Green hearing set for Jan. 29 |

Green hearing set for Jan. 29

by Christy Chalmers, Tribune News Service

MINDEN – Douglas District Judge Michael Gibbons will hold a hearing Dec. 29 on the school district’s request to stop trustee-elect Randy Green from taking office.

Gibbons signed an order Thursday outlining deadlines and procedures for the case – including a trip to the Nevada Supreme Court.

Douglas voters overwhelmingly selected Green, a government teacher at Douglas High School, for the Area 4 school board seat Nov. 7. The school district has sued to stop him from taking office, citing state laws that school board members can’t serve if they have a financial interest in the board’s actions.

Gibbons wrote in his order that a decision will probably be made following the Dec. 29 hearing, and he advised the lawyers to be ready to argue whether the decision should be “stayed,” or postponed, pending an appeal by either side to the Nevada Supreme Court.

In the meantime, Clerk-Treasurer Barbara Reed agreed not to issue a certificate of election to Green and he won’t accept one until Jan. 12, depending on what happens in court.

If Gibbons rejects the school board’s request to keep Green off the board, district lawyers have until Jan. 12 to appeal to the Supreme Court. If the high court rejects the school board’s argument, Reed could issue the certification and Green could take the seat.

Green could also take the seat if Gibbons rejects the school board’s argument and the high court doesn’t take the case by Jan. 12.

If Gibbons grants the school district’s request, Green can seek a stay of the order in district court or at the Supreme Court. If he can’t get the stay, he can’t take office. If the stay is granted, he could not take office until Jan. 12.

The lawyers are scheduled to meet Dec. 28 to go over the evidence and witnesses they will be using Dec. 29. Green has a Dec. 18 deadline to respond to the requests the school district’s lawyers have made and the district lawyers have until Dec. 27 to respond.

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