SPARKS - Ending a confusing battle with Gov. Brian Sandoval over whether he could force the Department of Agriculture's director to resign, the Agriculture Board on Wednesday voted to take Tony Lesperance up on his offer to leave the post effective Feb. 1.
Sandoval surprised Lesperance and the board in mid-December when he said the director was unacceptable and asked for his resignation.
But, unlike most boards and commissions, the Agriculture Board hires and fires the director. It appoints a director with the approval of the governor, but that statute says nothing about whether an incumbent director loses his job if a governor doesn't want him there.
Deputy Attorney General Katie Armstrong said that is the unanswered legal question.
"If you and the governor can't agree, it would be an impasse," she said.
Chairman Alan Perazzo said the board may have the statutory authority to hire and fire the director but, "if this new administration wants to make a change, I want this board to do what's best for Agriculture."
"Rules change when the governor calls," he said.
Several members said it makes no sense less than a month before the 2011 Legislature to fire the guy who knows the budget, knows the programs and can best represent the department to lawmakers.
"I don't see how we can change directors at the 11th hour," said member Charlie Frey of Fallon.
Perazzo said he suggested keeping Lesperance until the end of the Legislature but that the governor's office wanted a new acting director by Jan. 15.
Lesperance said he needs to be there at least until Feb. 1 to complete the biennial report Agriculture must send to the Legislature before each session since he's the only one with the information needed to do that required report.
Member Hank Vogler of Ely said the board hasn't gotten a good answer as to why Sandoval wants Lesperance fired.
Perazzo said the governor's senior aide, Dale Erquiaga, cited a critical legislative audit and a personnel study raising serious complaints from department workers about Lesperance's management style.
Ramona Morrison of Nye County questioned that study.
"There were a lot of allegations, and I'm not sure you ever had a chance to respond to those allegations," she told Lesperance. "Were you even interviewed?"
"No, I was not," said Lesperance.
"This department was soundly criticized and a lot of it was directed at the director and he was never questioned," she said.
Vogler and several other board members also criticized the governor's office for not even having someone at Wednesday's meeting to talk to them and explain Sandoval's position.
He said there are also numerous rumors floating around that the department will be broken up and its divisions moved to Business and Industry.
"If you polled people in Agriculture, I bet 99 percent of them voted for Mr. Sandoval, and we're the first ones under the bus," Vogler said.
"The fact the governor's office isn't here today doesn't help," said board member Grady Jones of Las Vegas.
But Boyd Spratling of Elko said opposing Sandoval's wishes makes no sense.
"To buck the governor one day into his administration and stick a finger in his eye is not smart," he said. "We're going to have a rogue director and be a rogue board and I don't think that bodes well for the department."
He said the Ag board may have more powers than other boards over selection of their director, "but if we are going to go down a road of saying we have special powers, we'll lose them."
He was joined by Dave Stix of Lyon County, who said the board and department "will not survive if we continue down the road we are taking."
Vogler said if Sandoval could fire Lesperance, he would have, so it must be within the board's powers, not the governor's.
"We obviously have no credibility with the governor unless we become his lap dog," said Vogler. "We're not defying the governor, we're asking for some clarity."
Dean Baker of White Pine County said he believes there is more at work in the move against Lesperance. He believes the Southern Nevada Water Authority is behind it because Lesperance has fought their efforts to take rural water that ranchers and farmers depend on.
"Water is an issue of this thing, "said Baker.
Vogler wanted to table the question until the governor's office explains its reasoning to the board and, by a 7-4 vote, the members agreed. But, after Lesperance offered to resign Feb. 1, and Erquiaga - by phone - said that was an acceptable compromise, they rescinded that vote and accepted the director's offer.
The vote on that motion was 10-1 with Vogler opposed.
"They have no respect for us," he said. "They didn't even send anybody today."
The board set an expedited schedule for naming an acting director. They will accept applications for the job until the close of business Jan. 10 then meet to name someone Jan. 18 and forward that selection to Sandoval. Lesperance told them they absolutely must have someone in his position when he leaves Feb. 1 and it has to be someone who knows the department and its issues.