Stone walls at Sparks City Hall
by Andrew Barbano
Jun 27, 2009 | 526 views | 13 13 comments | 9 9 recommendations | email to a friend | print
Sparks government lawyer Chester Adams has violated the unbreakable rule of old Chicago politics: Never sign nuttin', never say nuttin' on da phone and once you gotta story, stick to it.

But the learned Chester lives in another time and place. Bad for him, worse for taxpayers, great for joke writers.

Mr. Adams failed to stick to his story several times before, during and after last Monday's council session.

The latest Chet chumscrub occurred when Sparks union leader Richard "Skip" Daly (no relation to Chicago mayor Richard Daley) found that the low bidder on a major city construction contract was not legally licensed. The contract should have gone to the next lowest legal bidder, expediting the distribution of more than $7 million into the community.

Alas and alack, Chester's ego got involved. Depending on who was talking, the Spanish Springs-Vista Boulevard sewer line bid was either rejected, revoked, reworked, reissued or regurgitated. The first story from city purchasing manager Dan Marran was that the city had screwed up the specifications and he was thus rejecting all bids.

Mr. Daly pointed out that Marran's authority to do such things under city ordinance stops at $25,000, which is considerably less than $7 million last time I checked.

Daly sent a letter to city manager Shaun Carey asking for any documents proving Marran's ceiling had been raised. Chet raised the roof and stonewalled instead.

"In light of your comments threatening litigation against the city, please be advised that I have directed my clients to cease all further communications with any representative from your organization concerning this matter," Chet wrote.

I've voiced that gripe about Chet for years. He refers to councilmembers as his "clients"and treats his real clients — the people of Sparks — as the enemy.

"Because of the possibility of future/pending litigation, please be advised that I do not authorize any legal representative from your organization to speak with any officer, employee or agent of the city of Sparks about this matter," Chet declared.

You don't wave a red flag like that in front of my friend Skip Daly. Who is Chet to order Daly or any other citizen not to talk with public officials?

Chet's next move was to get the Regional Transportation Commission to cover his ass. Categorizing the obvious, an RTC rep told the Tribune that the sewer job had to be done before scheduled street construction. But the city knew that all along, planning the sewer work for summer and road construction in fall.

Forgetting the Chicago rules, Chet's story meandered again at Monday's council meeting, going from rejecting all bids, as noted by Marran, to revoking the original bid offer — a big legal difference.

Daly asserts that because of the amount involved, only the City Council can stop the bidding process. Indeed, when a final contractor is chosen, the council will have to award the deal.

That's all he asked the council to do last Monday. Follow the law. Justify the delay in an open forum.

With Chet stonewalling, Daly went to court. Chet's longwinded response was filed last Thursday. Some of it is delightful nonsense: "A bid made pursuant to a municipality's Request for Bids is simply an offer to which the duty of good faith and fair dealing does not apply."

I wish he had put that on his campaign brochures last year. I worked against his re-election but two things pulled him through. Highly respected Judge Brent Adams ran a well-monied, high-profile campaign and two in three Sparks voters voted early. Chet Adams? Brent Adams? The newbies were there to vote for president. Downticket races got scant attention.

So now we're stuck with four more years of Chester the Disaster. In all 18 pages of his quibbling response to Daly, he never shows that Mr. Marran had the authority to reject the bids.

Game, set, match.

You can get a copy by calling Chet at 353-2324 or e-mailing him at cadams@cityofsparks.us.

Daly's filing may be accessed with the Web edition of this column at NevadaLabor.com.

Chet's ego is hanging up millions of dollars in construction funds, which could already be in the pipeline to a struggling community. He told KRNV TV-4 that, "We fully intend to litigate this."

Daly told KRNV that, "We offered to the city of Sparks to let go of the lawsuit if they put it on the Sparks City Council meeting for July 6. They declined. What they said is, 'We don't want to set a precedent,' and for me, that means they don't want to set a precedent for following laws in the city of Sparks.”

Covering Chet's exposed rump at the June 22 council meeting, Councilman Ron Schmitt said he would place revocation of all original bids, legal and illegal, on the July 6 agenda, essentially conceding Daly's point that Mr. Marran was without authority to do what he did.

Nonetheless, Chet's response in court last week says that a citizen has no standing to prevent an action which is contrary to state law.

Chet's court brief contains another hoot: "When public officers are bound to exercise their own judgment, no superior court will attempt to exercise it for them or substitute its judgement (sic) for that of the officer even though the complained of action is manifestly erroneous."

Didn't Richard Nixon once say, "If the president does it, it's not illegal"?

