one
year after leaving the service of the agency. (Failing to honor the applicable "cooling otr period after leaviog~bllc service).
·Pursuant to NRS 281A.065. a public officer or employee has a commitment in a private capacity to the following persons:
1. Spouse: domestic partner
2. Household member
3. Family member within 3'0 degree of consanguinity
4. Employer or spouse's/domestic partner's employer
5. Substantial and continuing business relationship, i.e. partner or associate
6. Substantially similar relationships
Ethics Complaint
Page 2 of 4
5. YOU MUST SUBMIT EVIDENCE TO SUPPORT YOUR ALLEGATIONS.
Attach all documents or items you believe support your allegations. NAC 281A.400(6) defines "evidence which supports the
allegation" as "any reliable and competent form of proof provided by witnesses, public and private records, audio or visual
recordings, documents, exhibits, concrete objects, and such forms of proof that support a reasonable belief In the truth of the
allegation." A newspaper article or other media report will not support your allegations if it is offered by itself, but may be Included
with evidence that corroborates the article or report.
State the total number of additional pages attached (including evidence) _ _6_ _
6. Witnesses: Identify all persons who have knowledge of the facts and circumstances you have described, as
well as the nature of the testimony the person will provide. Check here if additional pages are attached.
NAME and TITLE:
Person#1} Gerald Antinoro
ADDRESS: 205 S. C Street, P.O. Box 498 CITY, STATE, ZIP Virginia City, NV 89440
tfELEPHONE: Work:
775.847.0959
rher: (Home, cell)
E-MAIL: gantinoro@storeycounty.org
Sheriff Antinoro can confirm his use of uniform and badge on campaign billboards,
website and flyers posted on Facebook page, and his campaign manager (currently
NATURE OF unknown) can confirm the same.
trESTIMONY:
!NAME and TITLE:

Person #2J_ Kris Thompson
~DD RESS: 505 USA Parkway CITY, STATE, ZIP Sparks, NV 89434
trELEPHONE:
Work: lOther: (Home, cell) E-MAIL: kpthompson2011@yahoo.com
775.685.4, 95
Can confirm campaign materials where the uniform and badge are used.
NATURE OF
!TESTIMONY:
' .
... . Ethics Complaint
Page3of4
7. REQUESTER INFORMATION:
YOUR NAME: Kris Thompson

YOUR
ADDRESS: 505 USA Parkway CITY, STATE, ZIP: Sparks, NV 89434
YOUR Day: Evening: E-MAIL:
TELEPHONE: 775.685.4195 775.685.4195 kpthompson2011@yahoo.com
*NOTE• : Your Identity as the Requester and a copy of this Complaint will be provided to the Subject if the
Commission accepts jurisdiction of the matter, unless:
Pursuant to Sec. 8 of S.S. 84, I request that my identity as the requester of this Ethics Complaint remain
confidential because (please check appropriate box):
DI am a public officer or employee who works for the same public body, agency or employer as
the subject of this Ethics Complaint. Provide evidence of your employment with ttle same public body,
agency or employer.
OR
DI can show a reasonable likelihood that disclosure of my identity will subject me or a member
of my household to a bona fide threat of physical force or violence. Please describe the facts and
circumstances which support a reasonable Jikellhood of a bona fide threat of physical force or violence
below.
The Commission may decline to maintain the confidentiality of your identity as the Requester for lack of
sufficient evidence of your employment status with the same public body, agency or emproyer, or proof of a
bonafide threat of physical harm.
If the Commission declines to maintain my confidentiality, I wish to:
D Withdraw my Complaint OR
D Submit the Complaint understanding that the Subject will know my identity as the Requester.
By my signature below, I affirm that the facts set forth in this document and all of its attachments are
true and correct to the best of my knowledge and beljef. I am willing to provide sworn testimony
regarding these allegations. I acknowledge that this Ethics Complaint, the materials submitted in support
of the allegations, and the Commission's investigation are confidential unless and until the Commission's
Review Panel renders a determination. The Commission's Investigatory File remains confidential pursuant to
Sec. 9 .B. 84.
May 29, 2018

?i Date:
Kris Thompson
Print Name:
You myst sybmlt tbjs form bearing voyr sjgnatµre to:
Executive Director
Nevada Commission on Ethics
704 W. Nye Lane, Suite 204
Carson City, Nevada 89703
Or through the Commission's website: ~ t.:thtcs.nv gov
Ethics Complaint
Page4 of4
May 22, 2018
Gera Id Antinoro signs showing his photo.
2571 Cartwright Road
Highway 341 between Lousetown and Cartwright
Entrance to Virginia City
Sugarloaf Mountain Motel
Fence by Occidental grade
Fence B Street back of Silver Stope
House in Gold Hill near the hotel
Attached to " Cabin in the Sky" sign 2 signs looking both ways
Toward the bottom of 6 mile canyon at 3260 Six mile Canyon
517 Sam Clemens - Fence - Mark Twain estates
314 Martin - Mark Twain estates
Entra nee to Lockwood at the bottom of the ramp
Corner by the school yard heading down to Ave Bleu de Clair- Lockwood
Avenue de Colours corner heading out of Lockwood - Lockwood

5/21/2018 Welcome to Antinoro For Sheriff
http://www.antinoroforsheriff.com/ 212
5/25/2018 Gerald Antinoro
G Friends 865
?.
$'* what yo. have 1:-i
common wit~ Gerald~ Viev
fneno~
Lynn Bawden Good luck Jerry

English IU£1 f 1.. llk Re
rr nc.; F
Sam Dehne Sheriff! Next ume you are in Reno give me a call Coffee
Pnvac) Tenn~ Advert1S1ng Ad Choices Co:>l.oes
544-1912. PS I am stlll challenging the Storey county/TRIG poaching of
More Reno elections And cena1nly telling everybody to vote for you and Jay
over there in Storey But I'm not poaching with abzens' tax dollars like
those TRIG people . I do It the old fashioned way With my Voice. and
Youtube. And window stickers
Like Reply •
,\I Wnte a comment
Chat (10)
https://www.facebook.com/antinoroforsheriff?lst=1200033732%3A 100001132082939%3A1527269971 217

STATE OF NEVADA

Storey County, State of Nevada, Case No. 18-052C
Confidential
Subject. I

The Nevada Commission on Ethics ("Commission") received an Ethics Complaint

on July 30, 2018, regarding Subject Gerald Antinoro ("Subject"), Storey County Sheriff,
State of Nevada. On September 12, 2018, pursuant to the requirements of the Nevada
Ethics in Government Law set forth in NRS Chapter 281A ("Ethics Law") and NAC
281A.405(3), the Commission conducted its jurisdictional and evidentiary review of the
record including the Ethics Complaint, supporting evidence and the recommendation of
the Executive Director. 1
IT IS HEREBY ORDERED:
The Commission accepts jurisdiction of this Ethics Complaint and directs the
Executive Director to conduct an investigation regarding Subject's alleged violations of
the following provisions of the Ethics Law:
NRS 281 A.400(1) Seeking or accepting any gift, service, favor.

employment, engagement, emolument or economic
opportunity for himself or a person to whom he has a
commitment in a private capacity which wou ld tend
improperly to influence a reasonable person in his
position to depart from the faithful and impartial
discharge of his public duties.
NRS 281 A.400(2) Using his public position to secure or grant

unwarranted privileges, preferences or advantages to
benefit himself, any business entity in which he has a
significant pecuniary interest, or any person to whom
he has a commitment in a private capacity.
NRS 281 A.400(7) Using governmental time, property, equipment or other

facility to benefit his significant personal or financial
interest, or any person to whom he has a commitment
in a private capacity.
1 NRS 281A.710(2) requires an ethics complaint be submitted with sufficient evidence to support the
allegations as that term is defined in Section 11 of Approved Regulation of the Commission on Ethics, LCB
File No. R108-18, effective August 30, 2018.

