Las Vegas Sun

March 19, 2024

Complaints from disputed NLV election still winding through system

North Las Vegas Councilman Wade Wagner during a meeting at the North Las Vegas City Hall on Wednesday, Sept. 7, 2011.

North Las Vegas Councilman Wade Wagner during a meeting at the North Las Vegas City Hall on Wednesday, Sept. 7, 2011.

Richard Cherchio

Richard Cherchio

Controversy continues to swirl in the aftermath of the June 7 North Las Vegas Ward 4 election.

An ethics complaint against Mayor Shari Buck and three separate lawsuits have stemmed from the general election, which current Council member Wade Wagner won by one vote against then-sitting Council Member Richard Cherchio, leaving the city to foot the bill for litigation surrounding the ordeal.

Wagner received 1,831 votes and Cherchio got 1,830 in the June election. It was later discovered that one illegal ballot was cast in Precinct 4306, but it was impossible to tell who the person voted for.

The City Council voted to hold a new election, but Clark County District Judge Elizabeth Gonzales ruled in favor or Wagner and stopped the election, allowing him to step into the Ward 4 council seat he has held since July 18.

According to City Attorney Jeffrey Barr, the city had to hire an outside attorney to represent the city to avoid any conflict of interest. Attorney Matt Griffin, who is paid $175 an hour by the city, has been handling the lawsuits. Barr said Griffin is paid through a city self-insurance budget funded by taxpayers.

The first lawsuit came when Cherchio contested the election. At the time, his lawyer, Bradley Schrager, said the one invalid ballot cast legal doubt on the results of the election and that at least two other voters were permitted to cast illegal ballots. The case is ongoing.

Wagner later filed a lawsuit against the city requesting it pay $72,000 in attorney’s fees he accumulated while fighting for his council seat. At the time, his lawyer, Todd Bice, said “the city did not have the legal authority to deprive him of the office.”

According to court documents, the city argued the councilman’s request was “absurd” and that a special election would have only cost taxpayers $2,000. A hearing on the continuing case is scheduled for Dec. 8 in front of Clark County District Judge Allen Earl.

The third lawsuit stemmed from an alleged open meeting law violation in which former Mayor Mike Montandon and North Las Vegas resident Jay King sued the city for not including on council meeting agenda that members would be discussing a new election.

Originally, the two requested that the city pay $12,852.50 for their attorney’s fees after the judge issued a temporary restraining order blocking a council meeting on the election.

But Griffin said the city refused to pay after it learned Montandon filed the request for attorney’s fees after he consolidated his lawsuit with Wagner’s. The city was eventually ordered to pay Montandon and King $40,000 in attorney’s fees from the self-insurance fund.

At the same time, North Las Vegas resident Scott Sauer filed an ethics complaint July 31 against the mayor, alleging conflict-of-interest violations.

The complaint accuses the mayor of not fully disclosing the reason why she abstained from a council meeting to discuss whether or not the council should canvass or hold a special election. It also accuses the mayor of attempting to influence and direct the discussion on an item she was abstaining on. A call to the mayor was not immediately returned.

“The actions of our Mayor have permanently damaged the reputation of this great city,” Sauer said in his complaint and requested the Nevada Commission on Ethics to take appropriate action.

The commission will hold a hearing on the complaint Dec. 14.

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