Complaints dropped against B.C. officials

By Cassie Tomlin

Wednesday, Oct. 15, 2008 | 12:45 p.m.

Criminal complaints against both City Clerk Pamella Malmstrom and City Councilwoman Linda Strickland have been dismissed by the district attorney's and attorney general's offices, respectively, after being forwarded there by the city.

Prosecutors did not find evidence to support either charge.

City Attorney Dave Olsen last month sent both cases to the higher levels after receiving them from the Boulder City Police Department. He said prosecuting a city council member would be a conflict of interest.

Roy Theiss, a city employee, filed the complaint against Strickland Sept. 4, accusing her of violating City Code article 2, section 11, stating that the council is "not to interfere in appointments or removals."

In a letter to Olsen, Chief Deputy Attorney General Hafen said the charter section, which says no council member should give orders to subordinates of the city manager, "may be constitutionally vague and therefore unenforceable."

The incident report filed with the Police Department and an Aug. 28 e-mail Theiss sent to City Manager Vicki Mayes state that two hours before the Aug. 26 City Council meeting, Strickland directed Theiss to play a DVD at the meeting, without consulting Mayes.

The recording Theiss played showed the City Council at a Feb. 12 meeting voting to hire a consultant to study the landfill. Strickland said she asked the DVD be played to remind council members on which measure they voted.

Theiss in the Aug. 28 e-mail to Mayes said he worried his job had been compromised because of the poor quality of the DVD. The incident report states Theiss "was advised to file an information report" after Mayes contacted Olsen. Theiss Oct. 14 said Mayes assured him his job had not been jeopardized.

Chief Deputy Attorney General Conrad Hafen said he couldn't prosecute Strickland because there wasn't enough information, and he sent the case back to Olsen last month.

"We couldn't prove the case beyond a reasonable doubt," he said.

Strickland said she thought the complaint was irrelevant.

"I don't hold it against him (for filing the complaint)," she said. "If he really thought I violated the charter, he had the right. I have a concern when someone's trying to prosecute me for something that does not apply."

As for the complaint against Malmstrom, filed Sept. 18 by resident Joe Roche, Olsen said he would have dismissed the case himself.

"I wouldn't be able to assert probable cause she committed any kind of crime," he said.

Roche, who owns a Las Vegas recycling company and lives in Boulder City, alleged Malmstrom violated state election law in July by appointing him and several others to ballot committees without the approval of the City Council.

The Clark County Commission in June charged Malmstrom with finding committees to write general election ballot arguments for and against a property tax to benefit the Boulder City Hospital and to have them appointed by the council. She appointed the committees herself.

Roche in his complaint claimed Malmstrom violated Nevada Revised Statutes 295.121, 295.217 and 293.800.

Chief Deputy District Attorney Christopher Laurent said he dismissed the case because Malmstrom didn't break a law.

"Because of the statute, there's no duty imposed on that person to do anything," he said. "It doesn't appear there was any intent for her to violate the law."

Malmstrom declined to comment on the matter.

Cassie Tomlin can be reached at 948-2073 or [email protected].