Five commission election districts and five elected commissioners has been the norm for Washoe County government.

But Terry Tiernay, a Palomino resident and candidate for Washoe County Commission District 4, says this arrangement is in violation of state law and needs to be changed immediately.

With the county’s most recent population estimate of 418,061, a number that was certified by the governor in 2007, Tiernay is calling on the board and the Nevada Legislature to create two additional county districts and two commissioner’s seats to represent each of them.

Part of the problem, Tiernay said, is a need to clarify the definition of “population” as stated in the Nevada Revised Statutes.

“I’ve been waiting since 1998...for the county to hit 400,000, when the new rules kicked in,” Tiernay said. “... My concern is if you can use government certification for tax distribution that recognizes us as 400,000.”

Tiernay e-mailed Gov. Jim Gibbons’ office on Monday detailing some of the provisions pertaining to county government. In his letter, Tiernay complained “the refusal of the current Board of County Commissioners (BOCC) to perform its statutory duty to expand the BOCC from its current five members to the required seven members.”

State law provides that in counties of 400,000 or more, the board of commissioners “shall establish seven county commissioner election districts.”

The governor’s office responded, stating that the matter “is outside of our jurisdiction.”

Tiernay also sent copies of his e-mail to other county and legislative representatives.

“Instead of acknowledging the fact that the county’s representation is over 400,000 for commission member purposes, the BOCC chooses to ignore your certification and cite NRS 0.050, which defines population as that established at the preceding decennial census,” he wrote.

NRS 0.050 reads: “Except as otherwise expressly provided in a particular statute or required by the context, ‘population’ means the number of people in a specified area as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to Section 2 of Article I of the Constitution of the United States and reported by the Secretary of Commerce to the Governor pursuant to 13 U.S.C. 141(c).”

The decennial census gathers population numbers once per decade. Tiernay wrote to Gibbons that it would be naive to assume that these numbers don’t change during a decade.

Commissioner Bob Larkin, who currently holds the District 4 seat, said although statutory law does call for seven commissioners when the state population exceeds 400,000, the provision of the decennial census and the certification of the population prohibits the changes from occurring earlier than 2011.

“At this time, if we were to expand to seven commissioners, we would be violating state law,” Larkin said. “We do not have a certified population of 400,000 by the state demographer.”

Larkin said the governor’s certification is not the same as that of the demographer, which can only occur once every 10 years.

“Our next opportunity will be 2011 before the population is certified,” he said. “The state demographer’s certification can only occur by statute after the national census is completed.”

Larkin said he is “certainly in favor of complying with state law.”

Tiernay said he would consider taking the matter to court if necessary.

“I prefer to be ahead of the curve instead of behind it and chasing it,” he said. “We’re suffering because it’s not in compliance with state law as far as state law goes. ... If I’m elected, then after being sworn in, then I’ll try to get the other commissioners on board and rolling.”