The Silver Springs GID board, known for its contentious issues, began 2007 with a new one - whether Kay Bennett can legally serve on the board to which she was elected.
Bennett, who received 271 votes or 14.37 percent, the third highest in the November election for four GID board members, is also co-manager of the Silver Springs Airport LLC, which has a contract with the GID to dispose of effluent from the district's wastewater treatment plant.
Chairman Bob Freeman requested attorney Kevin Walsh investigate whether Nevada law allowed her to serve on the GID board since as co-manager she was party to the effluent disposal contract.
Walsh's opinion was that Bennett could not serve on the GID board because of the prior contract with the Silver Springs Airport LLC. He based his opinion on NRS 318.0957, which he said forbids a person on a board to hold an interest in any contract made by that board.
The board voted 2-1, with Bennett abstaining and Trustee Chrysti Barbee absent, to send a letter to District Attorney Bob Auer requesting a legal finding on whether Bennett can serve. They also request a meeting between Auer and Walsh to discuss the issue.
Bennett said she welcomes the opinion of the county district attorney in order to put the matter to rest, but said she was elected by the people and has a duty and responsibility to them to serve.
She added she believes her only legal issues are that she must publicly disclose that she is co-manager of the Silver Springs airport LLC when dealing with matters pertaining to the effluent reuse agreement and refrain from voting on any matter that involves the airport.
Auer said he spoke with Bennett previously and didn't see anything to prevent her from serving.
"She can't be interested in the contract, but it doesn't look to me like it precludes her from sitting on the board," he said. "The Silver Springs GID board does a lot of other things besides deal with the airport. If any of those items came before the board, she has to look at the ethics laws and ask whether she has to recuse herself."
Auer said he interpreted the law to mean she could not vote or participate in anything involving that contract, though he admitted the fact that the contract was in effect before she took office could be relevant.
Auer said that since Bennett was elected by the people, the only thing that could remove her from the board was a court order.
Auer said he plans to assign a deputy district attorney to serve the GID, as well as other boards, but in the middle of the transition he hasn't had the opportunity.
The board refrained from voting on other agendized items until Bennett's status was settled.
• Contact reporter Karen Woodmansee at kwoodmansee@ nevadaappeal.com or 882-2111, ext. 351.
Silver Springs GID Board members
Chrysti Barbee
Kay Bennett
Robert Freeman
Trudi Kolsch
Robert Wells