Page 1 of 3
NRS 281A.520 Requesting or otherwise causing a governmental entity
to incur an expense or make an expenditure to support
or oppose a ballot question or candidate during the
relevant timeframe.
The Commission directs the Executive Director to serve this order with a Notice
of Complaint and Investigation as required by NRS 281A.720.
DATED this 121h day of September, 2018.
Isl Cheryl A. Lau

Cheryl A. Lau, Esq.
Commission Chair

Page 2 of 3
I certify that I am an employee of the Nevada Commission on Ethics and that on

this day in Carson City, Nevada, I deposited for mailing, via U.S. Postal Service, certified
mail, return receipt requested , through the State of Nevada mailroom, a true and correct
copy of the foregoing Order on Jurisdiction and Investigation, addressed as follows:
Gerald Antinoro Cert. Mail No. : 9171 9690 0935 0037 6399 11
Sheriff
Storey County
P.O. Box 176
Dated: 9/12/18
-~~~~--
Employee, Nevada C-ommission on Ethics

Page 3 of 3
-Nevada Commission on Ethics
Case No. - - -
, 111 <>111.. I l .~ Clnh

ETHICS COMPLAINT
Sec. 3.6 to 13 1 inclusive, of S.B. 84 (2017)
Government Law, NRS Chapter 281 A. (If you allege that more than one public officer or employee has
violated the law, use a separate form for each individual.)
TITLE OF PUBLIC
NAME:
litast, First) Gerald Antinoro OFFICE:
(Position)
Sheriff
PUBLIC ENTITY:
(Name of the entity employing
this position)
Storey County
ADDRESS: CITY, STATE,
205 S. C Street. PO Box 498 ZIP CODE Virginia City, NV 89440
jWortc lOther: (Home. cell)
281 A. (Include specific facts and circumstances to support your allegation: times, places, and the name
Check here I./ Iif additional pages are attached.
See additional pages describing:
1. Use of position as Sheriff tor radio show (entitled "Sheriff Jerry and Friends") to benefit personal
campaign.
2. Use of position as Sheriff on radio show to benefit own pecuniary interest by asking for and obtaining
show sponsors.
3. Use of position as Sheriff on radio show to reward friends and political donors.
4. Use of badge, belt, holster and gun at the Memorial Day parade to benefit personal campaign.
5. Use of badge, belt. holster and gun, during three debates with me, to benefit personal campaign.
3. ls the alleged conduct the subject of any action or matter currently pending before another administrative or judicial
No
Ethics Complaint
Page 1of4
between public duties and private interests. (NRS 281A.020) What provisions of NRS Chapter 281A are relevant

Seeking or accepting any gift, service, favor. employment engagement, emolument or economic opportunity for himself or person
[Z] NRS281A400(1}
to whom he has a commitment in a private capacity which would tend improper1y to influence a reasonable person in his position
to depart from the faithful and impartial discharge of his public duties.
Using his poslbon in government to secure or grant unwarranted privileges. preferences, exemptions or advantages for himself,
[Z] NRS 281 A.400(2)
any business entity in Yttlich he has a significant pecuniary interes~ or any person to YAlom he has a commitment in a private
ca~ciJY:
Participating as an agent of government in the negobalion or execution of a contract between the government and himself, and
D NRS281A.400(3) any business entity in Yttlich he has a significant pecuniary interest or any person to whom he has a commitment in a private
ca~city.
Accepting any salary, retainer. augmentation, expense allowance or other compensation from any private source for himself or
D NRS281A.400(4) any person to whom he has a commitment in a private capacity for the performance of his duties as a public officer or
e~~ee.
Acquiring. through his public duties or relabonships, any information which by law or pracbce is not at the lime available
D NRS 281A400(5) to people generally, and using the informabon to further the pecuniary interests of himself or any other person or business entity.
Suppressing any governmental report or other document because it might tend to affect unfavorably his pecuniary interests,
D NRS 281 A.400(6) or any person to YAlom he has a commitment in a private capacity.
[Z] NRS 281A.400(7)

Using governmental time, property, equipment or other facility lo benefit his significant personal or financial interest, or any
person to whom he has a commitment in a private capacity (Some exceptions apply).
A State Legislator using governmental lime. property, equipment or other facility for a nongovernmental purpose or for the private
D NRS 281A.400(8) benefit of himself or any other person or requiring or authorizing a legislabve employee, while on duty, to perform personal services
or assist in a private activity (Some exceptions apply).
D NRS 281A.400(9)
Attempbng to benefit his personal or finaooal interest or any person lo whom he has a commitment in a private capacity through
the influence of a subordinate.
D NRS 281A.400(10)
Seeking other employment or contracts for himself or any person to whom he has a commitment in a private capacjty through the
use of his official position.
Representing or counseling a private person for compensation on an issue pending before a public agency while employed, or
within 1 year after leaving the service of a public agency, including before any state agency of the Executive or Legislative
D NRS281A410 Department. (State and local legislators and part-time pub~c officers and employees may represenUcounsel private persons before
agencies they do not serve, except local legislators may not represenUcounsel pnvate persons before other local agencies within
the same couQ!tl
D NRS281A.420(1 )
Failing to sufficienUy disclose his acceptance of a gift or loan, pecuniary interest, or commitment in a private capacity to the interest
of another person that 1s reasonably affected by an official matter
D NRS 281A.420(3) Falling to abstain from acting on an official matter v.tlich is materially affected by his acceptance of a gift or loan, pecuniary interest,
or commitment in a private capacity to the interest of another person
D NRS 281A.430
Negotiating, bidding on or entenng into a government contract in which he has a significant pecuniary interest. (some exceptions
apply)
D NRS281A500 Failing to file or timely file a Nevada Acknowledgement of Ethical Standards for Pubhc Officers form
D NRS281A510 Accepting or receiving an improper honoranum.
Requesting or otherw1se causing a governmental entity to incur an expense or make an expendrture to support or oppose a ballot
D NRS 281A.520 question or candidate during the relevant timeframe.
D NRS 281A.550
Negobaling or accepting employment from a business or industry regulated by or contracted with former public agency within one
year after leaving the service of the agency. (Failing to honor the applicable 'cooling otr period after leaving public service).
*Pursuant to NRS 281A.065, a public officer or employee has a commitment in a private capacity to the following persons:
1. Spouse; domestic partner
2. Household member
3. Family member within 3rcs degree of consanguinity
5. Substantial and continuing business relationship, i.e. partner or associate
Ethics Complaint
Page2of4
Attach all documents or items you believe support your allegations. NAC 281A.400(6) defines "evidence which supports the
allegation• as "any reliable and competent form of proof provided by witnesses, public and private records, audio or visual
recordings, documents, exhibits, concrete objects, and such forms of proof that support a reasonable belief in the truth of the
allegation." A newspaper article or other media report will not support your allegations if it is offered by itself, but may be included
State the total number of additional pages attached (Including evidence) 3 + CD .
6. Witnesses: Identify all persons who have knowledge of the facts and circumstances you have described, ~
~AME and TITLE:

