City Of Reno In Time Warp -- Shades Of Richard Kirkland

First, Retire, Then Rehire With Full Benefits; Where's The Logic?

by Johnny Gunn

Marilyn Craig has been working for the Reno City Attorney since 1991 and in the public sector for 35 years, and is fully franchised in the state retirement program. She can retire with 90 percent of the average of her three highest salaries, and wants to do so. She also has indicated she wants to remain in the so called public sector when she retires. But her boss has other plans and they constitute what many people in the private sector look on as double-dipping, that is receiving two salaries from the government.

City Attorney Patricia Lynch says she won't be able to properly represent the city in land use law and litigation. Lynch is using a controversial state law that will allow the city to let Craig retire, then rehire her into her old position because of "A critical labor shortage regarding land use issues." Lynch used those words in a staff report addressed to Reno's mayor and city council, dated May 18.

Under state law, NRS 286.523(3)(c), the city can declared this critical labor shortage in a unanimous vote on May 25.. The law is scheduled to expire on July 1 this year. Lynch insists there is no one she can hire, that no one wants the job that is currently paying Craig $98,651 annually. Lynch apparently didn't consider a private contractor to handle the city's land cases. Craig's leadership is lacking in land cases also.

In a letter to The Nevada Observer former Reno City Clerk Don Cook, says there are more ways than one to solve the problem. He seriously questions the actions of the city attorney. He says it is "Deja Vu all over again with the Dick Kirkland scam."

Kirkland retired as Washoe County Sheriff with $70,000 annual retirement then was hired as Director of the State Public Safety Division. That paid him $103,301 annually. Kirkland was heavily criticized for double dipping. Here is the basic text from Cook.

Letter From Don Cook

"Let's assume the city attorney is correct, that there is no one in the public sector that has the knowledge to carry on the legal duties of Marilyn Craig. Although this assumption is somewhat asinine, let us believe it to be correct.

"Carrying this assumption to its logical end, we would then assume that all of the other attorneys that are knowledgeable in this area must be in the private sector. Witness the fact the City has not prevailed in some high profile cases; e.g. WalMart, SuperK, etc. That alludes to the fact that there are folks in the private practice of law that "out gun" city staff where it really counts ... in court!

"It would seem to me that the City Council should change the charter and do what many other public agencies do; go out to bid for legal services. Why have a full time legal staff that is, admittedly, lacking in expertise should Craig leave. This issue just addresses land use cases. Where is the city staff at in the areas of criminal issues, employee right's cases, tort issues, etc.?"

SS: Don Cook

Cook brings up the question of whether the Reno City Attorney's office is in good shape as far as criminal issues are concerned. Apparently not if you read a staff report sent to the mayor and council on May 11, sent just one week before Lynch's staff report. The May 11 request comes from William Sherman, Chief Deputy City Attorney in which he asks that the office sign an agreement with a private sector company for Investigator Services. On May 25, the city agreed to a contract with Osprey, Inc. of Spring Creek, NV to provide investigative services for the Reno City Attorney's office.

A private contractor is good enough for investigative work but not good enough for land law?

Double dipping has been seriously discussed during the Kirkland fiasco, during the last Legislative Session when so many legislators were collecting legislative pay while collecting government pay checks at the same time. Double dipping shouldn't be a way of life.

Retiring from the private sector and receiving full retirement benefits and then taking a job in another company in the private sector isn't what we're discussing here. We're discussing getting two paychecks from the government. That's double dipping.

If Ms Craig feels it's time to retire, bless her. She's earned it; working 35 years in government, and if she went to another state and got a job, great. If she got a fabulous job in the private sector, great. Above all, she should not be hired back into her old position under the false pretense that there isn't another soul on the planet who could replace her.

There are obviously land law attorneys in the private sector who win in court, so privatize those legal services, contract with the big boys, and end this duplicity.