INCLINE VILLAGE, Nev. and#8212; Incline Village General Improvement District legal counsel Scott Brooke made a statement at Wednesday's board meeting regarding the Nevada District Attorneyand#8217;s recent findings that board chair Ted Fuller violated Open Meeting Law during a pair of meetings earlier this year.
The tenor of the findings, Brooke said, were that and#8220;the district is not allowed to restrict public comment based on content.and#8221;
Neither Fuller nor the board discussed the matter further. Later in the meeting, residents Frank Wright and Aaron Katz and#8212; who filed two of the three Open Meeting Law complaints and#8212; voiced their displeasure.
Reading from a prepared statement, Katz said he was disappointed the board didnand#8217;t take the opportunity to question Brookeand#8217;s legal advice, and that and#8220;Mr. Brooke lacks competence,and#8221; considering he didnand#8217;t question the way Fuller ran the July 27 and Aug. 10 meetings.
Katzand#8217;s wife, Judy Miller, continued to read from his statement after Katzand#8217;s three minutes of public comment expired, saying the IVGID board should look at entering into contract with a new attorney.
Wright said he was disappointed the item wasnand#8217;t agendized under general business to offer the public a chance to weigh in. He asked Fuller to resign, and that he and#8220;take your inept legal counsel with you.and#8221;
Brooke also alluded to an additional OML complaint filed by Katz, who alleged that the district and#8220;refused to incorporate either my oral remarks or written statement into the approved written minutes of its August 31, 2011 Board meeting,and#8221; among other allegations, according to a response filed Nov. 30 by the AGand#8217;s office.
The response, authored by Senior Deputy Attorney General George H. Taylor and#8212; who authored the rulings against Fuller and#8212; disputed the allegations and ruled against Katz.
The IVGID board voted Wednesday, 5-0, to maintain its current makeup for 2012; trustee Bea Epstein recommended the action.
The current makeup, and the one that will go into effect from Jan. 1, 2012, through Dec. 31, 2012, is as follows:
and#8226; Ted Fuller, chair
and#8226; Chuck Weinberger, vice-char
and#8226; Bruce Simonian, secretary
and#8226; Bea Epstein, treasurer
and#8226; Joe Wolfe, trustee
Three board seats and#8212; occupied by Fuller, Weinberger and Epstein and#8212; are up for election in 2012.