Person #1J_ Mike Cullen
ADDRESS: 1455 Main St. #B CITY, STATE, ZIP Gold Hill, NV 89440
trELEPHONE:
fWork: 10th•r: (Home, cell)
775.230.8447 E-MAIL: mcullen66@live.com
I am a Patrol Sergeant for the Carson City Sheriff who ran for Storey County Sheriff against Antinoro.
I made the conscious decision not to wear my uniform and badge at three campaign debates against
!NATURE OF Antinoro based on advice I received about ethics. By contrast, Antinoro wore his badge, belt, holster
t'rESTIMONY: and gun at the following debates with me: (1) May 24, 2018 at Piper's Opera House, Virginia City,
NV; (20 May 29, 2018 at Rainbow Bend, Lockwood, NV; (3) June 5, 2018 on Antinoro's live radio
show, "Sheriff Jerry and Friends,• on June 5, 201 Bat the radio studio, Reno Town Mall, Reno, NV
from 9 a.m. to 10 a.m. He also wore his badge, belt, holster and gun at the Memorial Day Parade on
May 28, 2018 In a patrol car at the front of the parade and then a separate campaign float at the back
of the parade. The use of his badge, belt,, holster and gun provided a tremendous advantage to him
during the campaign.
Matthew Wiiiette can corroborate my testimony. His contact info. is 2248 Meridian Blvd, Ste C.,
Minden, NV 89423, 775.781.8078, MattJWillette@GMAIL.com
NAME and TITLE:

Person #2J_ Eddie Floyd, Chief Operating Officer, America Matters Media
!ADDRESS: 4001 S. Virginia Street CITY, STATE, ZIP Reno, NV 89502
rt°ELEPHONE:
Work: lOther: (Home, cell) E-MAIL: eddie@americamatters.us
775.384.4444
Mr. Floyd is believed to have knowledge of how Antinoro developed his radio show, "Sheriff Jerry
and Friends,• including the financial plan for covering expenses and sponsorship strategies with
his supporters and friends. He can confirm that Antinoro conducted the live radio show on the
NATURE OF
following dates:
trESTIMONY:
Tuesday May 22, 2018 from 9 a.m. to 10 a.m.
Tuesday May 29, 2018 from 9 a.m. to 1O a.m.
Tuesday June 5, 201 B from 9 a.m. to 1O a.m.
Tuesday June 12, 2018 from 9 a.m. to 10 a .m. (election day)
Tuesday June 19, 2018 from 9 a.m. to 10 a .m.
Thursday June 28, 2018 from 1 p.m. to 2 p .m.
Thursday July 5, 201 ,9 from 1 p.m. to 2 p.m.
Thursday July 12, 2018 from 1 p.m. to 2 p.m.
Thursday July 19, 2018 from 1 p.m. to 2 p.m.
The podcasts of the ~sheriff Jerry and Friends" show are currently downloadable online at:
ftp://shows.americamatters.us/Show/Sheriff%20Jerry
R?•·Sed 0?';:2'17 ;;;; Ethics Complaint

l.' ·.: .>::. :-.~·,:. :1.''I::,\ ; :.:i~
Page3of4 ,.
YOUR NAME: Mike Cullen

YOUR
ADDRESS : 1455 Main St. #8 CITY, STATE, ZIP: Gold Hill, NV 89440
YOUR Day: Evening: E-MAIL:
TELEPHONE: 775.230.8447 775.230.8447 mcullen66@live.com
•NOTP: Your identity as the Requester and a copy of this Complaint will be provided to the Subject if the
Pursuant to Sec. 8 of S.B. 84, I request that my identity as the requester of this Ethics Complaint remain
DI am a public officer or em1?loyee who works for the same public body, agency or employer as
the subject of this Ethics Complaint. Provide evidence of your employment with ttie same public body,
agency or employer.
OR
DI can show a reasonable likelihood that disclosure of my identity will subject me or a member
of my household to a bona fide threat of physical force or v iolence. Please describe the facts and
circumstances which support a reasonable nkellhood of a bona fide threat of physical force or violence
below.
The Commission may decline to maintain the confidentiality of your identity as the Requester for lack of
sufficient evidence of your employment status with the same public body, agency or emproyer, or proof of a
If the Commission declines to maintain my confidentiality, I wish to:
D Submit the Complaint understanding that the Subject will know my identity as the Requester.
true and correct to the best of my knowledge and beliet I am willing to provide sworn testimony
regarding these allegations. I acknowledge that this Ethics Complaint, the materials submitted In support
Review Panel renders a determination. The Commission's Investigatory File remains confidential pursuant to
Sec. 9 f S.B. 84:
July 26, 2018

