Nevada Board of Education member John Hawk resigned Friday, citing personal reasons and saying nothing about two opinions from the state Ethics Commission that a conflict prevented him from serving on the panel.
Hawk showed up for a swearing-in ceremony for new and re-elected members of the state board, but then told Supreme Court Justice Bob, who was conducting the ceremony, that he couldn't accept the post.
Hawk issued a statement afterward that said he was resigning to spend more time with his family - even though it's "evident that there is no legal reason why I would not be able to serve ... for the next four years."
After refusing to take follow-up questions from reporters, Hawk gave Gov. Kenny Guinn's office a one-page letter, addressed to Attorney General Brian Sandoval, saying he was resigning "with regret and sadness."
The governor plans to name a replacement who will hold the post for two years, until the next general election when voters will decide who gets the seat.
State Ethics Commission Executive Director Stacy Jennings has said Hawk was told in two opinions that he couldn't serve on the board as long as he or his wife, Wendi, are affiliated with the Nevada State High School charter school.
Wendi Hawk is the school's administrator, while John Hawk, employed by the Clark County School District, is a consultant to the school.
Jennings said Wednesday that state law binds public officers to follow decisions of the Ethics Commission. But both she and Sandoval spokesman Tom Sargent said a conflict wouldn't exist unless Hawk took his oath of office.
Hawk was fined $1,000 last August by the Ethics Commission for violating two state laws in connection with the charter school in Henderson he and his wife founded.
Members decided he failed to disclose during a May 8 Board of Education meeting that he had received money on behalf of the charter school. The board agreed to sponsor the Nevada State High School.
Hawk received $34,000 from a federal charter school startup grant.
Although Hawk abstained from voting on the charter school application, Ethics Commission Chairman Rick Hsu said he had earlier been given an advisory opinion from the commission directing him to disclose any financial interests he has in the school.
Although resigning from the Board of Education job last July, Hawk had already filed for re-election before the May 15 filing deadline. Since no one filed to run against him for the District 4 seat, he won the election.