Category Archives: Legal Issues
Is The Incline Village General Improvement District (“IVGID”) Permitted to Maintain Someone Else’s Property (Here The County’s East-West Parks), And Involuntarily Assess Local Parcel Owners The Costs?
Do The District’s Recreation (“RFF”) And Beach (“BFF”) Facility Fees Violate Article 4, Sections 20-21 of The Nevada Constitution?
We begin our discussion with the acknowledgment that “the Nevada Constitution is the ‘supreme law of the state,’ which ‘control[s] over any conflicting statutory provisions.’” As such “we recognize that the Legislature is endowed with considerable lawmaking authority under Article … Continue reading →
The Incline Village General Improvement District’s (“IVGID’s”) Strategic Plan is Worthless For Any Purpose Other Than Propaganda
As elsewhere stated, in Nevada GIDs are limited purpose special districts. Meaning their powers are limited to those expressly provided by statute and none others1. And if you the reader examines the powers which have actually been granted to IVGID, … Continue reading →
Do The Incline Village General Improvement District’s (“IVGID’s”) Budgets Guaranty Staff Will Not Spend Public Monies, Nor Incur Public Liabilities, Nor Enter Into Public Contracts Which By Their Terms Involve Expenditures in Excess of Those Expressly Appropriated?
Many residents mistakenly believe District staff’s expenditure of public monies is protected from inappropriate financial deceit/manipulation/wrongdoing simply because: those expenditures must be budgeted to be appropriated; District budgets must be filed with the State; and, it’s unlawful for staff to … Continue reading →
Do The Incline Village General Improvement District’s (“IVGID’s”) Audited Financial Statements Provide The Reasonable Assurance They’re Free From Material Misstatement?
Many residents mistakenly believe that the District’s financial transactions and reporting are “top notch” because year-after-year we receive “clean audits.” However, by abdicating to our staff (the very people being audited), its responsibility to provide independent “assurance” that the District’s … Continue reading →
Are The District’s Recreation (“RFF”) And Beach (“BFF”) Facility Fees Really Taxes Because They’re The Product of Annual Resolutions The Equivalent of Special Or Local Laws Which Operate Non-Uniformly Throughout The State?
Yes they are! This one is going to be a bit difficult to follow. But hang in there and let’s go step-by-step. “The Nevada Constitution is The ‘Supreme Law of The State: which `control[s] over any conflicting statutory provisions.’” “It … Continue reading →
Does The District Have The Power to Exclude or Exempt Anyone or Any Property From Paying The Fees it Adopts?
No it doesn’t! The District’s Exemptions From Paying The RFF/BFF Are Not Allowed Under NRS 318: We expect the District will continue to exempt favored collaborators, including itself, from paying the RFF/BFF notwithstanding nowhere in NRS 318 is it allowed. … Continue reading →
Are IVGID’s “Central Services Cost” Transfers What IVGID Staff Tell Us They Are?
No it isn’t! As we’ve discussed elsewhere, according to staff their central services represent “services provided by the General Fund under Board policy.” And central services cost transfers represent payment for those services which are allegedly furnished to other District … Continue reading →
Is The District in Violation of The Local Government Budget and Finance Act (“LGBFA”) Because of Its Failure to Create New Major Reporting Funds For Ski, Champ Golf And Possibly Mountain Golf?
The answer is yes! As elsewhere stated, the District is subject to the LGBFA, and the Governmental Accounting Standards Board’s (“GASB’s”) standards. GASB Statement No. 34 instructs that “major funds are funds whose revenues, expenditures/expenses, assets, or liabilities (excluding extraordinary … Continue reading →