Signature: Date:
Mike Cullen
Print Name:
You must sybmjt tbjs form bearing yoyr sjqnature to·
Executive Director
Or through the Commission's website: '!!_.:! tlucs nv gov
Ethics Complaint
Page4 of 4
REQUEST FOR OPINION SUPPLEMENT
1. Gerald Antinoro used his position as Sheriff on his radio show, entitled
11
Sheriff Jerry and Friends," to benefit his personal campaign.
During his campaign against me, Gerald Antinoro developed and hosted a live
radio show on 1180 AM during the 9 a.m. to 10 a.m. Tuesday time slot entitled, "Sheriff
Jerry and Friends. " The shows are now podcasts and can be heard online on the America
Matters media website at ftp://shows.americamatters.us/Show/Sheriff%20Jerrv. In each
show, he introduced himself as the Sheriff of Storey County. The very title itself, "Sheriff
Jerry and Friends," proves that he was acting in his official capacity in hosting the radio
show.
The primary election between Antinoro and me was Tuesday, June 12, 2018.
Antinoro's first radio show was broadcasted Tuesday, May 22, 2018, and then he
broadcasted his show each successive Tuesday on May 29, June 5, and June 12, 2018,
the day of the election. In each of these shows leading up to the primary election, he
identified himself as the Sheriff and discussed the upcoming election through guests and
friends. In the May 29, 2018 show, he discussed issues in response to my debate with
him on May 24, 2018, and asked one of his guests, Eureka County Sheriff Keith Logan,
questions concerning debate issues to draw support. He discussed the following issues
debated on May 24:
1. Staffing of deputy sheriffs (before the first break)
2. Use of K9 dogs on force (before the second br1eak)
3. Budgeting (before the third break)
In his live June 5, 2018 show, he asked his guest, Dave Gregory, to moderate a
live debate between him and me. It was my day off and I came to the studio to participate
in the debate. Sheriff Antinoro wore his badge, belt, holster and gun in the studio and did
not mention whether he took the day off.
His live June 12, 2018 show began 9 a.m. on the day of the primary election. I
was not invited as a guest. He spent the entire time on the show with his guests talking
about the election, mudslinging and detractors. Toward the end of the show, guest
Andrew Poe said, "there's a real clear choice" and the voters will carry him to victory.
By using his official position as Sheriff to benefit his personal campaign against me
in the live radio shows every Tuesday before the election, Antinoro violated the code of
ethics.
2. Gerald Antinoro used his position as Sheriff for his own pecuniary benefit
by asking for sponsors to offset costs for his show.
The America Matters Media website discusses how to develop a radio show:
http://americamatters.us/growvourbusiness/show-development/. The website suggests a
business model in which the radio host pays costs and expenses for the show, develops
a financial plan for covering expenses and creates sponsorship strategies "to eliminate
1
personal costs." This suggests that without sponsors, the radio host is personally
responsible for the costs of the show. During the shows, Antinoro directly asked the
listeners to sponsor his show. It is unclear whether Antinoro asked for sponsors to assist
him in paying for his air time directly, or asked sponsors to pay America Media Matters to
offset the costs that would be charged to him. In either scenario, Antinoro received a
direct pecuniary benefit from these sponsorships which were solicited in his official
capacity while using his official title. America Media Matters records may reflect how
many sponsorship dollars his show recetved to offset costs he would otherwise be
required to pay. Such use of his official position in asking and receiving sponsorships to
offset his personal expenses is a direct pecuniary benefit for him in violation of the code
of ethics.
3. Gerald Antinoro used his position as Sheriff on the "Sheriff Jerry and
Friends" radio show to reward his friends and political donors.
In his official capacity as Sheriff on his live radio show, Antinoro rewarded his show
sponsors, who are friends and/or political donors, with endorsements to support their
private businesses or interests. For example, at the beginning of the May 29, 2018 show,
he gave a big "shoutout" to a business owned by his friends, the Canvas Cafe. Antinoro's
campaign contributions and expenses report filed May 22, 2018 reflect that the Canvas
Cafe donated an in-kind contribution to Antinoro valued at $250. The Canvas Cafe is
identified as a sponsor, which suggests that it paid money to sponsor Antinoro's radio
show. In return, he promoted and endorsed a private business while in his official
capacity. Sheriff Antinoro's acceptance of the sponsorships from Canvas Cafe and other
sponsors and friends would tend improperly to influence him to depart from his faithful
duties, in violation of the code of ethics.
I believe Breck Greninger is another sponsor. She operates the Kettle Corn
business which is repeatedly mentioned in advertisements during the breaks of the radio
shows. She worked as a core member of Antinoro's campaign for office and her late
husband was a political donor in his campaign expense report filed June 6, 2014.
Attached is a CD-ROM containing an audio clip of him soliciting for new sponsors during
the live radio show, two separate clips of shoutouts to the Canvas Cafe during his radio
show, and advertisements for Breck Greninger's Kettle Corn business. By using his
official position during live radio shows to support the private businesses of his sponsors
and friends, Antinoro violated the code of ethics.
4. Gerald Antinoro used his uniform, badge, belt, holster and gun for his
personal benefit to campaign at the Memorial Day Parade.
On May 28, 2018, there was a Memorial Day parade in Virginia City. My campaign
had a float in the parade, and I made the conscious decision not to wear my uniform or
badge because of my understanding that to do so was an ethical violation. Sheriff Antinoro
wore his badge, belt, holster and gun while sitting in a patrol car driving down the front of
the parade. He then went to the back of the parade and sat on a campaign float driving
through the parade while still wearing his badge, belt, holster and gun. His use of the
badge, belt, holster and gun gave him a significant visibility advantage at the parade,
especially since he went through the parade twice. His use of government property and
2
the accoutrement of his office at the parade benefitted his reelection campaign and
violated the code of ethics.
5. Gerald Antinoro wore his badge during three campaign debates with me.
The debate between Antinoro and me during the live radio broadcast at the June
5, 2018 show was one of three debates where he wore his badge, belt, holster and gun.
The other two debates were on May 24, 2018 at Piper's Opera House in Virginia City and
May 29, 2018 at the Rainbow Bend community center in Lockwood. I deliberately
refrained from wearing my uniform and badge in each of these debates, which put me at
a major disadvantage. His use of government property and the accoutrement of his office
at these debates benefitted his reelection campaign and violated the code of ethics.
I lost the election by only 145 votes. I believe Antinoro's live radio broadcasts
campaigning in his official status while on duty and illegal use of his badge, belt, holster
and gun had a significant impact on the result. He should not be rewarded with such
ethical violations.
Mike Cullen
3
STATE OF NEVADA

Storey County. State of Nevada, Case No. 18-130C
Confidentiar
Subject./

The Nevada Commission on Ethics reommlssion") received an Ethics Complaint on

November 13, 2018 regarding Gerald Antinoro (•Subject•), the Sheriff of Storey County. On
December 31, 2018, pursuant to the requirements of the Nevada Ethics in Government Law set
forth in NRS Chapter 281A ( ..Ethics Law") and NAC 281A.405, the Commission conducted its
jurisdictional and evidentiary review of the record, Including the Ethics Complaint, supporting
evidence and the reoommendation of the Executive Director.
IT tS HEREBY ORDERED:
The Commission accepts jurisdiction of this Ethics Complaint and directs the Executive
Director to conduct an investigation regarding Subject's alleged violation of the following
provisions of the Ethics law:
NRS 281A.420(1) Failing to sufficienUy disclose his acceptance of a gift or loan,

pecuniary interest, or commitment in a private capacity to the
interest of another person that is reasonably affected by an
official matter.
NRS 281A.420(3) Failin~ to abstain from acting on an official matter which is

matenally affected by his acceptance of a gift or loan.
pecuniary interest, or commitment In a private capacity to the
The Commission directs the Executive Director to serve this order with a Notice of
Complaint and Investigation as required by NRS 281A.720.
DATED this~ day of December, 2018.
Isl Cheryt A. Lau

Page 1of2
I certify that I am an employee of the Nevada Commission on Ethics and that on this day
in Carson City, Nevada, I deposited for mailing, via U.S. Postal Service, certified mail, through
the State of Nevada mailroom, a true and correct copy of the foregoing Order on Jurisdiction
and Investigation, addressed as follows:
Gerald Antinoro Cert. Mail No.: 9171 9690 0935 0037 6376 89
Sheriff
Storey County
P.O. Box 176
Dated: __1=2;.;. ;:1.....

3 1_.11..-8_ _

Page 2of2
Nevada Commission on Ethi cs
Case No. - - -
'<Ill 011

ETHICS COMPLAINT
Ser 3 6 to 13 1nclus1ve of S B 84 (2017)
Government Law, NRS Chapter 281A. (If you allege that more than one public officer or employee has
violated the law, use a separate form for each individual.)
jTITLE OF PUBLIC
NAME:
Last. Ftrsl} Gerald Antinoro OFFICE:
(POSJllOlll
Sheriff
PUBLIC ENTITY:
(Name of the entny emp/Oying
this poStlion)
Storey County
ADDRESS : CITY, STATE,
205 S. C Street, PO Box 498 ZIP CODE Virginia City, NV 89440
Work: I Other: (Home cell)
281A. (Include specific facts and circumstances to support your a/legation: times, places, and the name
Check here Iv" Iif additional pages are attached.
See attached statement describing eight (8) ethics violations based on failures to disclose and abstain in
adm inistrative capacity of brothel regulation involving work cards of four brothel workers , and six (6)
additional ethics violations based on failures to disclose and abstain as a voting member of the brothel
licensing board involving appeals of the three of the tour brothel workers .
3. Is the alleged conduct the subject of any action or matter currently pend ing before another administrative or judicial
No
Ethics Comp/amt
Page 1of4
between public duties and private interests. (NRS 281A.020) What provisions of NRS Chapter 281A are relevant

Seeking or accepting any gift, service, favor employment, engagement emolument or economic opportunity for himself or person
D NRS 281A.400(1 )
to whom he has a comm.tment m a pnvate capacity v.t11ch would tend 1mproper1y to influence a reasonable person 1n his pos1bon
to depart from the faithful and impartial discharge of his public du\les.
Using his position in government to secure or grant unwarranted pnvileges. preferences. exemptions or advantages for himself
D NRS 281 A 400(2) any business entity in v.tiich he has a significant pecuniary interest. or any person to v.tiom he has a commitment m a pnvate
capao_ty_
Partic.pating as an agent of government in the negoliabon or execubon of a contract between the government and h1mse!f, and
D NRS 281A 400(3) any business entity in which he has a significant pecuniary interest or any person to whom he has a commitment 1n a pnvate
C~Ci!Y:
Accepbng any salary. retainer augmentation. expense allowance or other compensation from any pnvate source for himself or
D NRS281A400(4) any person lo whom he has a commitment m a private capac.ty for the perfonnance of his duties as a public officer o·
em_.e!~e
D NRS 281A 400(5)

