THE GOVERNOR:

Gibbons skirts law in picking travel chief

Attorney general asked to review appointment made without interview

By David McGrath Schwartz (contact), Cy Ryan (contact)

Saturday, Dec. 27, 2008 | 2 a.m.

Lead tourism director appointed; job in jeopardy (12-24-2008)

Nevada Commission on Tourism

Carson City — Gov. Jim Gibbons ignored state law in appointing the friend of a top adviser to head the state’s Commission on Tourism — an appointment that even the governor’s staff acknowledges did not follow normal protocol.

The $117,000-a-year post is, by law, to be filled following a search by the state’s appointed Tourism Commission. The director “must be appointed by the Governor from a list of three persons submitted to him by the Commission,” according to the law.

But Gibbons on Christmas Eve named Kirk Montero, a manager for US Airways at the Reno/Tahoe International Airport, to the job without consulting the commission.

The appointment came after what sources describe as a three-month stalemate between the commission and the governor.

The attorney general’s office has been asked to review the appointment, including the fact that Montero’s application was received 10 days after the deadline.

The commission is scheduled to discuss the appointment Monday. The tourism director serves at the pleasure of the commission.

Montero told the Sun on Friday he got the job without an interview, either by Gibbons or anyone on the Tourism Commission. He said he was unaware he had not been nominated by the commission.

Montero said his references, “a number of whom know the governor,” might have helped him land the job. The list included Tourism Commissioner Bruce Dewing, and Howard Weiss, owner of a Reno RV dealership.

Some insiders believe Weiss is Gibbons’ closest friend and adviser.

Dan Burns, the governor’s spokesman, explained the appointment by saying, “The governor feels tourism is so vitally important, especially in this downturn, that 3 1/2 months is a long time to wait for a search.”

Burns did not address whether the governor could legally make the appointment without receiving names from the commission. Asked whether Gibbons had discussed the appointment with his attorney, General Counsel Chris Nielson, Burns said there had been conversations, but that he did not know the substance of those conversations.

“We did not go through normal steps of choosing a director,” he said. “It got to the point where action needed to be taken. And that’s what happened.”

Lt. Gov. Brian Krolicki, chairman of the Tourism Commission, acknowledged the board had not sent the names of three candidates to the governor for consideration. A subcommittee was appointed to handle the search and 67 applications had been received.

“We moved as quickly as possible,” Krolicki said.

The deputy director is running the commission, and the panel was considering whether the position should be left vacant for salary savings.

The Tourism Commission, which is financed by the room tax, is responsible for developing marketing and advertising campaigns to bolster tourism in Nevada. The tourism development fund for this biennium totaled $47.6 million before budget reductions.

The lieutenant governor heads the commission, and its eight members are appointed by the governor. The members must be “informed on and have experience in travel and tourism, including the business of gaming,” according to the law.

Montero said his previous jobs include reservations manager for now-defunct Reno Air and owner of a tour company in California.

The former director, Tim Maland, resigned in September. Maland left his post as president of the Reno Hilton to take the job in January 2007, just after Gibbons took office.

In Business Las Vegas, a sister publication of the Sun, has reported that Gibbons told Maland he had lost confidence in him.

Maland could not be reached Friday for comment.

In the months since Maland’s resignation, Gibbons has pushed for Montero to fill the position, according to sources.

Gibbons has talked openly of combining the Tourism Commission with the Economic Development Commission to reduce costs. Employees and commission members declined to talk on the record, for fear their jobs would be eliminated.

Montero, 60, confirmed that Gibbons had spoken to him about the job.

“At one point, he asked if I had an interest,” Montero said. “But that was a long time ago, before Tim Maland resigned.”

Montero said he would not call Gibbons a friend, but said he has talked to Gibbons six or seven times over the past 15 months. Often the conversations occurred while Gibbons waited to board a flight at the Reno airport and centered on high fuel prices and his ideas for tourism, Montero said.

Montero said he talked to Gibbons about asking industries that manufacture products used commonly in Nevada, such as golf clubs and ski equipment, to contribute money to promote the state. He also talked about attracting businesses from China.

“We’re not going to ignore gaming. It’s still a vital part of our state, but we need to look at every opportunity out there, besides gaming, and see if there are other opportunities to bring additional visitors to the state,” he said.

Asked whether he was surprised to get the job without an interview, Montero said, “It was kind of a weird situation. I either had great conversations with the governor, and he had trust with me, or — I do volunteer work — I come across lots of business people and talk travel. I happened be at the right place at the right time.”

Montero denied he had submitted his application late.

He told the Sun he followed the protocol on the governor’s Web site and submitted his application to the deputy in charge of appointments and commissions at the governor’s office.

