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Gibbons asks for ethics complaint to be dismissed as 'wild hearsay'

CARSON CITY -- Republican Gov. Jim Gibbons has urged the state Ethics Commission to ignore "wild hearsay" and dismiss a state Democratic Party complaint alleging that he abused his position to get a big tax break on 40 acres he owns in eastern Nevada.

Gibbons, in a letter released Thursday by the commission in line with the governor's request that it be made public, said Democrats didn't comply with a rule that requires an ethics complaint to be backed up by more than "a newspaper article or other media report."


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  • The governor said the rule prevents "partisan ethics complaints, such as this one, that are based on nothing more than wild hearsay and unsupported accusations, and designed to do nothing more than grab cheap headlines and damage the reputations of public officials."

    The Associated Press reported in July that Gibbons got the tax liability on the property in scenic Lamoille cut from about $5,000 to $39.71 by having it assessed as agricultural rather than residential property. He bought the property for $575,000 a year ago from former judge Jerry Carr Whitehead, who owns 3,000 adjacent acres.

    Elko County Assessor Joe Aguirre has said he felt pressured to allow the agricultural designation after Gibbons visited him in his office last fall, and then attorney John Marvel, a member of the state Tax Commission, submitted an application and letters on Gibbons' behalf.

    Aguirre said although the governor's property had been used for ranching, once it was sold as a separate parcel it didn't qualify for the tax break because the parcel was too small to be able to gross $5,000 in annual agricultural income.

    Gibbons said in his letter to the Ethics Commission that there's no evidence that he acted "in any way differently than any other landowner would act: I bought a piece of property that had an agricultural use assessment, and I applied to continue that assessment, which it was entitled to receive."

    "The complaint gives no evidence that the assessment was improperly requested or that it should not have been granted," he added. "It cites no examples of similar parcels with similar quality and similar use being denied the assessment."

    Gibbons also said he had only one conversation with Aguirre and "I certainly did not make any threats nor did I even make any innuendoes concerning any repercussions concerning his decision."

    The governor said he didn't get a clear answer from Aguirre on whether he qualified for the tax break, and so contacted Marvel for help. He defended Marvel's involvement, saying that his status as a Tax Commission member "does not preclude Mr. Marvel from also following his profession as an attorney, and I retained him for his legal expertise, much as many residents of Elko do."

    Instead of approving the agricultural designation, Aguirre did nothing, letting it take effect by default for one year. The governor will have to reapply next year to receive it again.

    Tax commission members are appointed by the governor. Marvel has served on the commission since 1990, and was last reappointed by former Gov. Kenny Guinn in 2005.

    The commission oversees the Department of Taxation, setting regulations, enforcement and audit policies.

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    NLV Resident wrote on August 10, 2008 01:42 AM: Gibbons' statement about retaining John Marvel to address the situation sound so farcial on its face! Are you telling me that there is not ONE other tax attorney who could have assisted with this case? Anyone who is not a sitting member of the Tax Commission - the very board with oversight of county appraisers and that can overrule a county appraiser? Please! He is so obvioulsy a hypocrit! And it appears that Gibbons got used to being invisible in WDC and cannot handle the limelight he's thrown himself into! What a disgrace!


    ths wrote on August 08, 2008 05:59 PM: Email to recallgibbons@yahoo.com

    Looking to build an impeachment team.

    Need all that can get signatures and a little bit of time to email.

    I am looking into the recall process and looking to team up with other organizers. We can't wait anymore.


    Step up wrote on August 08, 2008 05:37 PM: Would someone from the 80% who disapprove please get rid of this guy. Some GOP or Dem should take a stand and get rid of this habitual liar before the next Leg.
    I am still waiting for his 21 point plan and a decent reporter to actually do some investigative work.
    I think Gibbons legacy as the first impeached Governor, would fit him nicely.
    His FREE ride needs to come to an end!


    joe wrote on August 08, 2008 04:27 PM: Dim Jim calls this "wild hearsay"? Maybe Gibby needs to be dismissed from his job for being a "wild arse".


    joe wrote on August 08, 2008 04:20 PM: Heee Yaaa wildbill, here we go, it's been far too long, nearly a week without hearing the Lubby Gubby lie. From this article:

    "Gibbons also said he had only one conversation with Aguirre and "I certainly did not make any threats nor did I even make any innuendoes concerning any repercussions concerning his decision."

    I though Jim "Dim" Gibbons said he had more than one conversation with Aguirre in past articles, can't remember where though, now it's only one? I think Dim might be lying again.

    Dim may have not directly threatened Aguirre, he just sent Aguirre's boss to do it instead. Dim was just doing what any taxpayer would do? Yea, only those rich taxpayers who are juiced and dishonest. Especially in these hard economic times when citizens are being asked to go with less but pay more for everything, our Gubby is too dense and dishonest to see that doing the right thing (agreeing to pay his fair share) might help him out politically and personally. Dim is so used to lying it becomes an automatic response for him and now he can't admit he made a mistake to without looking like a huge lying hypocrite because of his denials.


    jpcortez wrote on August 08, 2008 12:07 PM: This governor is a crook. If he didn't do anything wrong, pay the taxes like everyone else in this state does and quit trying to get something for nothing. It called "Leadership", governor, try it sometime.


    factsdohelp wrote on August 08, 2008 11:34 AM: Thanks dave404, for providing legal info regarding this matter. I scan through these submissions when I see a damning story, and I look for stuff like your entry which provides facts and procedures instead of opinions and bluster (venting). Your data is the REAL damnation in this bruhaha...recall the mid-life crisis Goverloser!!


    dave404 wrote on August 08, 2008 09:01 AM: 1. Gibbons now claims he had one conversation with the assessor; yet in published reports Gibbons claims to have spoken to Aguirre at both assessor's office and at the Elko County Fair. Gibbons is clearly not telling the truth in at least one of his strories...which story will he tell under threat of perjury?

    2. Why has the Governor not released his application for the agricultural assessment- including supporting documents that are required by law and which requires more than proof of >$5,000 net agricultural income-like his and the judges IRS Schedule "E' and "F" filings?

    3. According to NRS 361A the agricultural assessment approval has to be recorded, in this case with Elko County Recorder's office, and while many other peoples land is correctly recorded as agricultural, there is NO record of Gibbons application being filed with Elko County Recorder.

    So; where are the APPROVED application and the Elko County Recorder filing, without which the law does not allow for an agricultural assessment?

    Surely there is one competent reporter in the whole of Nevada that would ask to have a copy?!


    wildbill wrote on August 08, 2008 08:58 AM: Wade...the Lovenor made his private life public once he began playing grabass out in the open. Hipocrites like him deserve to be satirized at every opportunity. It is my duty as someone who PAYS his property taxes and doesn't try to weasel a deal to call out all these specimens. Now on a lighter note....
    Jimbo, it's the weekend buddy, was wondering if you are gonna be down this way to see McCain, or are you still on his s**tlist? I was gonna see if you wanted to "swing" by the Green Door and give me some pointers????


    ths wrote on August 08, 2008 08:51 AM: recallgibbons@yahoo.com

    Looking for people looking to help. Email and I will work to organize everyone with the other groups.


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