Acqumng, through his pubhc duties or relat1onsh1ps. any mformallon which by law or practice 1s not al the lime available
lo people generally and using the informabon to further the pecuniary interests of himself or any other person or business entity
Suppressing any governmental report or other document because 11 might tend to affect unfavorably his pecuniary interests
D NRS 281A 400(6) or any person lo whom he has a commitment 1n a pnvate capacity.
D NRS 281A 400(7)

Using governmental bme property equipment or other facil ly to benefit his significant personal or financial interest or any
person lo whom he has a commitment in a pnvate capacity (Some exceplions apply)
A State Legislator using governmental hme property equipment or other facility for a nongovernmental purpose or for the pnvate
D NRS281A400(8) benefit of himself or any other person. or requinng or authonzmg a leglslaltve employee while on duty to perform personal services
or assist ma pnvate activity. (Some exceptions apply)
D NRS 281A 400(9)

Attempting to benefit his personal or financia interest or any person to whom he has a commitment m a pnvate capacity through
the influence of a subordinate
D NRS281A 400(10)
Seeking other employment or contracts for himself or any person to whom he has a cornm1tment m a pnvate capacity through the
use of his official position
Representing or counseling a pnvate person for compensation on an issue pending before a public agency while employed. or
within 1 year after leavmg the service of a pubhc agency mcludmg before any state agency of the Executive or Leg1slabve
D NRS 281A 410 Department (Slate and local legislators and parHlme public officers and employees may represenVcounsel private persons before
agenc es they do not serve except local legislators may not represenVcounsel pnvate persons before other local agencies Within
the same couf!!Yl_
[{] NRS 281A.420(1)

Failing lo sufficiently disclose his acceptance of a gift or loan. pecuniary interest or cornm1trnent in a pnvate capac1~ to the interest
of another person that 1s reasonably affected by an official matter
[{] NRS 281 A.420(3 )

Failing to aostain from acting on an official matter which 1s matenally affected by his acceptance of a gift or loan. pecuniary interest
or commitment m a pnvate capacity to the interest of another person
D NRS281A430
Negobabng, bidding on or entenng into a government contract 1n which he has a significant pecuniary interest (some exceptions
apply)
D NRS281A 500 Failing to file or bmely file a Nevada Acknowledgement or Elh1ca1 Standards for Public Officers form
D NRS281A510 Accep11ng or receiving an improper honoranum
Requesting or otherwise causing a governmental entity to incur an expense or make an expenditure to support or oppose a ballot
D NRS 281A520 quesbon or candidate dunng the relevant ltrnefrarne
D NRS 281 A.550

Negoltabng or accepting employment from a business or industry regulated by or contracted with former public agency within one
year after leaving the service of the agency (Falling to honor the appltcable 'cooling off' period after leaving public service)
•Pursuant to NRS 281A.065, a pubhc officer or employee has a commitment in a private capacity to the following persons:
1 Spouse; domestic partner
2. Household member
3 Family member with in 310 degree of consanguinity
5. Substantial and continuing business relationship. 1.e. partner or associate
Ethics Complaint
Page 2 of 4
Attach all documents or items you believe support your allegations. NAG 281A.400(6) defines "evidence which supports the
allegation" as "any reliable and competent form of proof provided by witnesses, public and private records, audio or visual
recordings, documents, exhibits, concrete objects, and such forms of proof that support a reasonable belief in the truth of the
allegation." A newspaper article or other media report will not support your allegations if it is offered by itself, but may be included
19
State the total number of additional pages attached (Including evidence) ___7__
6. Witnesses: Identify all persons who have knowledge of the facts and circumstances you have described, ~
NAME and TITLE:
l1Person #1_1 Lance Gilman
ADDRESS: 5 Wild Horse Canyon Dr. CITY, STATE, ZIP Sparks, NV 89434
Work: lOther: (Home, cell)
rreLEPHONE: 775.412.5999 E-MAIL: lance@lancegilman.com
Has knowledge of the facts regarding the following : (a) his brothel license; (b)
ownership and op·eration of the·brothel; (c) defamation lawsuit against Antinoro based
NATURE OF on false statements concerning the brothel; (d) disruption to brothel business caused
tfESTIMONY: by Antinoro's actions on employee work cards; and (e) Antinoro's failure to disclose
conflict of interest and failure to abstain during brothel licensing board meetings.
NAME and TITLE:

Person #21
Donald Gilman, Tara Adkins and Jennifer Barnes
ADDRESS: 1000 Wild Horse Canyon Dr. CITY, STATE, ZIP Sparks, NV 89434
Work: IOther: (Home, cell)
~ELEPHONE: E-MAIL: rhsu@mcllawfirm.com
Each has knowledge of the facts regarding the following: (a) operation of the brothel;
(b) processing employee work card denials, revocations and appeals; (c) disruption to
NATURE OF brothel business caused by Antinoro's actions on employee work cards; (d) Antinoro's
tJ"ESTIMONY: denials and revocations of employee work cards; (e) Antinoro's failure to disclose
conflict of interest and failure to abstain during work card appeal hearings with the
brothel licensing board meetings.
Please contact Rick Hsu to reach them, 775.827.2000, rhsu@mcllawfirm.com
Re•11se<i 0~'22 17 \'..C Eth ics Complaint

'*'·t!l!Como:rcnEtDJ>li
Psge3 of 4
YOUR NAME: Kris Thompson

YOUR
ADDRESS : 56 Wild Horse Canyon Dr. CITY, STATE, ZIP: Sparks, NV 89434
YOUR Day: tvening: E-MAIL:
TELEPHONE: 775.685.4195 kpthompson2011 @yahoo.com
*NOTE*· Your identity as the Requester and a copy of this Complaint wfll be provided to the Subject if the
Pursuant t o Sec. 8 of S .B. 84, I request that my identity as the requester of this Ethics Complaint remain
D I am a publ ic officer or employee who works for the same public body, agency or employer as
the subject of this Ethics Complaint. Provide evidence of your employment with tlie same public body,
agency or employer.
OR
D I can show a reasonable likelihood that disclosure of my identity will subject me or a member
of my household to a bona fide threat of physical force or violence. Please describe the facts and
circumstances which support a reasonable rikelihood of a bona fide threat of phys ical force or v iolence
be low.
The Commission mar declin e to maintain the confidentiality of your identity as the Requester for lack of
sufficient evidence o your employment status with the same pubfic body, agency or employer, or proof of a
If the Commission declines to maintain my confidential ity, I wish t o:
D Submit the Complaint understanding that the Subject w ill know my identity as the Requester.
true and correct to the best of my knowledge and beljef. I am willing to provide sworn testimony
regarding these allegations. I acknowledge that this Ethics Complaint, the materials submitted in support
Review Panel renders a determination. The Commission's Investigatory File remains confidential pu rsuant to
Sec. 9 of S.8': 84.
7-kJ_
<?.
November / ', 2018

