School Board complaint to be revisited

CARSON CITY -- E. Louis Overstreet has filed an appeal with the state Ethics Commission to overturn its decision to impose a $1,500 penalty against him for pursuing a frivolous complaint against Clark County School Board member Susan Brager.

Overstreet, in his petition for reconsideration, said he has evidence to submit to the commission to show its disciplinary action was not justified. The commission agreed to hear the case again at its Oct. 15-16 meeting in Las Vegas.

The commission, in a written decision released Thursday, said Overstreet tried to misuse the Ethics Commission because he was angry at Brager because he was not selected as a construction consultant for the school district.

The opinion, signed by Vice Chairman Mario Recanzone, said, "We conclude that Mr. Overstreet made false statements to this commission and that he did so in bad faith with the intent to vex Ms. Brager.

"Such a blatant misuse of this commission's processes deserves and necessitates an appropriately stiff sanction," Recanzone wrote. Overstreet was ordered to pay $1,500 to the Clark County School District to reimburse it for the time its lawyer, William Hoffman, spent representing Brager.

Recanzone said, "This commission will not be used as a weapon to further anyone's private aims. We are not a forum for speculation, innuendo, rumor-peddling or vituperation."

Brager served on a selection committee that interviewed and made recommendations for applicants for a construction consultant for the district. Overstreet, who bid on the job, said Brager improperly awarded the contract herself without bringing the issue to the School Board.

Brager initially said the School Board had given the selection committee the authority to choose a consultant. The Ethics Commission said there was confusion about the jurisdiction. But the confusion was cleared up at a meeting of the School Board on March 25 this year in which it was clearly stated the board would decide the contractor.

The Ethics Commission said Overstreet was at that meeting.

Four days later Overstreet asked for an opinion from the commission whether Brager had violated the law by unilaterally awarding the contracts for a combined $85,000 to Resolution Management and Leland Pace without School Board approval.

The commission said the School Board met again April 23 and made its decision on the consultant contracts. Overstreet was at the meeting.

Yet Overstreet never withdrew his complaint against Brager, despite the fact he had been at two board meetings where members, not just Brager, said they would award the contract.

Overstreet challenges this. He said Thursday that the tape recording of the March 25 School Board meeting show it was unclear whether the board would award the contract. He said he will present that tape recording to the Ethics Commission.

And he added, "There is no way in hell I will pay this fine." He said former Chairwoman Mary Boetsch was apparently out to get him. He said that no other person who has been fined for filing a complaint has paid the penalty assessed by the commission.

The ethics commission has also turned over the case to the Clark County district attorney's office for possible prosecution of Overstreet for bringing a malicious complaint.

The commission on Thursday also released the written opinion in which it fined Sam Dehne of Reno $5,000 for bringing frivolous complaints against Reno Mayor Jeff Griffin and Krys Bart, executive director of the Reno-Tahoe Airport Authority.

Dehne was ordered to pay the fine by July 30, but he told the commission he was not going to make the payment.

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