Letter to the editor from Commissioner Tarkanian: Transparency in Government

There is nothing more important in Government than transparency by our elected officials. Without it, abuse of power would never be discovered, there would be no accountability and there would never be a change for the better. It is one of the reasons I take the time to write and send out these emails.

This Thursday, the Board of County Commissioners (BOCC) will hold a joint meeting with the Vacation Home Rental (VHR) Advisory Board at the Hard Rock Hotel at 10 a.m. A complete analysis of the program is going to take place and a wide range of changes are going to be discussed, including a complete ban of VHRs in Lake Tahoe.

You would think that all ideas and proposals would be on the agenda.

However, that is not the case.

One proposal has been intentionally left out. For a year and a half, I have tried to get a vote on a proposal that would allow unlimited VHRs in areas next to tourist destinations, a limited number of VHRs in the areas, not next to, but relatively close to tourists’ destinations, and no VHRs in neighborhoods that are far removed from tourists’ destinations and were never intended to have an influx of tourists.

I understand no one will be entirely happy with any result the Board chooses. What I try to do is evaluate what is in the best interest of the County collectively and what is fair and equitable to as many people as possible.

My proposal accomplishes both goals. It protects the tax revenue brought into the County by VHRs. It protects the jobs created by VHRs. It protects the VHR permit holders in areas where there was an expectation of tourists traffic, and it protects the health, safety, and quiet enjoyment of the homeowners who live in neighborhoods that are far removed from the tourist attractions and where there was no reasonable expectation that tourists would flood their neighborhoods.

I have tried to have this item placed on the agenda for a vote for a year and a half now. For some reason, County staff keeps putting me off. I was told I had to wait one year after the new Ordinance took effect, which was this past July. Then I was told I had to wait until October. October is here but my proposal is not on the agenda for a vote.

This Board and the County Manager are governed by Norms and Procedures which the BOCCs adopt. Section XI of the Norm and Procedures states “Any Commissioner… can place an item on the agenda by simply asking the County Manager.”

So, I made a written request to the County Manager, Patrick Cates, to place my item on the agenda for a vote. He emailed me back the reasons why it shouldn’t be on the agenda. Despite the Norms and Procedures clearly stating he must put the item on the agenda he refused to do so.

I then received an email from Chairman Gardner stating my item would not be on any of the October agendas. His reason was that the Advisory Board had not had time to review it. That is simply not true. I met with two Advisory Board members over a year ago, discussed my proposal, and even drove the neighborhoods in Lake Tahoe evaluating my proposal. Furthermore, the VHR Project Manager did an exhaustive analysis of this proposal and tried to present it to the Advisory Board, but he was told they were not interested.

Nowhere in the Norms and Procedures does it grant the Chairman the right to determine when an item will appear on the agenda. Nevertheless, Chairman Gardner refused to put my proposal on the agenda.

I don’t know why County staff and Chairman Gardner do not want to have a vote on this item. My proposal eliminates 41 VHRs in neighborhoods far removed from tourist attractions but adds 50 VHRs in Tahoe Village right next to the ski resort. The only person who gets hurt badly by my proposal is Kevin Kjer, who manages most of the VHRs in Glenbrook. I am told he has some close relationships but the benefit to the community at large far outweighs the loss of revenue to one person.

This BOCC has far too long punted this issue down the road. Some BOCC members suggest we should rubber stamp what the Advisory Board recommends. This is the safe approach. Don’t take responsibility for the end results. Pass on this difficult decision which will make some residents unhappy to an unelected appointed board that never faces the wrath of the public at the ballot box.

Is it a surprise that Thursday’s agenda includes a vote by the Advisory Board on whether VHRs should be banned in Lake Tahoe? Have you ever seen an appointed Board vote to eliminate their own Board? Of course not. This was done to allow some BOCC members the opportunity to pass the buck.

The BOCC was elected to make tough decisions. Each of us should be held accountable for how we make these decisions. I am comfortable being held accountable for my proposal. It may or may not have the votes to pass, but each Commissioner should be on the record of how they would vote on it.

We may never know the reason there is so much resistance to my proposal but at least you know what is happening behind closed doors.

On Thursday, I will email my complete proposal explaining more fully the benefits to the County as a whole and why it is fair and equitable to the vast majority of people.

- Danny Tarkanian,
Douglas County Commissioner