Sig Date:
Kris Thompson
Print Name:
You must sybmjt thjs form bearjng yoyr sjqnatyre to:
Executive Director
Or through the Commission' s website: ,
Ethics Complaint
Page 4 of 4
STATEMENT IN SUPPORT OF ETHICS COMPLAINT
1. Background.
In 2003, Lance Gilman purchased the historic Mustang Ranch brothel buildings
and trademark from the federal government. Thereaft~r. he obtained a brothel license
from the Brothel Licensing Board of Storey County ("Brothel Licensing Board") to operate
the brothel in Storey County.1
Chapter 5.1 6 of the Storey County Code ("SCC") governs the regulation and
licensing of brothels. The Brothel Licensing Board consists of the Board of County
Commissioners and the Sheriff of Storey County. § 5.16.020. All brothel license
applications must be filed with the Sheriffs office. §§ 5.1 6.050-5.16.060. The Sheriff must
conduct a full investigation of the license application, report the investigation to the Brothel
Licensing Board, who then reviews the application for approval. § 5.16.090.
Any person seeking to work on the brothel premises is required to have a work
card . The Sheriff's office reviews, approves and issues such work cards. § 5.16.220. The
Sheriff or his designee has authority to deny or revoke the work card , and the person
whose work card has been denied may file an appeal with the Brothel Licensing Board.
Id.
Antinoro was elected Sheriff in 2010. Gilman was elected County Commissioner
in 2012. Gilman openly opposed Antinoro in his 2014 reelection campaign, which has
created a personal animus between the Sheriff and Gilman. During this campaign,
Antinoro was quoted by a blog reporter as follows:
There had been an incident at the Mustang Ranch brothel near Patrick that
we also talked about. Two sex workers were working without the
necessary medical clearance the law demands . Sheriff Antinoro fined the
brothel even though it is owned by a highly placed County official who
seems to have expected special considerations that were not
forthcoming. Sheriff Antinoro summed this up by saying, "I enforce the law
evenly as possible to everyone. No exceptions." The other candidates have
also said as much; favoritism is root cause of past misdeeds in our county.
(Emphasis added).
After Gilman openly questioned the accuracy of Antinoro's statement at a Board
of County Commissioners meeting, on October 23, 2014 (two weeks before the election),
Antinoro filed an Ethics Complaint against Gilman (Case No. 14-73C), which ultimately
was dismissed in 2016 with a finding of no violation.
Consistent with a suggestion by the then investigator of the Ethics Commission
that Gilman raise his objections to Antinoro's statement in a civil lawsuit instead of at a
public meeting, on March 21 , 2016, Gilman filed a civil defamation lawsuit against
1Section 5.16.060 of the Storey County Code requires the applicant for a brothel license to be a
natural person.
1
Antinoro, in his individual capacity, based on the statement quoted above. Gilman seeks
damages against Antinoro personally. See Complaint, Exhibit 1. The lawsuit was filed in
Washoe County as Case No. CV16-00621 and moved to Storey County under Case No.
16 OC 00010. On October 10, 2016, Antinoro filed his Answer to Complaint and
Counterclaim . See Answer and Counterclaim, Exhibit 2. In his Counterclaim, Antinoro
seeks damages against Gilman in excess of $10,000. The lawsuit is still pending, as
reflected in a recent order issued July 10, 2018 denying Antinoro's motion for summary
judgment, which found , among other things , questions of fact on whether Antinoro's
statements were made with actual malice under the First Amendment standard articulated
in New York Times Co. v. Sullivan, 376 U.S. 254 (1964). See Order Denying MSJ, Exhibit
3.
2. Conflicts of Interests.
Antinoro has a conflict between his private interest in defend ing a civil lawsuit by
Gilman and affirmatively seeking damages against Gilman in the Counterclaim, and his
duties as Sheriff in regulating the brothel owned by Gilman . Approximately at the same
time he filed the Counterclaim, in October 2016, Antinoro personally ordered deputy
sheriffs to go to the brothel and inspect 6 months of records on medical clearances , and
required the brothel staff to make copies of all the records. Deposition transcript at pp.
68-83, Exhibit 4. He ordered copies to be made despite the absence of an ordinance
allowing the Sheriff to do so and personally combed through the records to find violations.
Id.
During his deposition , Antinoro admitted having a deep personal bias against
Gilman which further demonstrates his complete lack of objectivity in regulating the
brothel. On pages 25 to 27 of the transcript, he testified about his belief that Gilman "wants
to see me gone" and that Gilman has damaged his [Antinoro's] reputation and standing
in the community. Id. at 22-27. On pages 109 to 110, he testified about his belief that
Gilman is not honest and "can 't read the English language." Id. at 109-110. On pages
128 to 130, he testified about his perception that Gilman believes he is entitled to special
consideration in Storey County, and acknowledged testifying against Gilman in support
of lawsuit filed by an Antinoro supporter. Id. at 128-130. On pages 194 to 195, Antinoro
testified about his belief that Gilman has been the recipient of favoritism in Storey County.
Finally, on pages 200 to 202, Antinoro testified about his belief that Gilman is trying to run
Storey County and be a dominating influence in county politics and that Gilman has done
"really bad" things in Storey County.
Despite the deep personal bias against Gilman and the pending lawsuit in which
he has a personal financial interest in the outcome of the Counterclaim seeking damages
against Gilman, Antinoro remains personally active in engaging in official capacity duties
negatively affecting Gilman's brothel without delegating such duties to a disinterested
designee. As described above, he used his official position to order a thorough inspection
and copying of brothel records disrupting the business for an entire work day through 11
p.m. and personally inspected all the records . Exhibit 4 at 68-83. In addition, as
2
discussed below, he has personally been involved in brothe l employee work card denials
and revocations, including appeals to the Brothel Licensing Board on which he sits.
A. Work Card Denial and Appeal of Johnna P. Nichols.
On November 4, 2016, Johnna Nichols applied for a work card to work as a cook
for the Mustang Ranch . Exhibit 5. Rather than delegating the duties to an undersheriff,
Sheriff Antinoro denied the work card.2 less than a month after filing his Counterclaim ,
which prompted her to appeal the denial before the Brothel Licensing Board. At the
Brothel Licensing Board meeting on January 3, 2017, Sheriff Antinoro failed to d isclose
the conflict of interest arising from the civil lawsuit filed against him by Gilman, participated
in the discussions and voted on the appeal, as reflected in the official Minutes (Items 13
and 14). Exhibit 6.
B. Work Card Revocation and Appeal of Monica Ryan .
On June 19, 2017, instead of delegating duties to a designee, Sheriff Antinoro

issued and signed a letter revoking the work ca rd of Mustang Ranch employee Monica
Ryan . Exhibit 7. The revocation prompted her to appea l to the Brothel Licensing Board
on June 30, 2017. At the meeting, Sheriff Antinoro failed to disclose the conflict of interest
arising from the civil lawsuit filed against him by Gilman , participated in the discussions
and voted on the appeal, as reflected in the official Minutes (Items 10 and 11). Exhibit 8.
C. Work Card Revocation and Appeal of Hayley Hartman.
On November 14, 2017, rather than delegating to a designee, Sheriff Antinoro

issued and signed a letter revoking the temporary work card of Mustang Ranch employee
Hayley Hartman. Exhibit 9. The revocation prompted her to appeal to the Brothel
Licensing Board. At the Brothel Licensing Board meeting on December 5, 2017, Sheriff
Antinoro did not disclose the conflict of interest arising from the civil lawsuit filed against
him by Gilman, participated in the discussions and voted on the appeal, as reflected in
the official Minutes (Items 12 and 13). Exhibit 10.
D. Work Card Denial of Pashelle Carter.
On October 11 , 2018, rather than delegating to a designee, Sheriff Antinoro issued