Yet his letter expressing interest in the job, dated Sept. 12, was addressed to Dianne Cornwall. (In late June, Cornwall was demoted from chief operating officer in the governor’s office to head of the Business and Industry Department.)

When asked about this discrepancy, Montero said someone in the governor’s office told him to address the application to Cornwall.

Weiss, the Gibbons friend and adviser, is also close to Cornwall, according to sources.

Cornwall said she did not know Montero.

Montero later said he applied for the job after reading about it in the Reno Gazette-Journal.

Yet the date of his letter of application, Sept. 12, was the day Maland resigned, and the state did not advertise the job until Oct. 5, and stopped accepting applications Oct. 24.

Montero’s application was hand-delivered to the Tourism Commission by a member of Gibbons’ office on Nov. 4, according to sources with knowledge of the transaction.

Burns said Friday that he did not know whether the governor had interviewed anyone for the job, whether the governor was a friend of Montero’s or how the governor learned of Montero’s interest.

As to questions about Montero’s qualifications, Burns said: “The governor must think he’s eminently qualified. That’s why he put him in the job.”

Burns acknowledged that the Tourism Commission has authority over the director and could replace him.

“They can fire him, if they wanted to,” he said. “Why not give the guy a chance?”

Discussion: 20 comments so far…

By skisailmtb40

12/27/08 at 8:30 a.m.

Suggest removal

"Willful deaths" at the Orleans? Hey, look, I feel terrible for them and their families, but if they would have followed THEIR OWN safety rules... the accident never would have happened. And now you try to tie Gibbons to that? Sounds like you are mixing stupid, moronic, and a true sign of an uniformed goof.
By LVPaco

12/27/08 at 8:40 a.m.

Suggest removal

Governor Jim Gibbons should be completely ashamed of himself. Tim Maland was an awesome Director I had the pleasure of dealing with him on several occasions and even travelled with him on a tour of the Nevada Test Site.

Sad and truly Shameful...
By letjusticeprevail

12/27/08 at 9:59 a.m.

Comment removed by staff.
By nvwilnd

12/27/08 at 11:25 a.m.

Suggest removal

The point that seems to be missing from everyones post above mine is that Jimbo is BREAKING THE LAW. What happened at the Orleans is sad, terrible, and two men are dead. Who does Jimbo think he is?? As a State employee, I find it sickening that there are jobs out there that command a salary of $117K. I thought that we were looking at ways to cut the budget, to save money and jobs. I know for a fact that my job is on the line when the Legislature meets in Feb. I also know that my job is a little bit more important to the citizens of Nevada then anything that the Commission on Tourism head can do. With the world ecomomy in a tail spin and no recovery likely for a couple of years, with Casino Companies like Stations, Sands, all strugiling, what do you think that this person is going to be able to do to get people to visit Nevada, when they don't have any money themsleves to spend??? I have lived in this State for over 30 years, and for the last two years, I'm at a loss to explain what is happening to it. We have a Governor who has brought nothing but disgrace to the State, he has done more questionable things in the two long years he has been in office then I believe all the past Gov of the State of Nevada have ever done. Who appoints someone to an office without even talking to them??? Who has the aodacity (sp) to BREAK the law, with no regard?? He was wothless as a Congressman, he is proving once again that he is a complete idiot.....PLEASE AG.....STOP HIM
By vegashustler007

12/27/08 at 11:36 a.m.

Comment removed by staff.
By SafetyNow

12/27/08 at 1:21 p.m.

Suggest removal

skisailmtb40,
So I'm just curious here....
Who is it you work for? Boyd gaming or Gibbons?
Because the only other explanation for a comment with that magnitude of stupidity is that your an expert in ass babble? And if that's the case...
I suggest you buy your ass a breath mint. Or just pull up your pants and stop talking or wait maybe its farting? Either way it stinks. Don't let the ass babbler get you down Letjusticeprevail just plug your nose and pity the idiot.
~M
By Teaser

12/27/08 at 6:29 p.m.

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To paraphrase Mark Twain, Jim Gibbons is like the weather. Everyone complains, but nobody ever does anything about it.
By letjusticeprevail

12/27/08 at 8:09 p.m.

Suggest removal

I guess the truth was too much for someone and my comments had to be removed. That's okay because the truth will still be heard regardless.
By theIndependent

12/27/08 at 11:24 p.m.

