Douglas County Commission Chair engages in yelling match, shuts down public comment regarding roads project during board meeting

An agenda item regarding the funding of Muller Parkway unraveled with Douglas County Commission Chair John Engels cutting off multiple public comments in possible violation of Nevada's Open Meeting Law as well as engaging in yelling between himself and his constituents during the Douglas County Commission meeting held Thursday.

The issue in question pertained to $1.1 million which was designated during a December board meeting to be transferred to the RTC fund from the general fund in order to provide funding for the Muller Parkway project. This was interpreted by many in the community as the board deciding to take back the money and not fund the project, leading to several public comment attempts.

However, when the item was presented, Chairman Engels stated that instead of discussing the transfer, which would take the funds for Muller Parkway back from RTC and return them to the general fund, the commission would instead be discussing where the money came from originally. Engels stated multiple times that he was concerned that the money was taken illegally from CARES Act money, which was disputed by both the county manager as well as fellow commissioners.

Agenda Item 14 was printed as follows for the Feb. 18 meeting:

For possible action. Discussion to adopt Resolution 2021R-018 approving the transfer of $1.1 million from the County's Regional Transportation (RTC) Fund to the County's General Fund to reverse previous Board action on Resolution 2020R-126 to fund the Muller Parkway design. (Chairman Engels) FOR PUBLIC COMMENT

“This is a little bit of a misdirection for the agenda item,” said Engels. “This has nothing to do with the overall design of roads, developments. Its a question of the $1.1 million that all of a sudden appeared. It’s not a budget item and we want to know how its being allocated and what we’re getting for our money before we start dispersing funds. That’s it, nothing else.”

Commissioner Danny Tarkanian asked Engels if he could clarify what he was asking for.

“It gives the impression it’s going to not fund the Muller Parkway,” said Engels. “That’s not the intent. The intent is to just, before it’s dispersed to establish where and how it arrived at being available. It didn’t exist, it wasn’t a budget item, where did it come from; it was diverted from the CARES act fund, and we want further verification where it came from.”

The item was then opened for public comment. The first public commenter was Aaron West, CEO of the Nevada Builders Alliance.

“I’m confused, based on how you describe this item and how its agendized, it says ‘for possible action on approving to withdraw $1.1 million from RTC ...“ West began.

“I just said that’s not the intent and it wasn’t right in the agenda,” interrupted Engels. “The agenda is to find out where the money came from before it dispersed.”

“Can we clarify it’s not an action item then? And it’s just for discussion?” asked West.

“No, it is an action item,” said Engels. “Okay, we’re done. Thank you for your comment.”

“Don’t I get two minutes? At least?” asked West.

“No, you’re going off in a different direction other than what the intent is,“ said Engels.

“Sir, let me explain my position,” said West. “The county entered into an agreement for the design of Muller Parkway. To go back and re ... "

“We are not reneging on any of that,” interrupted Engels. “These funds do not have to be dispersed all at once. We’re not reneging on contracts. You’re going in the wrong direction. Next person.”

Steve Teshara from the Tahoe Chamber was also cut off during his public comment on Agenda Item 14.

“I just want to register an objection to how the chair started this item, by changing the language that is actually on the agenda,” said Teshara. “We support Muller Parkway and the money going to it ... “

“I’m cutting you off,” interrupted Engels. “You’re going in the direction we don’t want to go. I told everyone beforehand that’s not the way we were going. It has nothing to do with parkways or you supporting anything.”

One speaker didn’t get through his first sentence before Engels cut off his public comment, leading to a shouting match between the two. 
The man, identified only as Carlo, stated: “I find it offensive, Chairman Engels, the way you’ve treated the two people who called in who disagreed with your position ... “

“Cut him off,” Engels interrupted.

“Stop it, I am going to speak ... “ the man identified as Carlo shouted, but was quickly shouted down by Engels who ordered him to be cut off by the mediator of the online meeting.

“He started this at the NNDA meeting,” Engels said once the man identified as Carlo had been hung up on. “It was a despicable action on his part. Next person.”

Two of the five callers were allowed to finish their comments without interruption.

The first was Jim Slade.