and signed letter denying the work card of Pashelle Carter. Exhibit 11 . As of November
1, 2018, according to the Storey County District Attorney's, Sheriff Antinoro is recusing
himself from investigating on work cards at the brothel and participating in actions
addressing the Mustang Ranch as a member of the Brothel Licensing Board. Exhibit 12.
Whether Sheriff Antinoro heeds the advice of the District Attorney remains to be
seen . He may not feel he is obligated to follow the District Attorney's advice and cannot
be disciplined by any official at Storey County. He has publicly expressed his disdain for
2
The Complainant has been unable to locate the denial letter issued and signed by Antinoro,
but is confident that the denial letter exists.
3
the Ethics Commission on at least two occasions, one in an email dated May 10, 2016 to
a newspaper, Exhibit 13, and more recently on October 11, 2018 during his "Jerry and
Friends" radio show when he called at least one or two Commissioners "a total ass."
Exhibit 14.
3. Analysis
A public officer such as Antinoro must commit himself to avoid conflicts between
his private interests and those of the general public whom he serves. NRS
281A.020(1)(b). Encompassed within this public policy is the need for a separation
between a public officer's private pecuniary interests and his public duties. A "pecuniary
interest" means any beneficial or detrimental interest in a matter that consists of or is
measured in money or is otherwise related to money. NRS 281A.139. Undoubtedly,
Antinoro has a pecuniary interest in the civil lawsuit filed by Gilman because his
Counterclaim seeks money damages against Gilman. Moreover, if Gilman prevails in his
complaint, Antinoro may be financially impacted by having a personal judgment against
him.
The disclosure and abstention provisions in the Nevada Ethics in Government Law
are applicable here. They provide Antinoro the vehicle to separate his pecuniary interests
from his public duties pertaining to brothel regulation. The Sheriffs duties are clearly
delegable to someone else in the Sheriffs office. See sec§ 5.16.220 ("The sheriff or his
designee will have the authority to deny or revoke the work card of a prostitute or any
other employee who does not qualify under this chapter or who is found to be otherwise
violating the Storey County Code or Nevada state law."). The disclosure provisions are
found in NRS 281A.420(1 ), which states:
1. Except as otherwise provided in this section, a public officer or employee shall not
approve, disapprove, vote, abstain from voting or otherwise act upon a matter:
(a) Regarding which the public officer or employee has accepted a gift or loan ;
(b) In which the public officer or employee has a significant pecuniary interest.
(c) Which would reasonably be affected by the public officer's or employee's commitment
in a private capacity to the interests of another person; or
(d) Which would reasonably be related to the nature of any representation or counseling
that the public officer or employee provided to a private person for compensation before
another agency within the immediately preceding year, provided such representation or
counseling is permitted by NRS 281A.410,
without disclosing information concerning the gift or loan, the significant pecuniary
Interest, the commitment in a private capacity to the interests of the other person or the nature
of the representation or counseling of the private person that is sufficient to inform the public
of the potential effect of the action or abstention upon the person who provided the gift or loan ,
upon the public officer's or employee's significant pecuniary interest, upon the person to whom
the public officer or employee has a commitment in a private capacity or upon the private
person who was represented or counseled by the public officer or employee. Such a
disclosure must be made at the time the matter is considered. If the public officer or
employee is a member of a body which makes decisions, the public officer or employee
shall make the disclosure in public to the chair and other members of the body. If the
public officer or employee is not a member of such a body and holds an appointive office, the
public officer or employee shall make the disclosure to the supervisory head of the public
4
officer's or employee's organization or, if the public officer holds an elective office, to the
general public in the area from which the public officer is elected. (Emphasis added).
The abstention provisions are found in NRS 281A.420(3}, wh ich states:
3. Except as otherwise provided in this section, in addition to the requirements of

subsection 1, a public officer shall not vote upon or advocate the passage or failure of,
but may otherwise participate in the consideration of, a matter with respect to which the
independence ofjudgment of a reasonable person in the public officer's situation woul d
be materially affected by:
(a) The public officer's acceptance of a gift or loan;
(b) The pubUc officer's significant pecuniary interest; or
(c) The public officer's commitment in a private capacity to the interests of another person.
(Emphasis added).
Antinoro has a significant pecuniary interest in the lawsuit filed by Gilman as

demonstrated by Antinoro's Counterclaim affirmatively seeking damages in excess of
$10,000 against Gilman. Gilman is the natural person holding the brothel license of the
Mustang Ranch, and the allegedly defamatory statements of Antinoro concerned
supposedly illegal activity at the very brothel regulated by the Sheriff. As a result, Antinoro
cannot be objective in regulating the Mustang Ranch or voting as a member of the Brothel
Licensing board. Such lack of objectivity is plainly demonstrated in his personal directive
to deputies to inspect the brothel and demand copies of 6 months of medical records,
which disrupted the business for an entire day, and personally combing through such
records during the same month he filed the Counterclaim. Antinoro's admitted statements
in his deposition further show an undeniable personal bias based on the lawsuit.
The failure to disclose and abstain by interested brothel licensing board members
was a significant factor in a recent decision by U.S. District Judge, Richard F. Boulware,
II, finding that a brothel owner was likely to succeed on his First Amendment retaliation
claims against interested members of the brothel licensing board. In Hof v. Nye County,
et al., Case No. 2:18-cv-01492, brothel owner Dennis Hof had a pending defamation
lawsuit against one Nye County Commissioner (Borasky), and a separate lawsuit for First
Amendment violations against another Commissioner (Schinhofen) and the Nye County
Sheriff (Wehrly). See Order on Mot. forTRO at 5, attached as Exhibit 15. During a brothel
licensing board meeting in February 2018, both named commissioners and the Sheriff
disclosed their conflicts arising from the lawsuits and recused themselves from voting on
whether to reinstate Hofs license based on the civil lawsuits. Id. However, during another
brothel licensing board meeting in August 2018, the two named commissioners voted to
deny renewal of Hofs brothel license. Id. at 8. The Court found significant the fact that
the two named commiss ioners voted without disclosure and abstention after earlier
recusing themselves. Their reversal of position on the stated conflict was evidence of a
retaliatory motive against the brothel owner for exercising First Amendment rights . Id. at
11 -12.
While this is not a First Amendment retaliation case, the brothel regulations and
brothel licensing board process in Hof is similar to Storey County's framework. Likewise,
the existence of pending lawsuits against brothel licensing board members in Hof which
5
created disqualifying conflicts of interest is similar to this case. Nye County's legal counsel
in Hof was correct in advising the named commissioners and sheriff to disclose and
abstain on Hofs brothel matters due to the pending suits. More recently, the Storey
County District Attorney has apparently advised Antinoro to recuse himself from
investigating or acting on work cards issued for the brothel and in actions addressing the
brothel as a member of the Brothel Licensing Board. Exhibit 12. Such advice from legal
counsel in both Nye and Storey Counties is sound .
The Ethics Commission has required disclosure and/or abstention based on a

public officer's personal participation in litigation involving the public body on which he
sits. See In re Dwight Dortch, Opinion No. 12-52A (Dortch testified favorably in deposition
involving a company/former employer that contracted with the City and was required to
disclose involvement in the litigation); In re Richard Stone, Opinion No. 96-32 (Stone
assisted his employer in presenting litigation claim against an improvement district on
which he sat and violated Ethics laws for failure to disclose and abstain).
Moreover, the independence of judgment of a reasonable person would be

