From the dais, County Manager Eric Brown, also known as Brown-Stain (since everything he touches turns to crap), claims he’s authorized to spend $300,000 without the board’s approval.
There are numerous problems with that statement. First, we can prove he’s spent far more than that without their approval, but this is not where we will expose that.
Let’s just discuss the basic issues we see with his statement and then address the county’s attempt to defend it. When I say defend, it’s more like them telling us everything is fine, to just go away, and to trust them.
Let’s start with my last 3 NRS requests for information, where they have 5 days by law to answer. I asked for the following:
Greetings,
You made the following related public records requests:
April 25 135275
- Provide all documentation showing the spending cap and limits for Eric Brown, County Manager without board approval by vote.
- Provide all documentation showing the spending cap and limits for each Assistant County Manager without board approval by vote.
April 28 135479
- Provide documentation showing in the first six months of Eric Browns employment as county manager, all expenditures he authorized or paid out without the county commissioners board approval.
- Additionally, provide documentation for each transaction showing the detail of the spend in whatever format you currently can provide.
April 28 135480
- Provide documentation showing after the first six months of Eric Browns employment as county manager until present, all expenditures he authorized or paid out without the county commissioners board approval.
- Additionally, provide documentation for each transaction showing the detail of the spend in whatever format you currently can provide.
We appreciate your patience during the search for responsive documents. The comptroller’s office was gathering information for a similar request made by a County official.
Per Washoe County Code Section 15.490, staff has specified administrative approval authority for expenditures/expenses up to $300,000 after July 1, 2022 (Ordinance 1690). Before July 1, 2022, the administrative authority was $100,000. Staff interprets that language to mean purchase of goods and services up to $300,000 may be done by authorized staff utilizing internal policy controls and Nevada Revised Statutes 332 and 338 to dictate the method by which the goods and services are procured. No one employee approves all County purchases that are done at this administrative level as the purchases are done by different departments and with different methods (bids, RFPs, RFIs, small purchases, etc.).
There are no responsive documents to your request. The Nevada Public Records Act does not require an agency to create data or generate new documents to respond to a public records request. See NRS 239.867. A request applies only to existing records. Washoe County’s financial system does not track expenditures in the manner you requested “all expenditures he [Manager Brown] authorized or paid.” The attached document is an example of how payments are tracked.
Did you read their response? There are so many issues here. Let’s start with the fact that there’s no record of money being spent by individuals! So, what does this mean? Can they just go hog wild on our dime, and it just appears as a debt on the budget with no name corresponding to it or what it was spent for? I could dedicate an entire post to that one glaring issue alone and don’t worry, soon we will. But for this post, let’s focus on whether Brown can spend $300,000 without board approval.
Now let’s examine the $300,000 statement. They say “the staff interprets” that they can spend $300,000. The staff interprets? Who the heck is the staff? Some intoxicated lady going wild on our dime, not wanting the party to end? Of course, she’ll interpret that she’s Queen of the county and our money is now hers. Who the heck is the staff? And how do they interpret that Brown and the gang can all spend $300k a pop without approval?
I wonder who wrote the response? Was it Eric Brown-Stain himself? Notice there was no name at the bottom. Is Eric locking the doors and telling the staff to give and say nothing to us?
Let’s dive into their ridiculous and terrifying response item by item as they quote it.
They say County Code 15.490 allows them to: https://www.washoecounty.gov/clerks/cco/code/Chapter015.pdf
15.490 Purchasing and contracts manager: creation; appointment; term; staff. 1. The position of purchasing and contracts manager is hereby created. The purchasing manager shall be appointed by the county manager upon recommendation of the director of finance and serves at the pleasure of the county manager. The manager shall be appointed into the unclassified service of the county. 2. The purchasing and contracts manager is the head of the division of purchasing and shall appoint, in accordance with any applicable provisions of law regulating county personnel, such technical, clerical and operating staff as required.
Reading further, you see it says up to $100,000:
15.495 Duties of purchasing and contracts manager. The purchasing and contracts manager shall, subject to the provisions of Washoe County Code and applicable provisions of state law: 1. Purchase all supplies, materials, equipment and contractual services required by the agencies in annual amounts or estimated annual amounts of $100,000 or less, and submit to the board of county commissioners for award all purchases of supplies, materials, equipment and contractual services in annual amounts or estimated annual amounts in excess of $100,000 in accordance with the provisions of the Local Government Purchasing Act.
