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Court order blocks North Las Vegas Ward 4 winner
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LAS VEGAS REVIEW-JOURNAL
A judge on Thursday threw yet another wrench into the effort to name an official winner in a disputed North Las Vegas City Council race.
District Judge Douglas Smith granted a temporary restraining order that prohibits the city from presenting Wade Wagner with an election certificate in the Ward 4 race.
Wagner, a 48-year-old dentist, defeated incumbent Richard Cherchio, 64, in the June 7 election by a single vote.
But after election officials discovered that an ineligible voter might have participated in the election, the council opted not to canvass the results for Ward 4 and agreed to redo the election in one precinct on July 19.
Then District Judge Elizabeth Gonzales last week ruled that the city must certify the race and couldn't hold a special election.
The City Council was scheduled to canvass the election, swear-in Wagner and present a certificate of election at a special meeting Thursday afternoon.
The council could do no more than canvass the election because of the latest court order.
"Obviously we have a little setback here," Wagner said earlier Thursday. "It looks like a delay tactic."
He did not attend the council meeting.
A hearing in the matter is scheduled for Tuesday.
Cherchio, who also didn't attend the meeting, issued a statement saying the restraining order was "necessary to ensure that we get the election result right."
Issuing an election certificate "when it's not certain who the winner is would be a disservice to the citizens of North Las Vegas, who now more than ever need the right leadership."
Cherchio also said he will seek a recount. He must do so within three business days of the canvass and will have to pay $600 to fund the recount, according to the city.
"Until that process plays out, no one candidate has the legitimate right to represent and act on behalf of Ward 4 voters," he said.
Todd Bice, an attorney for Wagner, said he couldn't see what "plausible grounds there would be for not issuing a certificate."
He was confident Judge Smith will "deal with this rather quickly once the court finds out what really transpired" in front of Gonzales last week.
Mayor Shari Buck recused herself from voting on the canvass because her husband worked for Wagner's campaign.
Councilwoman Anita Wood again explained why she had supported redoing the election. State law requires a government to deal with clerical errors discovered during an election to ensure the outcome reflects the true vote cast, she said.
Because she didn't know what the true result was, she couldn't canvass the election, she said.
The court order left her no choice, she said.
Wagner said he's anxious to get to work as the city's new Ward 4 representative.
"We'll just have to let the attorneys work this out."
Contact reporter Lynnette Curtis at lcurtis@reviewjournal.com or 702-383-0285.
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@ TheDenMan - Hmm, would this be the same George Knapp that I attempted to correspond with way back when about felony battery on two inmates at the NLV Detention Center by commissioned command officers? Investigating what I had would have been embarrassing to the NLV PD (and it still may be embarrassing when the lawsuit is finally settled for the inmate that went blind in his one eye - the inmate with the broken hip, no big deal to George or his "team" I guess; besides, he didn't file a lawsuit). George merely blew me off regarding the information I had. Plus I had something on the way NLV PD could violate a person's 4th Amendment Rights - guess that was no big deal either. And now, after reading your blog, I realize that Gorgeous George is one of the Good Ole Boys of the Nor'Town Police Department. Dang, the POA and PSA own more news people than I realized. (Side note: former Mayor Montandon, and council members Buck, Robinson, Smith & Eliason were also made aware of this; yet they didn't do one single thing except to close their eyes and let the coverup stand that was put in place. Wood & Cherchio weren't even in the picture yet; I feel the two of them wouldn't have stood still for this. Oh, the 'commissioned officer' that was on the video that disappeared - is still working for the NLV PD.) (Yet another side note: the 'missing video' resurfaced not too long ago. Oh, why don't you ask the new police chief about it, you know, the one that Mayor Buck says, "He never lies. He always tells the truth, always tells it like it is.") And if you believe that then I have a bridge I want to sell you - Brooklyn or something like that.
