Commissioners agree to staff outreach and to review citizen’s FOIA requests on sage‑grouse mitigation funds

5692671 · July 16, 2025

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Summary

Citizen Cliff Gardner asked the commission to seek records of mitigation fees collected for desert tortoise and sage‑grouse; commissioners directed county staff to contact the Sagebrush Ecosystem Council/Clark County for initial information and asked the citizen to provide copies of his prior requests.

A local resident, Cliff Gardner, urged the Elko County Commission to request records on mitigation fees collected for desert tortoise and greater sage‑grouse and argued that state and federal agencies had not provided adequate information in response to prior requests. Gardner asked the commission to submit information requests to Clark County and the Nevada Sagebrush Ecosystem Council for sums collected in mitigation fees.

Commission response and staff direction: Commissioners debated scope and jurisdiction, with some expressing concern about using county resources to seek records from Clark County on issues not primarily located in Elko County. The board directed county staff to make preliminary outreach calls—starting with staff contact to the Sagebrush Ecosystem Council and Clark County—to ask whether aggregated fee totals are available and to report back. County counsel advised the board that state information requests can incur actual reproduction costs and that a narrowly tailored request (for a dollar amount or specific accounting documents) would limit burdensome production.

Citizen follow‑up: Gardner said he would provide copies of FOIA/state information requests he had previously submitted and the commission asked that Gardner share those letters so county staff would see what had been requested earlier.

Why it matters: The request touches on mitigation funding for species management and the public’s interest in transparency for how mitigation fees are collected and spent. The county did not approve a formal FOIA filing on behalf of the public but authorized staff outreach and asked the resident to produce prior correspondence for review.

Ending: County staff will contact relevant agencies, and Gardner will provide copies of prior information requests for staff review; the commission will revisit the matter if further formal county action is proposed.