Supervisors face deputy dispute, code repeal, sewer hookups

The Carson City Board of Supervisors will weigh in on a labor dispute between the city and the Carson City Deputy Sheriff’s Association at Thursday’s meeting, which starts at 8:30 a.m. in the community center.

The city manager’s office is asking supervisors to authorize the district attorney’s office “to pursue all legal avenues and to take all necessary legal action to challenge an arbitration award issued in favor of the Carson City Deputy Sheriff’s Association concerning a dispute under the terms of the collective bargaining agreement between the association on behalf of the deputy sheriffs and the city on behalf of the Carson City Sheriff's Office.”

According to a staff report, the current collective bargaining agreement was enacted in June 2021 and runs through June 2026. Under the grievance process, the association filed a grievance that, according to the city, “ostensibly stemmed from the decision of CCSO not to promote a deputy sheriff (the grievant) to the position of sergeant.”

“The grievance did not identify the non-promotion itself as an issue; rather, the grievance claimed contract violations concerning CCSO's promotional testing process, the confidentiality of specific candidate rankings and the non-release of scoring data on testing criteria,” reads the staff report.

The dispute led to arbitration hearings in October. On Feb. 7, the arbitrator issued an award that, according to the city, denied certain grievance issues “but ultimately finding that CCSO violated the contract by not promoting the grievant to the position of sergeant.”

According to the staff report, the arbitration award requires retroactive promotion, effective March 25, 2022, with backpay, seniority and benefits. Furthermore, the deputy’s association doesn’t believe the year-long probationary period for a new sergeant applies to the grievant, according to the city.

“In consultation with CCSO and after careful consideration of the award as issued, the district attorney's office believes that there are valid grounds to challenge the award,” reads the staff report. “The sheriff urges the Board of Supervisors to authorize the district attorney's office to pursue all legal avenues to challenge the arbitration award, including, without limitation, the filing of any necessary papers to vacate some or all of the award under the Uniform Arbitration Act, codified as chapter 38 of Nevada Revised Statutes.”

In other action:

• Supervisors will consider an ordinance repealing a chapter of Carson City municipal code — 17.10 — that governs common open space development

The ordinance stems from a joint meeting between supervisors and planning commissioners during which consensus was reached by board members and the public that 17.10 is problematic. Developments such as the Andersen Ranch project east of Ormsby Boulevard have been approved under the code in the past. Common open space, however, is not the same as public open space and parks, a distinction that has led to criticism from some residents near the project.

“Because a full repeal of CCMC chapter 17.10 was feasible and able to be prepared in time for the first meeting of the Board of Supervisors following the joint meeting on March 3, 2023, a temporary suspension of the application of that chapter by way of a moratorium is unnecessary,” reads a staff report.

According to the report, projects filed before the March 3 meeting will not be affected by the proposed repeal. Planning staff previously told the Appeal the Andersen Ranch West subdivision project, west of Ormsby Boulevard, was filed before the change and will be heard under the existing code. The project is expected to appear before planning commissioners March 29.

• Supervisors will consider a resolution waiving residential sewer connection fees and related fees for property owners willing to connect to new sewer lines in a part of southeast Carson City.

According to city code, supervisors can waive fees when it benefits public health.

“The use of high-density individual septic disposal systems in southeast Carson City has resulted in nitrate levels exceeding federal drinking water standards,” reads a staff report. “A mitigation program was developed to construct city sewer throughout the affected areas and to require properties to abandon their septic systems and connect to city sewer.”

The staff report shows a 2022 study by Farr West Engineering confirmed “continued nitrate contamination in groundwater in southeast Carson City.”

The staff report also mentions difficulties in connecting properties around Gentry Lane “due to steep and undulating topography.”

Previous fee waivers in the 1990s for other areas lasted 24 months, according to the report. Supervisors could extend the waiver period.

“However, regardless of whatever incentive period and mandatory connection deadline the board might impose, existing law (including CCMC 12.05.020) establishes that once municipal sewer service is available adjacent to a property, the permit to operate the septic system will no longer be valid and no new or amended permits to repair, replace or modify the septic system can be issued,” reads the report.

• Supervisors will consider a draft of the Mills Park Master Plan and whether to amend the new dog policy to allow on-leash dogs at the park and off-leash dogs in designated areas.

“This item, if approved, would authorize dogs to be on-leash throughout Mills Park and off-leash in designated areas (future dog park),” reads a staff report. “Dogs would remain prohibited in the Carson City Railroad Association building and train.”

• Supervisors will consider a development agreement between the city and PalaSeek LLP, Oikos Development Corp., and Sierra Flat I Limited Partnership that would convey 3.41 acres of city-owned land to developers for the second phase of an affordable housing project.

Last year, developers broke ground on the first phase of 80 units off Butti Way.


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