Q) Why has IVGID decided to erase emails after 30 days?
A) We cannot read their mind, but in our minds they are subverting accountability and transparency AND taking actions in violation of Nevada Law.
Q) Why are we paying $10,000 per month for legal services?
A) The amount was proposed by GM Pinkerton to the Board of Trustees and the Board approved a two year contract guaranteeing RKG $240,000 in retainer fees. Prior to the hiring of current counsel RKG, the Board’s previous Legal Counsel had a lower monthly rate with a cap on fees not to exceed more than around $65,000 per year. We will make a public records request for the previous law firm’s contract to compare the differences between the old and new services provided. We would like to note that the $10,000 per month retainer fee is not all inclusive. RKG can bill IVGID for additional legal services including initiating litigation and lobbying. We have reviewed the District’s wire transfer and credit card payments of additional RKG invoices from January 1, 2017 through July 31, 2017. These currently exceed $20,000.
Q) What is the process to recall IVGID Trustees?
A) Under NRS 318.0955 – Recall of Trustees – A member of the Board of Trustees is subject to recall from Office pursuant to the provisions of the Nevada Constitution and Nevada Statutes. The State of Nevada Recall Guide is published by the Nevada Secretary of State. Please visit their website to request a copy: http://www.nvsos.gov
Q) How can we free the Trustees from the censorship of the lawyers?
A) Terminate RKG and hire a firm with strong government experience and reasonable fees that reports directly to the Board! About two years ago, the seated Board of Trustees voted to allow District Counsel to report directly to the General Manager rather than directly to the Board. As a consequence, the General Manager exercises greater influence and supervision over District Counsel’s activities and priorities. In addition, policies recommended by the General Manager and District Counsel and approved by the Board majority have increased the General Manager and Legal Counsel’s authority. This has resulted in actions that may be detrimental to the Board and the interests of our citizens.
Of additional concern, is RKG’s lack of solid government experience and an understanding of Nevada Open Meeting Law and the laws relating to Public Records, NRS 318 which governs General Improvement Districts as well as NRS 350 and NRS 354 which relate to Local Government Finance, Accounting and Budgeting. At the time RKG was retained, neither Attorney Reese nor Guinasso had any significant government experience. In fact, Attorney Guinasso advertised his expertise in workmen compensation claims. What is being referred to as “censorship” may actually be RKG’s loyalty to the interests of the General Manager over the interests of the Board and its citizens as well as RKG’s lack of understanding of Trustees’ fiduciary responsibilities. Based upon many factually incorrect legal opinions rendered by Counsel Guinasso and Reese at Public Meetings and in memorandums, it is clear that their knowledge and command of relevant Nevada Statutes is less than optimum.
Q) Why are the books closed to the public and why can’t our Treasurer get access to financial information?
A) IVGID continues to make access to financial records which are in fact public records very difficult to obtain. This is a violation of the Nevada Public Records Act NRS 239. The Board and each individual Trustee has a fiduciary responsibility to ensure that the District complies with Nevada Law and requires the General Manager and Staff that is under his supervision comply with the law and provide all public records to all Trustees and Citizens that request this information. Aiding the concealment or destruction of public records is unlawful. One might ask why everything is hidden if the District is operating above board and has nothing to hide?