materially affected by a lawsuit in which the public officer seeks monetary damages
against an individual over which the public officer regulates. The personal bias caused by
the lawsuit not only implicates the Ethics laws, but may lead to the deprivation of due
process . .See Gilman v. Nevada State Bd. of Veterinary Med. Examiners, 120 Nev. 263,
269, 89 P.3d 1000 (2004), disapproved on other grounds by Nassiri v. Chiropractic
Physicians Bd., 130 Nev. Adv. Op. 27, 327 P.3d 487 (2014) (administrative tribunal must
harbor no actual bias against the person facing a deprivation of his property interests and
"justice must satisfy the appearance of justice"); Mosley v, Nev. Comm'n on Judicial
Discipline, 117 Nev. 371 , 22 P.3d 655 (2001) (actual bias by commission against a party
is constitutionally unacceptable and implied probability of bias may constitute violation of
due process); Withrow v. Larkin, 421 U.S.35, 47 (1975) (biased decisionmaker on
licensing board is constitutionally unacceptable, including situations where the
decisionmaker has been the target of personal abuse or criticism from the party appearing
before him); People v. Lowenstein, 325 N.W .2d 462 (Mich.App.Ct. 1982) Gudge should
not sit on litigation involving someone who is a party to other litigation in which the judge
himself is a litigant). After all, how can a brothel licensing board member sued in his
individual capacity by a brothel owner and counterclaiming to receive monetary damages
from that owner act in a quasi-judicial capacity without bias or prejudice? See Nevada
Code of Judicial Conduct Rule 2.3 Uudge shall perform duties without bias or prejudice).
A reasonable person in Antinoro's position as Sheriff is materialy affected by such a
lawsuit and cannot exercise independent judgment in regulating Gilma n's brothel.
Antinoro's failure to disclose and abstain triggers violations in two distinct

capacities: (1) as Sheriff on the administrative side of brothel regulation; and (2) as a
voting member of the Brothel Licensing Board.
6
A. Antinoro Committed Eight Violations As Sheriff.
SCC § 5.16.220 states: "The sheriff or his designee will have the authority to deny
or revoke the work card of a prostitute or any other employee who does not qualify under
this chapter or who is found to be otherwise violating the Storey County Code or Nevada
state law." Antinoro had a duty to disclose his conflict of interest in denying or revoking
work cards of employees of Gilman's brothel due to the defamation lawsuit against him
involving the Mustang Ranch . Because Antinoro as Sheriff in his administrative capacity
is not acting as a member of a public body and holds an elective office, under NRS
281A.420(1 ), he must disclose "to the general public in the area from which [he] was
elected." He did not disclose his conflict to the general public in denying or revoking the
work cards of Johnna Nichols, Monica Ryan, Hayley Hartman and Pashelle Carter, and
therefore is guilty of four (4) violations of the disclosure law.
Likewise, he is guilty of four violations of the abstention law for failing to abstain
and personally issuing letters denying or revoking the work cards of the four employees
NRS 281A.420(4)(b) requires abstention only in clear cases "where the independence of
judgment of a reasonable person in the public officer's situation would be materially
affected by the public officer's acceptance of a gift or loan, significant pecuniary interest
or commitment in a private capacity to the interests of another person ." A reasonable
person in the Sheriff's position who seeks money damages against the brothel owner
cannot possibly exercise independent judgment regulating the very same brothel at issue
in the lawsuit. Because the SCC expressly allows the sheriff to delegate such duties to a
designee, it is an easy choice for a reasonable person in the Sheriff's position to disclose
and abstain completely until the lawsuit is resolved . Therefore, Antinoro is guilty of a total
of eight (8 ) total violations as Sheriff on the administrative side of brothel regulation.
B. Antinoro Committed Six Violations as a Member of the Brothel Licensing Board.
Regarding disclosure. NRS 281A.420(1 ) states, "[i]f the public officer or employee
is a member of a body which makes decisions, the public officer or employee shall make
the disclosure in public to the chair and other members of the body." Antinoro made no
disclosure of his conflict to the Brothel Licensing Board chair at the meetings of January
3, 2017, June 30, 2017 and December 5, 2017 . Such nondisclosure constitutes three (3)
separate violations of the disclosure law.
Likewise. Antinoro failed to abstain in each of these meetings despite his

independence of judgment being materially affected by the civil lawsuit of and concerning
the Mustang Ranch and its owner. As such , he is guilty of three (3) separate violations of
the abstention law for failure to abstain as a board member on January 3, 2017, June 30,
2017 and December 5, 2017. Therefore, Antinoro has committed six (6) violations of the
Ethics Laws as a member of the Brothel Licensing Board .
~(~7
7
Case 3:17-cv-00498-RCJ-CBC Document 48 Filed 01/14/19 Page 1 of 32

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STATE OF NEVADA

BEFORE THE NEVADA COMMISSION ON ETHICS

In re Gerald Antinoro, Sheriff, Ethics Complaint

ORDER ON JURISDICTION AND INVESTIGATION

The Nevada Commission on Ethics ("Commission") received an Ethics Complaint

NRS 281A.400(2) Using his public position to secure or grant

NRS 281A.400(7) Using governmental time, property or equipment or

DATED this 161h day of July, 2018.

NEVADA COMMISSION ON ETHICS

Isl Cheryl A. Lau

Order on Jurisdiction and Investigation

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

Order on Jurisdiction and Investigation

NEVADA COMMISSION ON ETHICS

Statute Statutory Summary:

D NRS281A.510 Accepting or receiving an improper honorarium.

!NAME and TITLE:

YOUR NAME: Kris Thompson

May 29, 2018

Gera Id Antinoro signs showing his photo.

2571 Cartwright Road

Highway 341 between Lousetown and Cartwright

Entrance to Virginia City

Sugarloaf Mountain Motel

Fence by Occidental grade

Fence B Street back of Silver Stope

House in Gold Hill near the hotel

Toward the bottom of 6 mile canyon at 3260 Six mile Canyon

517 Sam Clemens - Fence - Mark Twain estates

314 Martin - Mark Twain estates

Entra nee to Lockwood at the bottom of the ramp

Avenue de Colours corner heading out of Lockwood - Lockwood

Lynn Bawden Good luck Jerry

,\I Wnte a comment

https://www.facebook.com/antinoroforsheriff?lst=1200033732%3A 100001132082939%3A1527269971 217

In re Gerald Antinoro, Sheriff, Ethics Complaint

ORDER ON JURISDICTION AND INVESTIGATION

The Nevada Commission on Ethics ("Commission") received an Ethics Complaint

NRS 281 A.400(1) Seeking or accepting any gift, service, favor.

NRS 281 A.400(2) Using his public position to secure or grant

NRS 281 A.400(7) Using governmental time, property, equipment or other

Order on Jurisdiction and Investigation

DATED this 121h day of September, 2018.

NEVADA COMMISSION ON ETHICS

Isl Cheryl A. Lau

Order on Jurisdiction and Investigation

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

Employee, Nevada C-ommission on Ethics

Order on Jurisdiction and Investigation

NEVADA COMMISSION ON ETHICS

Statute Statutory Summary:

[Z] NRS 281A.400(7)

D NRS281A510 Accepting or receiving an improper honoranum.

State the total number of additional pages attached (Including evidence) 3 + CD .

~AME and TITLE:

NAME and TITLE:

R?•·Sed 0?';:2'17 ;;;; Ethics Complaint

YOUR NAME: Mike Cullen

July 26, 2018

BEFORE THE NEVADA COMMISSION ON ETHICS

In re Gerald Antinoro, Sheriff, Ethics Complaint

ORDER ON JURISDICTION AND INVESTIGATION

The Nevada Commission on Ethics reommlssion") received an Ethics Complaint on

NRS 281A.420(1) Failing to sufficienUy disclose his acceptance of a gift or loan,