Open Letter #14

OPEN LETTER #14 TO THE COMMUNITY FROM A TOWN BOARD MEMBER

Here is the Open Letter #14.  Feel free to contact me at twaters@pahrumpnv.org or 775-764-0949. 

As a DISCLAIMER, please understand that I speak ONLY for myself as a Town Board member and will provide accurate information as I see it through my research.  All information is reviewed by several entities to ensure there are no NRS violations. 

The Pahrump Town Board – YOUR Local Government -  I speak with many people in Pahrump and receive even more calls and e-mail messages.  Most believe keeping our Town Board is viable and necessary for local government and others offer suggestions and recommendations as to how we (the Town Board) can become more effective.  I must admit that I had some of the same suggestions and recommendations before I was elected to serve on the Town Board.  I did not understand the impact or the restrictions of the Nevada Open Meeting Laws (OML) NRS 241.  I have received the following suggestions, questions, and recommendations from well-meaning citizens.  

1.  Question: Why doesn’t the Town Board hold a Town Hall type meeting and answer questions of the public and tell us why you vote the way you do?  That way we would understand why you do what you do. 
     Answer: According to NRS 241 - OML, all meetings with a quorum of Town Board members (3 or more) must be agendized with specific agenda items.  If less than a quorum meets (2 or 1) we also violate the OML if we publicize how we would vote except in an agendized Open Meeting. 

2.  Question: Why can’t the Town Board members hold a “closed door” meeting and go over the questionable items so you appear more united when you face the public? 
     Answer: Again, I must refer you to the OML.  Closed door meetings (Closed Sessions) can only be utilized for the following issues: Personnel related issues, Appointment of a person to public office, Attorney-client privilege communications, and Labor issues. 

3.  Question: Why can’t each Town Board member explain their views on all matters which are of concern to the citizens and how they would vote on them in Open Letters to the Community? 
     Answer: Again, I must refer you to the OML.  However, I often explain rationale AFTER a vote has been taken on an issue.  That is acceptable as long as I only give my reasons and not those of other Town Board members.  I will continue to use the Open Letter to explain issues when citizens still require clarification. 

4.  Question: Why can’t you just do what you need to do and say what you need to say to get the job done in public or at other public meetings? 
     Answer: Again, I must refer you to the OML.  Violation of the OML has serious consequences.  This is the reason the Board of County Commissioners, the Pahrump Town Board, and all Advisory Boards always attempt to comply with Nevada law. 

5.  Question: Isn’t there a duplication of government functions (double layer of government) by having a Town Board and the County Commissioners? 
     Answer: Not at all.  This would ignore how the Town Board and County Commissioners have operated since the creation of the Town Board in 1984.  The county code was changed to recognize that the county laws and regulations will apply only if the town has not enacted measures covering the same subject matter.  This means that the county controls only what the town does not.  There is no double layer and no duplication of functions. 

The Open Meeting Law is there for a very valid reason.  Each of us must avoid decisions which are made in “back rooms” or in “closed meetings.”  All decisions related to the “people’s business” must be decided in an open forum, thus, the Open Meeting Law. 

There were some callers who stated that we should disband the Town Board form of government and allow the County Commissioners to function as Pahrump’s local government.  My reply is: The Commissioners are county government and the Town Board is local government.  I then ask this question, “If you are displeased with the State Governor, should we consider relinquishing operation of the state government to the two U.S. Senators or the U.S. Congressional members?”  They all answer “NO.”  The reason for that explanation is the diversity of each job responsibility.  The same explanation applies to our Commissioners.  Even if all five Commissioners lived in Pahrump, their responsibilities must still be devoted to the entire county.  For those who forget, Nye County is the third largest county in the United States and the County Commissioners can’t ignore the rest of the county and show partially or favoritism for the Town of Pahrump.  That is why we need a local government.  If you are displeased with the members of your local government, vote for someone else at the next election.  I would never consider “throwing out the baby with the bath water.” 

I have stated openly that I have never (and will never) belittle or speak negatively about our Board of County Commissioners in their positions as commissioners, and I will not criticize them for doing the jobs to which they were elected just because I may have chosen another option.  However, they were not elected to manage the Town of Pahrump and I would not ask them to assume that responsibility.  I will state again that the Town Board has responsibility for the Parks, the Cemetery, the Swimming Pool, and the Fire Department.  These areas are local functions best reserved for the Town and local government. 

I was also asked if I wanted to retain the Pahrump Town Board to assure my continued position on the Town Board.  Here is the Nevada Law in its entirety.  “NRS 269.022 - Discontinuance of elected town board: Procedure.  If the board of county commissioners determines that the best interests of the town are no longer served by a town board form of government, it may order the question to be put on the ballot at the next general election.  If the majority of persons voting favor discontinuance of the town board form of government, the town board shall cease to function at the end of the terms of office of the incumbent members of the town board, and the government of the town and all of its assets and liabilities shall revert to the board of county commissioners.”  (Italics added for emphasis).  As you can see, your vote in November has NO impact on my term of office.  My term of office, according to NRS 269.022, ends on December 31, 2014.  However, I will continue to ask that you retain control of your Local Government by electing experienced citizens to serve your Local Government as members of your Town Board.  I would hope that you clearly understand the impact if your elected Town Board becomes an Advisory Board under the Board of County Commissioners.  It is up to you to stand up for yourselves and chart the direction which you choose for Pahrump.  If you choose to reduce your Town Board to ONLY an “advisory board”, you will have LOST your option to control or participate in decisions within our community.  We would then be governed by the Nye County Commissioners … NOT by any local Town Board. 

In a unique way, the Pahrump Town Board, Nye County Commissioners, and members of the State Legislature could be compared to the human body.  Each part of the body has a specific function and without each body part the body itself suffers.  If any disease is found, we have the option to 'heal' it.  In "government", however, we have the right and option to vote, and by doing so, we are attempting to "heal" or address the needs of our community.  (Few people shoot themselves inthe foot just because they have a "headache"!)  Let us address our needs through the proper channels without "shooting ourselves in the foot" which would destroy our local government! 

Again, to retain control of your local government beyond December 31, 2014, Remember to vote NO in November when you see the BALLOT QUESTION, “Shall the Pahrump elected town board form of government be discontinued?”  Vote “NO” so you can retain your local government. 

Therefore, I encourage each of you to retain your local government by voting “NO” to the above question. 

Dr. Tom Waters
Pahrump Town Boardtwaters@pahrumpnv.org
775-764-0949