Sandoval plans to release contested budget information next week

CARSON CITY - Nevada Gov. Brian Sandoval, taking heat for his refusal to release all agency budget requests, will release agency funding "wish lists" sometime next week, his chief of staff said Thursday.

The development comes after some critics suggested the former federal judge and attorney general may be breaking the law by withholding the information.

At issue are so-called "items of special consideration," or agency wish lists that have historically been included by past administrations with the bulk of agency budget requests, set by law to be released by Oct. 15.

Sandoval maintains those special items aren't part of official agency requests, and on Wednesday he said he wouldn't release them until he has considered the budget consequences. Special items include estimates on how much it would cost to expand Medicaid eligibility under the federal Affordable Care Act.

But Gerald Gardner, Sandoval's chief of staff, said Thursday afternoon that the information will be released next week.

"The governor is nearing completion of his review of the items of special consideration and he anticipates releasing them no later than next Friday," Gardner said.

The dispute has been simmering for weeks. Critics argue agency wish lists give the public an idea of what department heads believe is needed to provide adequate services.

"These are honest professional estimates of what the departments need to operate, so let us in on them," said Barry Smith, executive director of the Nevada Press Association. "Trying to withhold it just throws up a red flag."

On Wednesday, the state Democratic Party called out the popular, first-term Republican governor for "potentially violating state law."

"The governor is not entitled to pick and choose which laws he wants to follow," Democrats said in a statement. "Gov. Sandoval should immediately disclose his budget requests, as required by law, so Nevadans know how he wants to spend their tax dollars."

Sandoval countered his office was in "full compliance with statutory requirements."

"As a former legislator, I respect the Legislature and its process," he said. "However, it would be improper for me to give the Legislature and the public a false impression as to what may or may not be contained in my proposed state budget.

"After I have had a full opportunity to consider agency wish lists and their budget impacts, I will gladly forward the agency wish lists to the Legislature."

The administration's rift with law­makers came to light during an interim committee meeting in October, first reported by the Nevada News Bureau, an online publication, when legislators asked about the special budget requests.

But it escalated this week with pressure on Sandoval by the state Democratic Party, reporters and political commentators.

Sandoval's refusal also appears to conflict with the spirit of a law passed by the 2011 Legislature and signed by the governor implementing a performance-based budgeting system, a concept embraced by his administration. That bill, Assembly Bill 428, states the governor "may authorize or direct an agency to hold public hearings" on agency budget requests - a provision that doesn't require hearings but encourages public discussion.

"One of the things we were trying to accomplish is to make more information and easier information available to the public," state Sen. Debbie Smith, D-Sparks, a sponsor of the bill, said Thursday. "Truly the spirit of AB248 was about more access, more participation.