Reno's Mayor, A Private Eye, and the Death of Lawful Investigation

After a solemn silence worthy of a tomb, the Nevada Supreme Court has stirred on the matter of Reno’s esteemed Mayor, Hillary Schieve, and the case of the mysterious GPS tracker. The justices have graciously set aside 34 minutes on April 8—presumably because 35 would be an unreasonable indulgence—for oral arguments on whether the name of the man who hired a private investigator to follow the movements of Schieve shall get tossed to the lions.

Schieve and former Washoe County Commission Chair Vaughn Hartung have taken great offense at the notion that a public servant might be subject to scrutiny. It is an understandable concern, for history has shown that public officials prefer their affairs to remain as private as possible—particularly when wrongdoings get uncovered.

The problem, however, is that a certain “John Doe” hired a private investigator, David McNeely, to conduct this scrutiny. McNeely employed a GPS tracker—an act which, while perhaps impolite, is not so very different from the time-honored tactics used by law enforcement, news reporters, and opposition research teams.

For his part, Doe argues that hiring an investigator was a fine example of First Amendment conduct, for if one cannot look into the actions of public officials without fear of retribution, then what need have we of private investigators at all?

The mayor and her compatriot, however, see it differently. To them, this is not about transparency or accountability but their sacred right to govern the public without being watched.

In its infinite wisdom, the court has already ruled that McNeely must name names, but Doe has thrown himself upon the mercy of the justices, hoping to keep his anonymity. Should he lose, he may appeal to the U.S. Supreme Court or resign himself to the reality that, in Nevada, investigating the powerful is a pastime best left to those with nothing to lose.

Should his name be revealed, Schieve and Hartung will have their satisfaction, and the civil case against McNeely and Doe will proceed. Should the court rule in favor of Doe, the mayor, with her ally, will have to proceed by suing only the investigator.

Either way, the message is clear: the next time one wishes to investigate an elected official, one should consider the wisdom of remaining blissfully ignorant.