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Gibbons didn't pressure assessor

Investigator: Facts don't back complaint against governor

CARSON CITY -- There is no evidence that Gov. Jim Gibbons pressured an Elko County assessor into giving him an unwarranted tax break on ranch land he purchased near Lamoille, a state Ethics Commission investigator said Wednesday.

Investigator Mike Vavra, who interviewed Gibbons, retiring Assessor Joe Aguirre and others, said the evidence does not support allegations that Gibbons and his lawyer, John E. Marvel, pressured Aguirre into reducing his property taxes on 40 acres of rangeland to $39.71 from what Vavra said was a possible $1,893.


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  • Previous reports put the higher figure at close to $5,000.

    Vavra's findings are crucial since they will be reviewed during a 9 a.m. Sept. 11 hearing when Ethics Commission members Tim Cashman and Erik Beyer decide whether there is sufficient evidence to find that Gibbons pressured Aguirre to give him an agricultural use assessment on his Lamoille land.

    If they do, the case will go before the full Ethics Commission where Gibbons could be charged with breaking state ethics laws.

    State Democratic Party Executive Director Travis Brock filed complaints against Gibbons and Marvel after The Associated Press in July quoted Aguirre as stating he felt uncomfortable and pressured by the governor and Marvel into giving Gibbons a tax break.

    But Vavra, in a report released by the Ethics Commission, said that was not the case and in his opinion Gibbons qualified for the lower tax.

    Agricultural land is assessed at lower rates than other property as long as it can be shown that the land produced $5,000 in revenue.

    "Like any other citizen, Gibbons has a right to apply and receive an agricultural use assessment if his land qualifies," Vavra wrote.

    Gibbons' press secretary Ben Kieckhefer said Vavra's findings make it clear that the governor never did anything inappropriate.

    "This was a political move by the Democratic Party and nothing more," Kieckhefer said.

    "It is a shame the Democrats are focusing on frivolities and have offered nothing to solve the worst fiscal crisis in the history of the state."

    Brock could not be reached for comment.

    Gibbons bought the land for $575,000 in August 2007 from former Washoe County District Judge Jerry Carr Whitehead.

    Gibbons' 40 acres is part of a larger cattle ranch owned by Whitehead.

    Since he is not using the land now, Gibbons leased it back to Whitehead so he could continue to graze his cattle on the unfenced property.

    Gibbons said he wants to build a home on the property and retire there.

    In his report, Vavra said Gibbons' land does not have to earn any income, since it still is being used as part of Whitehead's ranch and that ranch produces more than $5,000 in annual income.

    Nonetheless, according to the Elko County assessor's own calculations, Vavra said, Gibbons' property alone would receive $6,444 to $8,524 a year in agriculture income.

    He said Aguirre never asked Gibbons for a copy of his lease with Whitehead, nor did he take steps to confirm that Gibbons actually had cashed two checks totaling $5,777 that he received from Whitehead under their lease.

    Those checks were cashed by Gibbons on Aug. 29, 2007, and $4,227 on Jan. 24, he added.

    Aguirre told Vavra during an Aug. 21 interview that Gibbons did not pressure him when he inquired about the agricultural use classification on Sept. 1, 2007

    "There was no pressure," Aguirre said in transcripts released by the Ethics Commission. "I mean I have respect for the man. ... He didn't do anything that would (have) put pressure on me."

    But Aguirre said he later felt uncomfortable when Gibbons hired Marvel to handle the tax matter.

    Marvel also serves on the state Tax Commission, and Aguirre said Elko County lost a $65,000 case before the commission, which handles appeals of county assessors' tax decisions throughout the state.

    Aguirre said he always has had trouble getting Marvel to produce records he needs to determine whether people qualify for the agriculture classification.

    Marvel still has not produced land lease records in Gibbons' case, Aguirre said.

    Gibbons, however, told Vavra that he did not know Marvel served on the tax panel when he hired him as his lawyer.

    Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775- 687-3901.

