MEMORANDUM Date: March 12, 2018 To: Steven L. Mortis, City Attorney From: Gary Booker, Esq. Contract Prosecutor Regarding: Case 18BC0122 | have reviewed the Incident Report for Case 18BC0122 and the following Narrative was provided in support of the investigation into the allegations made by Joseph Kranyac III: On January 25, 2018, at approximately 0930 hours, Joseph Kranyac III came to Boulder City Police Department to file a complaint against City Administrative Officer, Bryce Boldt. At some point in September of 2017, Mr. Kranyac filed a complaint with the Nevada Commission on Ethics, State of Nevada, against Mr. Boldt for misuse of public. property. According to Mr. Kranyac, Mr. Boldt “unequivocally admits (to the ethics commission) the he (Boldt) willfully misused public property.” Mr. Kranyac states, since Mr. Boldt admitted guilt during his hearing with Nevada Commission on Ethics, Mr. Kranyac pointed out that Mr. Boldt was also in violation of City Code 1-7-6 Conflict of Interest. Mr. Kranyac further alleges Mr. Boldt, while misusing public property, also used utility services he was not authorized to use. Mr. Kranyac also pointed out that Mr. Boldt used his City credit card to make purchases at Best Buy in Scottsdale Arizona on Mr. Boldt’ s days off. Title 1 Chapter 7 of the Boulder City Code in relevant part states: 1-7-8: CONFLICT OF INTEREST: To avoid any conflict of interest: ‘A. No council member, appointee or city employee may use his/her position in city government to secure or grant special privileges, preferences, exemptions or advantages, which are not available to any member of the public under similar circumstances, to or for him/her, any immediate family member, or any business entity in which he/she has a financial interest 1-7-6: VIOLATIONS AND PENALTIES: E. Violation of the provisions of this chapter shall constitute a misdemeanor, subject to a penalty not to exceed the penalties specified for misdemeanors under applicable provisions of the Nevada Revised Statutes. “Clean Green Boulder City”NRS 171.090 Limitations for gross and simple misdemeanors. Except as otherwise provided in NRS 171.095, 202.885 and 624.800, an indictment for: 2. Any other misdemeanor must be found, or an information or complaint filed, within 1 year after the commission of the offense. Even assuming the statements of Mr. Kranyac are correct and that evidence in a prior administrative action could be used to find criminal culpability, the action would have to be commenced within the time frame set forth in NRS 171.090. There were no eyewitnesses to substantiate the allegation that Mr. Boldt was using the storage area to sleep in, only circumstantial evidence existed and based upon the evidence presented and collected the last time the storage area was accessed after hours was on February 13, 2017 at 6:37PM, It is my legal opinion that the prior administrative actions cannot be used as evidence of guilt and even if they could the statute of limitations has expired, thus negating any ability to file a complaint alleging a violation of City Code Section 1-7-5. LL, GARY BOOKER “Clean Green Boulder City”