Sparks city government acts exactly that way. They don't protect workers' wages at the Sparks Marina project and have not assessed contractually mandated penalties for screwing people out of their pay.

Two of the stores which recently opened are in blatant violation.

"The city of Sparks is just like Storey County," one labor leader told me. "They don't deal in good faith (as Chet's brief admits) as long as they think it's good for them, regardless of what the law says. The attitude they've had about all this stuff is that they're above the law."

So I guess Chet is the right lawyer for these guys, if not the taxpayers.

Be well. Raise hell.

Andrew Barbano is a 40-year Nevadan, union member, labor advocate and editor of NevadaLabor.com. His TV program is cablecast Monday through Friday, 2 to 4 p.m. on Reno-Sparks-Washoe Charter digital channels 16 and 216 and high-definition channel 80-295, available on demand at Barbwire.TV. E-mail barbano@frontpage.reno.nv.us. Barbwire by Barbano has originated in the Tribune since 1988.

comments (13)
« needswork wrote on Saturday, Jul 04 at 09:28 AM »
New guy,

Thank you. It is nice to have a fresh perspective from someone who can talk about an issue in an intelligent and non personalized way.
« SamSparks wrote on Friday, Jul 03 at 12:11 PM »
Hey NeedsWork,

If anyone is a coward it is you. Adams wastes city money even when he knows he is wrong. He is an alcoholic, convicted criminal which seems to suit Martini just fine. If Adams cared for the city, he would resign. To prove Chestie's criminal record, ask him to release his state bar record. Many people at the city have been laid off because of his waste of money due to malfeasance. Hopefully, his alcoholism will get to him and we can start putting the city back together again.
« New guy wrote on Friday, Jul 03 at 09:08 AM »
Alright here is what I get out of this. A city bid was properly posted in a timely manner. 10 contractors bid on the project. The City's Representitive rejected the bids and rebid the project because of errors in the bid documents and because of a future project (thats the reasons given). Those seem to be the facts undisputed if I am wrong feel free to correct me. Now to get to the meat. Labor Leader Daly believes the city representitive (purchasing Manager) did not have the authority under state law and also the Sparks municipal code (I believe its SMC or maybe the city charter) but anywho he doesn't believe he (the purchasing manager) has the authority. Chet (city attorney) believes they acted accordingly (and chet will defend that position because he is leagal council for the city). Daly thinks the city council has to make that decision. So we call this a dispute and an interpetation of the Law is required (hence the law suit). In America we call this due process. This isn't the wild west and you can't have a shoot out anymore so we have courts decide this. In my opinion the the contractors are not filing this action because they have to work with city getting permits, business licenses, contracts, inspections and so on (use your imagination for other examples). Some people believe including me that they will make thier lives a living hell. Also if a contractor files the protest they have to put a huge bond (from what I am told something like $200,000). As a citizen and a construction Union Labor leader there is no bond required just attorney fees. As a construction Union that deals in bidding procedures they should be making sure the process is followed. Union Jobs depend on it and that is why union members pay dues to make sure someone is out there looking out for thier jobs and livelyhoods. Also what can they really do a Labor leader who doesnt have contracts with them (nothing?). Daly as a citizen of sparks also believes they should just follow the law plan an simple and wanted the city council to make that decision (to reject the bids) then there would be no law suit and no money spent. Chet believes the purchasing agent acted within his authority and is going to defend that position because he gave (his client)legal advice to do so. Both may be flexing some muscle but I believe both are in thier right to do so. They both have the means to fight the battle and both believe they are right. The city is a machine that the average citizen can't fight (because of money) and the Union is a powerful organization that can fight the battle. I applaud Daly as a Labor Leader and a citizen for standing up for the people who can't stand up for themselves. I applaud Chet for doing the job he was elected to do. But now I am bored so I am gonna stop.
« needs work wrote on Thursday, Jul 02 at 06:55 PM »
Geez Sam, guys like you who just bad mouth others are nothing more than cowards. Skip stands up for people and you dont hear him bad mouthing people. Guys like you Sam who sit on the sidelines and never get involved but to whine and personalize matters involving real men make me sick. Instead of criticizing others Sam, why not try to stick to the issues at hand loser.
« needswork wrote on Thursday, Jul 02 at 06:51 PM »
Sorry Sam,

