Jon Ralston

Sometimes I worry that Gov, Brian Sandoval does not know Leo Durocher’s famous maxim.

Don’t misunderstand: This nice guy has not finished last very often, if at all. And he’s not even always nice.

Sandoval, though he exudes affability, has been known to flash a temper in private, I’ve been told (never at me, although there’s plenty of time), and he clearly knew how to wield a Damoclean sword during the 2015 session as he rounded up tax votes.

But I have needled the governor at times for being too careful, too tepid, too nice in his public pronouncements, either about Donald Trump or other nincompoops. “Gov. Sunny” was not a moniker that came about by accident; his preternatural optimism, affected or not, lights up every room he is in.

Commerce tax repeal effort faces Nevada Supreme Court test

So when we at “Ralston Live” asked the governor for a statement about the commerce tax hearing this week in front of the state Supreme Court, I set my expectations low. Yes, the case’s outcome could dramatically alter the state’s trajectory. But still, I expected an “I have faith the justices will do the right thing” warmed-over mush from the sunny chief executive.

Consider how pleasant my surprise was when I received a statement from Sandoval that is one of the strongest he has ever issued and directly chastised another constitutional officer, Controller Ron Knecht, for his irresponsible “leadership” of the RIP Commerce Tax PAC.

Let’s go, line by line, through this beautiful, rhetorical defenestration of the man Formerly Known as Dis-Knecht:

“There is no doubt that what happens in our schools today will determine the future of Nevada.”

Good opening salvo, governor. It is at once obvious and resonant, harkening to the public system’s poor performance for decades and heralding, if I may coin a phrase, a New Nevada.

“That is why a supermajority of the Legislature and I made a generational investment in the children of Nevada.”

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As Knecht and the Know-Nothing Party bleat about the growth of government and the crippling of businesses, they never mention that 48 of 61 lawmakers voted for the “generational investment,” the euphemism (the “nice” way of saying it) for a $1.5 billion tax increase, of which the commerce tax is the smallest (and only on businesses that gross $4 million a year) but most important part because it broadened the base. The Legislative Counsel Bureau has estimated that the repeal, if it qualified and passed, would cost the state $120 million per fiscal year.

Knecht told the RIP Commerce Tax lawyer, Craig Mueller, at a breakfast before the court hearing that the amount is just peanuts in the overall $6 billion budget, which makes me wonder: Why is this man the state controller, with a say over tax money? That is, when he’s actually doing the job he was elected to do and not campaigning for this misguided referendum or writing breathless op-eds that have nothing to do with his taxpayer-funded job.

“The millions of dollars the controller would like to take from education will irreversibly and permanently harm children, parents, teachers, classrooms and the ability to attract quality businesses to our state.”

Some will see this as hyperbole – and it may be. But the new education reform/funding plan creates more accountability along with the money, while giving many children, including English language learners and gifted kids alike, essential resources. As for attracting businesses, despite the Knechtian claims, almost no enterprises have balked at Nevada because of high taxes. Most cite the poor educational system as a top reason to demur. Sandoval wants to fix that; Knecht doesn’t care.

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“Every dollar raised by the commerce tax will improve Nevada’s schools.”

Well, we can hope, governor. He is, after all, a sanguine fellow.

“The controller must explain to Nevada's children, families and businesses which education initiatives he will cut if his referendum succeeds.”

Unfortunately, Knecht is not compelled to do so, the same irresponsible stunt so many legislative hopefuls are pulling by opposing the tax increase but refusing to say what programs they would cut. And it’s also why the proposed repeal is so inherently flawed because it asks the public to erase a tax that would not only hurt education but unbalance the budget. I say to the high court: That is a supreme injustice, no?

“Will he cut gifted and talented programs, end all-day kindergarten, eliminate special education resources, decrease literacy programs that help students read by third grade, cut autism funding, stop career and technical education, and get rid of Technology in Schools grants?”

Good question, governor. Again, no answer will come from Knecht and the Know-Nothings.

“It's about time the controller looked a child or parent in the eyes and justified the devastating cuts to Nevada's schools he seeks to implement through his petition.”

Oh, no, it’s much easier to mislead through meaningless sound bites about new taxes, the advantage the “no” side always has in such debates. Nuance? No, thank you; we prefer blunt force and gullible voters.

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“His cuts will destroy an opportunity to improve student performance and prepare our children for the jobs of the future.”

I know it sounds like more hyperbole. But it’s very likely not. With the help of both parties, and with only a handful of lawmakers being left behind, Sandoval boldly sought to turn around a ship of state that had been listing for decades. Those who stayed aboard deserve, along with the governor, credit for not abandoning the ship, and those who did deserve to have their political careers drowned.

Knecht is an opportunist and small-ball thinker who fancies himself the smartest guy in every room. He’s not, unless he’s alone in that room.

I hope the justices see how deleterious this referendum is, and that it fails to meet any kind of muster, legal or political. Direct democracy is not the solution when a braying minority tries to subvert the republic. This is about a battle for the future of Nevada between Sandoval and those who boldly tried to change the way the state had done business and those who would turn back the clock by erasing the good works of the 2015 session.

Sandoval has never lost a race, never finished last. With apologies to Leo, sometimes nice guys should finish first.

Jon Ralston has been covering Nevada politics for more than a quarter-century. See his blog at ralstonreports.com and watch "Ralston Live" at 5:30 p.m. weekdays on KNPB.