Las Vegas Sun

March 29, 2024

Clark County renewing call to reclaim money looted by Legislature

Clark County is going to get the brush off again Tuesday in its demand the state refund $102.5 million.

On July 5 the county faxed letters to the three members of the state Board of Examiners, arguing property tax money was illegally diverted by the 2009 Legislature to help balance the state's budget.

Now, the issue is on the agenda of the Board of Examiners, comprised of Gov. Brian Sandoval, Secretary of State Ross Miller and Attorney Catherine Cortez Masto.

But the governor said the subject is up for discussion only. "There will be no vote," he said.

Sandoval said he asked for legal advice from Cortez Masto but he has been unable to talk with her personally as that would violate the open meeting law. So he will meet with a staff member of the attorney general's office Monday to be briefed.

Mary Ann Miller, county counsel for the Clark County Commission, had initially asked state Treasurer Kate Marshal to return the money. The treasurer's office refused saying it was advised by the attorney general's office it didn't had the authority to make any transfer of funds.

Miller said he has been advised there are legal issues whether the money can be returned. Masto refuses to discuss the case, saying the advice given by her office is confidential because of the client-attorney privilege.

Washoe County has also filed a demand for return of $21.4 million.

The counties are basing their request on a ruling by the Nevada Supreme Court that held the decision of the 2009 Legislature to divert $63 million from the Clean Water Coalition was illegal.

Miller said because the 2009 law "unconstitutionally diverted money from the county of Clark and deprived its citizens from its intended beneficial use, those funds must be returned to the county."

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