No doubt that Richard Cherchio is not a friend of the POA. But before you start feeling sorry for Tricky Dick, read what George Knapp wrote about his campaign:
"Another slimy campaign, this one being run by Richard Cherchio in North Las Vegas, appears to be in deep trouble. I saw some numbers from an independent poll, and it's no wonder a desperate Cherchio is mailing out hit pieces that picture his opponent, Dr. Wade Wagner, as a criminal getting a mugshot. I think karma is about to come calling on Cherchio. ... "
Definately not a 'stand up guy'. Cherchio has proven he will say or do anything to cling to power.
@ tom.p -- I really believe Cherchio would have won the election if not for the smear campaign staged by the POA. Of course the really sad part is that so few people voted in the first place.
@ Bob.Jack -- Glad you brought up Montandon's name; I'm sure it got your attention, as it did mine, when he suddenly appeared in the picture in support of Buck. What do you think about this? Do you think Mike is concerned about an investigation into the wastewater plant construction if Buck doesn't remain in control (with her POA buddies, of course)? Who in their right mind would have let a wastewater plant get started when there was NO certainty what would be done with the discharge? Would your answer be: "Someone who stood to gain personally/financially from 'under the table monies and/or 'kickbacks'?"
Hey Bob.jack which part of the election law are you quoting?
Bob.Jack - I agree with your comments about laying blame for the City's current financial mess at the feet of former mayor Mike Montandon and current mayor Shari Buck. I would also add members of the previous City Council - Robert Eliason, Wm. Robinson, and Stephanie Smith. Their collective short-sighted decision-making on costly projects like the new City Hall and WWTF are just the tip of the iceberg. Other decisions like providing gold-plated contracts for the public safety unions and former City Manager Gregory Rose are other sad examples of poor management and a complete lack of leadership. However, I disagree with your assessment of Richard Cherchio. While he may be dedicated and committed to his work as a member of the City Council, he has not been effective in representing the voters of Ward IV. Otherwise, he would have been easily re-elected. Mr. Cherchio would definitely not make a good Mayor. He does not have the communication or people skills to make an effective leader. North Las Vegas needs an extreme "political" makeover with new representatives leading the way. Time to clean out the barn!
State law gives Cherchio the right to a new precinct election. That is what should go forward. If that does not happen, then the citizens of North Las Vegas will have to act to rid their city of Buck and Wagner. Both of them are supported by the police and firefighters unions All this drama plays out as the City nears a financial collapse--compliments of former mayor Mike Montandon, and his incompetent successor Buck. Cherchio is a standup person, and would make the best Mayor. Buck has been a major disappointment and should be ejected from her job. The basis for the Gonzolez decision is not clear. The illegal vote in the Ward 4 precinct is a legal basis for a new precinct election according to the City independent counsel. NLV will end up with nothing but police ,fireman, Buck and Wagner--a true defeat for everyone. Stay tuned in, Cherchio will continue to fight. He is a dedicated , effective and full time commited public servant.
If NLV is out of money just lay off the council and the mayor and let the state take over. It really can't get worse.
This one is easy.Who ever the Union wants will be the winner.
The end .
The absolute best scenario for Cherchio in the outcome of this election would have been a tie; if the so-called ineligible vote (from a registered voter who resides in ward 4) was cast for Dr. Wagner. How would allowing a reelection for a voters in a small, predominately Democratic district possibly be a fair resolution? When Dr. Wagner challenged the unethical council decision for a revote in court, Cherchio chastised him publicly for wasting taxpayer money. What was the first thing Cherchio did when a decision didn't go his way...you guessed it, filed his own law suit. What a hypocrite. Like usual just another politician talking out of both sides of his mouth. For shame.
@ American values - First off, it's "Wagner" not "Walker," honest mistake. You go on to say, "WE need people (not parties) in office that have AMERICAN VALUES, TRADITIONS, and PRINCIPLES." I agree with your statement but possibly I have different definitions for those capitalized words you've used. And possibly there should be an election where sworn police officers aren't involved in campaign smear tactics. And most certainly having a mayor that backs up that kind of action is not the best choice. The mayor wants "her boy" in there, one that will "play ball" with her; not someone who speaks up for ALL city residents and employees, not just the "chosen ones." There are some things that have gone on over there that you probably aren't aware of; and I'm sure the mayor has some concern she may eventually be hung out to dry.