Suggest removal

In the hopes the Governor is reading this paper, I might suggest he log onto leg.state.nv.us, click on the Law Library link to the NRS (Nevada Revised Statutes) and lookup what it takes to appoint a new director to the tourism office... I have also posted it here just in case he gets lost...very simple provision of the law, only 3 little bullets...
NRS 231.210 Director: Qualifications; appointment; restrictions on other employment. The Director of the Commission on Tourism:
1. Must be appointed by the Governor from a list of three persons submitted to him by the Commission.
2. Is responsible to the Commission and serves at its pleasure.
3. Shall, except as otherwise provided in NRS 284.143, devote his entire time to the duties of his office, and he shall not follow any other gainful employment or occupation.
(Added to NRS by 1983, 1162; A 1985, 404; 1997, 616; 2007, 999)
By worstnightmere

12/28/08 at 7:04 p.m.

Suggest removal

I wonder how much of a "Kick Back" Gibbons got for this phony job set-up.....?????
By Lenny_V

12/28/08 at 7:18 p.m.

Suggest removal

The next a guy robs a bank. He didn't break the law, he skirted the law.
By jfnance32

12/28/08 at 7:33 p.m.

Suggest removal

Since the commission board has not submitted for over 3 months a list of 3 names to the Governor under NRS 231.180 the Governor may may remove an appointed member from the Commission if the member neglects his duty.

Also, the Governor can then appoint new members.

If they do not submit a list soon he should follow the law. Remove board members who are refusing to submit a list of names and appoint members who will be willing to submit names.
By thebs

12/28/08 at 11:49 p.m.

Suggest removal

Why bother, Nance? Gibbons just decided he didn't want to follow the law, and already appointed Montero.

Turns out he was squabbling with his Lieutenant Governor, another Republican, Krolicki, who's currently under indictment for not following the law, himself.

At this rate, we may have a Governor Schneider before the year is out.

But why bother to follow the law now? Seeking some retroactive legality?
By azsk8fan

12/29/08 at 7:12 a.m.

Suggest removal

There needs to be some serious reform when it comes to campaign contributions and then perhaps we wouldn't have all these politicians indebted to so many people, most of which are probably unqualified to even hold the high paying jobs their given in return. It's disgusting anyway to see the amount of money they spend trash-talking their opponent - if they had less to spend they might actually have to spend it tooting their own horn (if, in fact they have anything to toot about)
By Judy

12/29/08 at 11:24 a.m.

Suggest removal

So this guy submitted his application the same day the director resigned. Wwo, what incredible psychic ability he and the Governor have.

As for JFNancy - you only want to follow the law when it is on your side, you defend every move the Idiot Governor makes, no matter how unlawful.

This position should remain UNFILLED witht he deputy director leading the commision and staff. We save $117,000 annually + car. This governor is as dirty as they come. Where is the justice department?
By honeybee

12/29/08 at 3:28 p.m.

Suggest removal

Why are none of you making a stink about the Governor's allowing a high school drop out to be the Administrator of the Division of Child and Family Services...with a salary of over $100K per year, kindly paid for by the taxpayers? It seems with children dying, the state facing a probable multi-million dollar class action lawsuit for all the child deaths DCFS failed to prevent, and us taxpayers not only having to pay a totally unqualified candidate for the DCFS Administrator's position (and also a "child welfare consultant" salary of over $50K for approximately 2 months of work to cover for the lack of qualifications in that Administrator) this tourism appointment would be considered small potatoes. The Governor and his cronies either need to do the right thing or they need to get out!
By SafetyNow

12/29/08 at 3:47 p.m.

Suggest removal

Okay on a serious note here I'm somewhat confused as to why the Las Vegas Sun staff removed letjusticeprevail's comments responding to skisailmtb40' stupidity. As out of everyone she has the most knowledge of the actual FACTS surrounding the Boyd case and the governors actions. I do know that comments must be repeatedly flagged as inappropriate content to be removed. And although none of her comments were in any fashion inappropriate it surprises me to no end that the sun staff removed them as they too know that she was just stating the facts. So now I'm just wondering how many times skisailmtb40 and his gibbons coworkers had to flag to get them down?
There is one good thing about witnessing their desire to prevent letjusticeprevail from posting the truth which is trying to imagine the panic they must feel when trying to prevent the truth from being seen or heard as the floor seems to be falling out from under them and their weakening defense. It just Fills my heart with joy.
By jfnance32

12/29/08 at 3:47 p.m.

Suggest removal

How we do something about the guy that is on a long term paid vacation while being indicted for stealing from the state?

He has already taking a one year paid vacation once before.

There is another guy doing his job.

He gets paid over 100K a year.

He has also serve time in prison for stealing from another state.

How come Lord Rogers has not fire him?
By ksand99

12/29/08 at 4 p.m.

Suggest removal

So anyone under indictment should be fired?

Should Brian Krolicki be fired, jfnance32?