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Resident urges county FOIA on mitigation‑fee collections; commissioners direct staff to inquire before filing formal requests

Elko County Board of Commissioners · July 16, 2025
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Summary

Public commenter Cliff Gardner asked the county to request mitigation‑fee records from Clark County and the Nevada Sagebrush Ecosystem Council; commissioners debated scope and agreed staff will first call the agencies to determine what records exist and whether fees are still collected.

Cliff Gardner presented a petition alleging that agencies such as the Bureau of Land Management and the Nevada Sagebrush Ecosystem Council have not been transparent about mitigation fees collected for desert tortoise and sage‑grouse protections. Gardner asked the commission to submit state information requests for mitigation‑fee collections from the time of listing through 2024.

Commissioners expressed concern about committing county resources to records requests that largely concern other jurisdictions, suggested narrowing requests to simple dollar totals and encouraged Gardner to provide copies of the FOIA requests he had already sent. The board directed county staff (Curtis) to call Clark County and the Sagebrush Ecosystem Council to ask whether mitigation fees are still being collected and where funds are held; if calls indicate further action is warranted, commissioners said they would consider a more formal request after review. "The biggest reason that I'd like the county to submit the FOIA request is I come in here and testify ... it's kind of my word against their word," Gardner said, explaining why a county request would carry institutional weight.