December 17, 2011 | Back to: News

IVGID legal counsel: 'District is not allowed to restrict public comment'

INCLINE VILLAGE, Nev. — Incline Village General Improvement District legal counsel Scott Brooke made a statement at Wednesday's board meeting regarding the Nevada District Attorney’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 “the district is not allowed to restrict public comment based on content.”

Neither Fuller nor the board discussed the matter further. Later in the meeting, residents Frank Wright and Aaron Katz — who filed two of the three Open Meeting Law complaints — voiced their displeasure.

Reading from a prepared statement, Katz said he was disappointed the board didn’t take the opportunity to question Brooke’s legal advice, and that “Mr. Brooke lacks competence,” considering he didn’t question the way Fuller ran the July 27 and Aug. 10 meetings.

Katz’s wife, Judy Miller, continued to read from his statement after Katz’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 wasn’t agendized under general business to offer the public a chance to weigh in. He asked Fuller to resign, and that he “take your inept legal counsel with you.”

Brooke also alluded to an additional OML complaint filed by Katz, who alleged that the district “refused to incorporate either my oral remarks or written statement into the approved written minutes of its August 31, 2011 Board meeting,” among other allegations, according to a response filed Nov. 30 by the AG’s office.

The response, authored by Senior Deputy Attorney General George H. Taylor — who authored the rulings against Fuller — 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:

• Ted Fuller, chair

• Chuck Weinberger, vice-char

• Bruce Simonian, secretary

• Bea Epstein, treasurer

• Joe Wolfe, trustee

Three board seats — occupied by Fuller, Weinberger and Epstein — are up for election in 2012.

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Tahoe Daily Tribune Updated Dec 17, 2011 08:22PM Published Dec 17, 2011 08:18PM Copyright 2011 Tahoe Daily Tribune. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.