DA calls group's charges meritless

More legal tanglings have sparked the Washoe County District Attorney's office to speak out against Village League to Save Incline Assets this week.

The validity of the league's contention that Assessor Robert McGowan should lose his job is currently being reviewed by the state supreme court.

During this review last week, the league filed a motion that the DA's office be removed from representing McGowan in the malfeasance case, a move which the DA's office characterized as "meritless" on Tuesday.

"They filed a motion in front of (the judge) assigned to the case in district court, that's the relief they're requesting," said Deputy District Attorney Brian Brown. "Our belief is that they are incorrect. This motion is just as meritless as their lawsuit to have him removed from office ... ."

The league filed five separate complaints of malfeasance against McGowan. The most egregious was that McGowan ignored new tax rules in assessing property values in 2004, the group's Reno-based attorney Tom Hall said.

Because the lawsuit is for a "personal dereliction of duty" league representatives site a statute in NRS Chapter 41 that the DA "is not required to provide a defense for McGowan," said league president and Incline resident Marianne Ingemanson.

The DA's office interprets the same statute a little differently.

"The statutes are very clear that the DA must prosecute wrongdoing by an employee, appointee or an elected official of the state," Brown said. "However, it also says the DA should defend any official of being sued (if) whatever he has done was not performed or omitted in good faith."

Ingemanson said it was the way McGowan did not perform his duties that is the difference.

"Our lawsuit is he knowingly did not follow the new rules and regulations and he said so under oath," Ingemanson said. "He knowingly, under penalty of perjury, did not have the personal property forms filled out and filed correctly by the business owners in Washoe County - that effectively puts him in dereliction of duties.

"If the court agrees, the taxpayer public will not have to pay to defend McGowan."

In February the Washoe Board of Equalization voted unanimously to lift the 8 percent addition to the land tax assessment for all of the mass appellants, and it voted county assessors were not using the new assessment rules and regulations.

However, in early August that decision was partially overridden by the Nevada Board of Equalization. The 8 percent decrease was repealed. McGowan did not appeal the decision by the board of equalization at the state level that the rules and regulations had not been followed.

Both the district court judge is anticipated to rule within the "next couple weeks" Brown said.

When asked hypothetically if the league would give McGowan any grace period to seek private council should the decision be levied that the DA cannot defend McGowan, Ingemanson responded:

"... Not one minute."