This time it’s in writing.
According to Anjeanette Damon, the Governor will not be handing in a report about his legal defense slush fund 2.0.
Ah, but GIbbons signed a form wherein he promised to produce the report today. Go look it up here.
Now, I grant that the provisions of the law state that reporting periods for the legal defense fund are the same as those for campaign finances. That means during a year that an elected official is not running for office, they only have to file one report in January, which Gibbers did.
However, go have another look at the Legal Defense Fund Statement of Formation that the governor signed. It says
“Pursuant to NRS 294A.120, 294A.200, and 294A.360 Legal Defense Fund Contributions and Expenses Reports are required to be filed on January 15, 2008; August 5, 2008; October 28, 2008, and January 15, 2009.
“I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct. I further understand that a willful violation of NRS 294A is a category E felony”
And then comes Gibbons’ signature. One of ‘em, anyways.
So, here’s the fun part. Whoever in the SoS office typed up the form was, in fact, wrong. Gibbons only has to file the three reports during years he’s running for office. Other years, he has to file once as long as he’s in office.
However, Gibbons signed, under pain of perjury, that the “foregoing is true and correct.” If he wants to now claim that it is not “true and correct” than he’s committed perjury, correct?
Book ‘im, Miller! Or Masto. Whoever.
Whether there’s a felony violation of NRS 294A if the governor doesn’t file is a murkier matter. I would guess, and my opinion is worth about as much as the Gube’s signature, that there isn’t a violation.
Now, it seems that there can’t be a unilateral decision on the part of the governor not to file given he didn’t bother reading the paper that he was signing, and he ended up promising to produce the reports. I call upon the Secretary of State to render a formal opinion on the matter.
And if the guber had an ounce of integrity, he’d keep his written promise to the people of Nevada and produce the reports whether he’s ultimately required to do so by law or not.
Okay, how about an atomic mass unit of integrity?