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    Johnny_S wrote on September 04, 2008 10:05 PM: Ted, please show it to me...I must be blind. Show me the direct quote where it says that lease is not required.


    rohnkohl wrote on September 04, 2008 08:16 PM: Jen,your potty mouth turns me on.
    Where did you learn that from,your mommy or daddy?
    I'll be waiting for your next post.


    ted wrote on September 04, 2008 07:46 PM: Johnny S,
    Go to page 7 of the report where the investigator DOES say that no lease is required!


    landy wrote on September 04, 2008 07:44 PM: Ron K wrote on September 04, 2008 08:42 AM:
    "NAC 361A.130 Application: Additional documentation. (NRS 360.090, 360.250, 361A.110, 361A.120) Additional documentation may be requested by the assessing authority relating to a determination of agricultural pursuit or conducting a business venture for profit, including, without limitation, leases, receipts or rent paid, account balance sheets, profit and loss statements, audited financial statements and federal income tax returns. Such additional documentation must accompany the application but does not need to be recorded."

    The Investigator's report says the law does not require proof of a lease, and yet there it is above in the Nevada Administrative Code; "without limitation...leases".

    The Investigator's report states that the application was never approved or denied by the assessor and that Gibbons' application sat in the assessor's office. The law requires an affirmative action by the assessor in order for the assessment ot be granted, inlcuding forwarding the approved application to the county recorder.

    Per the investigator's report, Gibbons' application was neither denied nor approved and as the investigator's exhibits do not list an approved application being filed with the county recorder, then, under the law, there can be no legal argicultural assessment for Gibbons' Elko land.

    I believe there are numerous other flaws in the report.
    Was this report a whitewash?


    Tim wrote on September 04, 2008 07:24 PM: shooting blanks,the democratic party made a lot of noise,but yet again fizzeld out again.what's new.jen,you like to make fun,but the jokes on you.any more duds you'd like to try?


    Johnny_S wrote on September 04, 2008 06:27 PM: Ron(K,

    There is nothing in the report that says there is no leqase required. He said that there is no requirement to produce any income, because it's contiguous to other agricultural property. Read it again so, you don't have to make false claims.

    As of the calculations, you looking to the right bulletin, using the right algebra, but you are on a WRONG page.
    They are talking about income produced from grazing, not the value of the land, whatever its classification is.
    You have to take in mind the cattle too.
    Don't give me wrong, but I would take the word of Chief of Assessment Standards from DOT before yours.


    Jen wrote on September 04, 2008 02:16 PM: Oh wildbill, why must you speak to Helen - Obviously her medication STILL hasn't kicked in.... It's almost mean.

    Helen sweetie, you really ought to go see your doctor again, it's just not working.... :):)


    Caroline wrote on September 04, 2008 02:03 PM: The only thing Gibbons can pressure is opening a child-proof bottle of Viagra and that whould be considered a full-day workload. He can also pressure his thumbs quicker than fellow governor Palin can to complete a text message to resign from the republican ticket. Hey - that would be a great spot for Jim - quick, someone text McCain. Gibbons for Vice-President! Then Dawn could live permanently in the mansion and make it into a mental institution and be the "First Patient."


    wildbill wrote on September 04, 2008 01:24 PM: Once again, Helen has to break it down to party affiliation. My dearest Helen, I am an Independent, capable of making my own decisions without having to be told what to do by a political party. F.Y.I...I am fully supporting McCain-Palin. I guess you have never been in a situation that no words were needed to make you feel uncomfortable? That you couldn't "get the message" without speaking? Must be tough living in a box. Hey I thought you were moving anyways???


    svs wrote on September 04, 2008 01:21 PM: Never pressured uh? Well go to PEER.com and pull up the 17p.decision that was just handed down by the U.S.Dept of Labor yesterday. Read it, your eyes will drop out of your head!!!Look at page 12, what do you call that? Who was pressuring who???
    Why isn't the media going after Gibbons, NDEP Allen Biaggi [now head of Conservation] and the Lyon Co Commissioners??? What the h---is wrong with the media? Are they blind? Have they been bought off? If the media wants to get rid of Gibbons, nows their chance!!! And while their at it, investigate good old boy Allen Biaggi. By the way he is being sued on another BLM conspiracy case involving a nevada state employee for "whistleblowing" on a BLM employee. gee, glad I don't work for this state.

    WE NEED ANOTHER GOV PALIN NOW...someone you can stand up to corruption!!!!!!!!!


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