I'm glad we dont have no whip such as you in Chestis office. Dude has cajones and doesnt sit around taking pot shots like you seem to like to do. Instead of bitching, why dont you put up or shut up. Guys like Skip dont seem to mind standing up for others and I dont see him bad mouthing people like you seem to do. Sam, cowards like you is why I respect people like Skip and ol Chesti.
« SamSparks wrote on Thursday, Jul 02 at 10:56 AM »
needswork is in error regarding his admiration for chetadams. Adams fights cases whether the city is right or wrong, no matter how much it costs. A lot of people are out of work because of the millions he has wasted. He is right in the middle of the politics. His position is "no one crosses me and gets away with it." That goes for anyone who works in the city or out of it. If a real lawyer was city attorney, millions would have been saved and cases that needed to be defended would have been. A real lawyer would not have wasted the money he has for his own ego. If you like a lawyer who wastes your tax money putting people out of work, then Chesti is your boy.
« needswork wrote on Wednesday, Jul 01 at 09:50 PM »
Maybe I was a little too hard on Skip, he's trying to protect our interests as we all need jobs. But, it just seems like there is a lot of behind the scene dealings going on here. Sparks said it screwed up on the bid and then rejected the bids so they could give the bidders a better picture of what it was that the bidders were supposed to bid on. Seems to me that helps the taxpayers because the city wont have to pay costs that should have been in the bid in the first place. It also helps us because we are going to get work in either event.

As far as Chesti is concerned, he's just doing what we pay him for, to fight lawsuits filed against the city (I dont want no whimp in that office!If he likes to fight, then he gets my vote because I know he is at least trying and isnt playing the politics game).

If Skip wins, thats fine we still get work. If Chesti wins we still get work. I'm going to sit back and have myself a beer and just watch the fight, it should be fun.

« nevada worker wrote on Wednesday, Jul 01 at 08:27 AM »
You people do not see the bigger picture here. It's not about Skip, it is about the city of sparks following the laws that are on the books. So you could say it is THE TAX PAYING CITIZENS vs. SPARKSi.e.CHESTER.. Figure it out! The only ones that really got the shaft on this are the 9 other contractors that did follow the law. They are the ones that got screwed on this. Why follow the law when you get penalized for following it. What the laws says is that lowest responsive, Resposible contractor shall be awarded the contract NRS 338. When the lowest contractor submitted his bid he didn't have a contractors license under the name he submitted the bid under deeming his bid NON RESPONSIVE period. At that time the city of sparks should have taken the next responsive, responsible contractors bid. Unless there is some kinda of back door dealings that the city or one of their representatives is involved in,Wink Wink. If the city was going to pull this project they should have pulled it before accepting and having a public bid opening. Once again the 9 other contractors get screwed because now their cost numbers or out there for everyone to see and use against them when the job rebids. GOOD JOB CITY OF SPARKS...i.e. CHESTIE
« nevada worker wrote on Wednesday, Jul 01 at 08:27 AM »
« SamSparks wrote on Tuesday, Jun 30 at 07:33 PM »
Chet Adams never follows the law when it is against him. That is why the city paid out a fortune in all of the sexual harassment cases against him. Then comes his incompetent advice.

More millions wasted. A lot of those 85 people who were let go could have been kept if Adams was not around. Adams obviously did not pay attention in law school, especially ethics. Ask him why the Nevada Supreme Court would not license him for 8 years. Why he got rid of his 2 best lawyers, because they would not put their noses up his butt. The guy is a loser and you are paying for it. Sparks had to pay a quarter million to a street artist because Chet and his alcoholic lackey said he could not sell his paintings in Sparks. Now the municipal code has been changed. Adams is wrong here because he likes to fight- with the city's money. He will lose and you will pay for it.
« whoknew wrote on Monday, Jun 29 at 08:16 PM »
Wonder where this guy got his law degree?
« needswork wrote on Monday, Jun 29 at 07:14 PM »
This guy is nothing more than a hack. Do you think you could ever get a straight (let alone anything remotely approaching honest) story from someone who admits to :"Andrew Barbano is a 40-year Nevadan, union member, labor advocate and editor of NevadaLabor.com."

This is just a union attempt at intimidation because neither what Skip or Andrew Blubberbano doesnt tell you is that the "next lowest bidder" was a Union shop. They filed this lawsuit, not for jobs, but to intimidate the City into caving to their demands so their union could get our jobs.

Personally, I'm glad the city stood their ground against these pompus mobsters.
« Sparks Resident wrote on Monday, Jun 29 at 03:50 PM »
This is a despicable article. I have participated in contracts with Skip Daly and he has skeletons in his closet. All public works contracts have language stating that bids can be rejected by the owner (City of Sparks/Reno/Washoe County) for any reason. Legally going after the City for rejecting bids is what is costing the tax payer money. Does it really matter whether the rejection was determined by the Dan or the City Council? Dan acted on behalf of the City and it was the right move for the City.

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