Reading further, you see it says:
15.530 Duties of Purchasing and Contracts Administrator. The Purchasing and Contracts Administrator shall, subject to the provisions of section 15.510 to 15.530, inclusive, and applicableprovisions of state law, purchase all supplies, materials, equipmentand contractual services required by the agencies in annual amountsor estimated annual amounts of $100,000 or less, and submit to the board of county commissioners for award all purchases of supplies, materials, equipment and contractual services in annual amounts or estimated annual amounts in excess of $100,000 in accordance with the provisions of the Local Government Purchasing Act.
Nowhere did it say more than $100,000, did you catch that?
They then point to Ordinance 1690, saying it gives them the power: https://library.municode.com/nv/washoe_county/ordinances/code_of_ordinances?nodeId=1173306
Guess what? It says that he can spend up to $300,000. But can he? Or did they just make crap up? Stay with me.
They then refer to NRS 332 and 338, without citing any specific statute. That’s bonkers all by itself! Picture the conversation in your mind going something like this:
Person A: “The NRS says I can.”
Person B: “Okay, show me where.”
Person A: “Um, 332 and 338.”
Person B: “Alright, but what part? That’s like thousands of lines in fact NRS 338 alone has 57,000 words… that’s more words than all the books written from Paul in the Bible. Additionally, none of it seems to apply… Show me the part you say it does.”
Person A: “Um, it’s there. Trust me, it’s good. We’re good.”
It’s like they’re trying to dodge the question with vague references, hoping we’ll just trust them without any real evidence!
https://www.leg.state.nv.us/nrs/nrs-332.html
https://www.leg.state.nv.us/nrs/nrs-338.html
But after all that, guess what? It doesn’t say $300,000 at all, either!
You want to know the best part about all of this? Nowhere, except for some fly-by-night COVID ordinance, do they appear to have this power. You know what’s crazy about ordinances if they are in violation of the NRS? They are ILLEGAL!
Don’t take it from me; here’s some proof:
Flores v. Las Vegas-Clark Cnty. Library Dist., the court stated that any ordinances or regulations made by political subdivisions of the state that are inconsistent with the Legislature’s rights are “null and void.”
The case of Lamb v. Mirin further supports this conclusion, as it establishes that when the legislature adopts a general scheme for regulation of a subject, local control over that subject ceases. This tells us that the Washoe County Commission would not be able to create an ordinance that violates the NRS.
Lastly, several statutes explicitly state that local ordinances cannot conflict with state law. For example, Nev. Rev. Stat. § 354.5989 states that an ordinance enacted in violation of its provisions is void, and Nev. Rev. Stat. § 444.530 states that no municipal ordinance regulating solid waste management systems may conflict with any regulation adopted by the State Environmental Commission. Nev. Rev. Stat. § 484A.400 also prohibits local authorities from enacting traffic regulations that conflict with chapters 484A to 484E of the NRS. These statutes all suggest that the Washoe County Commission would not be able to create an ordinance that violates the NRS in these contexts.
So now, even if it’s legal, where are the receipts? Where is the money going? Frankly, with the last commission board, I didn’t trust them, except for Commissioner Herman. Now, with Vice Chair Commissioner Herman and Commissioner Clark, I trust them, but I certainly don’t trust the other three members and Manager Brown. The best way for them to gain our trust? Let us verify! Show us the receipts. After all, it’s our money!
We simply can’t trust Brown-Stain, Hill-Insky, or their team. We, the people, should absolutely have the right to see where our money is going and who is spending it.
We have a serious problem in Washoe, as they refuse to be transparent with our money or our votes. It seems that it’s time to sue.
We cannot trust these people; it has become apparent. Why do you think Comrade Hill-Insky removed the opening public comment?
She despises us, anyone who tells her that she works for us and that we don’t work for her.
Brown appears to be, at best, completely incompetent. But fear not. We’ll be further exposing why we believe he’s corrupt as well.
Brown and Hill must go. It’s time for us, the people, to peacefully demand their resignation. This nonsense has to stop.
Beadles
P.S.
Aren’t you tired of watching our county circle the drain, with everyday life getting harder and more expensive for you and your family, all while these know-nothing public servants get richer and richer? I’ve had enough. How about you?
Hey Brown-Stain and Comrade Hill-Insky, where’s the people’s money really going?!
DISCLAIMER:
These thoughts, statements, and opinions are my own, not of any club, committee, organization, etc.
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