“I think the problem is one of optics,” said Slade. “The optics were terrible and could have been avoided and explained much better. A couple of months ago item 8 was to transfer from CARES funding to general fund. The item immediately following, number 9, was to transfer 1.1 million from the general fund, the exact same amount, to be used for Muller Parkway. The obvious appearance there was that 1.1 million dollars from CARES funding was going to Muller Parkway which would have been a violation of the CARES Act funding.”

The second was Charles Holt.

“I’ll try to be careful with what I say here,” said Holt. “The action itself and its proposal is troubling to me and it’s perplexing. I would like to know better what the true purpose of this proposal is. Mr. Cates has already explained to the Board before so evidently, Mr. Engels, you don’t understand where the money is coming from, because you have stated that on social media. I’d like Mr. Cates to re-explain to everyone where exactly the money came from and I’d like, Mr. Engels put on social media saying it was illegal, and I’d like that discussed by the deputy assistant attorney.”

County Manager Patrick Cates stated that where the money for the Muller Parkway fund had been discussed multiple times with the commission both in public and private meetings, including the public meeting in December when the transfer of money to the RTC fund was approved.

“The source of the $1.1 million has been discussed on the record on multiple public and private meetings,” said Cates. “There is no misappropriation of county CARES Act funds. The $1.1 million transfer to RTC was legal and duly authorized by the Board of County Commissioners in December. All funds were reviewed and approved.”

Commissioner Tarkanian stated that the CARES Act money simply freed up other, previously budgeted items, and Cates stated that CARES Act funds were placed in a completely separate fund, so that they could only use them for approved funding.

“I’ll make it as simple as I can,” said Tarkanian. “CARES Act money is specified for certain purposes. Some of those were for items the county had already budgeted. So when the CARES Act paid for some of those items already budgeted, the budgeted items went to the general fund. So that’s where the money came from.”

Cates also stated that the item was a budgeted item because it became so when it was approved in December, going against Engels' multiple allegations both in the meeting and on social media that the item was unbudgeted or illegal.

“Suggestions that CARES Act funds have been misappropriated have no merit and cast an unfair and unwarranted cloud over county staff, specifically myself and CFO Terri Willoughby who have worked tirelessly to ensure CARES Act funds are handled appropriate in conformance with the terms of the state grant.”

Cates said that he and Willoughby have taken their fiduciary responsibilities seriously to make sure that the CARES Act money was managed appropriately.

“I asked you last time, was this a budgeted item?” asked Engels.

“When it was approved by the board in December it became a budgeted item so yes, it was a budgeted item.”

“I don’t recall it being on the budget,” said Engels.

“I want to find out where this came from and who approved it," said Engels. "And this hasn’t been established yet. We want to hold the money until it’s time.”

"I don't understand what the issue is," said Tarkanian. "The funding has been explained."

Many who witnessed the meeting stated on social media that they felt Engels's behavior was in violation of Nevada’s open meeting laws, by cutting off those who had called in to give public comment.

NRS 241.020 states that meeting agendas must contain periods devoted to comments by the general public, if any, and discussion of those comments. Comments by the general public must be taken:  

                  (I) At the beginning of the meeting before any items on which action may be taken are heard by the public body and again before the adjournment of the meeting; or  

                  (II) After each item on the agenda on which action may be taken is discussed by the public body, but before the public body takes action on the item.

It also states that any restrictions on comments by the general public must be provided in the agenda. Any such restrictions, it states, must be reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based upon viewpoint. No restrictions of comments were provided within the agenda, either on Item 14 or elsewhere.

By refusing to allow public comment on the agenda item, it appears that Engels and the board are in violation of the open meeting law.

At the end of the agenda item, the commission voted 3-2 to leave the money in the RTC fund as opposed to sending the money back to the general fund.

To view the discussion on Agenda Item 14, click the video below, which begins at 6:57:25

Engels made headlines in May after becoming involved in a fist-fight during a public meeting with another commissioner, leading to the Douglas County Sheriff's Office being called to the scene and and minor injuries. A YouTube video of him yelling at a woman during public comment also made rounds on social media in Nov. 2019.