MARK WAITE / PVT Jim Petell, Tony Siragusa and Stephanie Farmer take an oath as they turn in a notice of intent to recall Nye County District III Commissioner Gary Hollis at the Nye County Clerk's office in Pahrump Monday. Advertisement

Residents angry at Nye County commissioners' Sept. 19 approval of the development agreement for up to 5,800 homes, planned by Focus Property Group, vowed to recall commissioners who voted for it.

Monday, three residents carried out that threat. Jim Petell, Tony Siragusa and Stephanie Farmer filed a notice of intent to recall Commissioner Gary Hollis with the Nye County clerk's office.

Hollis was one of three commissioners to approve the development agreement. The two other commissioners were Candice Trummell, whose term expires in January, and Joni Eastley, who represents a district that includes Tonopah, Beatty and northwestern Pahrump Valley.

"Candice is a lame duck, it would prove nothing for her. Joni is in a district that's widespread up north," Petell said, explaining his reason for singling out Hollis.

Petell, a frequent critic of county government, said organizers of the petition drive will be required to obtain 695 signatures, one-fourth of the people who voted in District III in the 2004 election. The filing of the notice to recall sets into place a 90-day deadline to obtain the signatures.

"We aim to get over 800 to 1,000 (signatures). We will check everybody from the registered sheets of 2004," Petell said.

The recall petition will be circulated near Smith's Food and Drug and at the Nye County Courthouse, but Petell said it will be more than 100 feet from the polling place, as required by law. The recall began as voters packed the Nye County Courthouse to cast early votes in the Nov. 7 general election (page A1).

The Nye County clerk's office will have four days after the recall petition is turned in to perform a raw count. If successful, a recall election will be held within 30 days.

Hollis, whose term as commissioner of the district in the west side of Pahrump expires in January 2009, took it all in stride.

"They can recall any elected official for any reason on any decision. It's their constitutional right. I would never go against their right to recall me. I think I made the best decision," Hollis said. "I was going to be recalled either way. I had both sides of the fence wanting to recall me."

The commission vote on the Focus Property Group development agreement has also been an issue on the campaign trail this year among candidates running for the Nye County Commission, although the critical vote has already been cast.

"I'll just have to take my lumps the way they are. I'm going to continue to do my job," Hollis said.

Hollis said commissioners last week voted to approve a development agreement that will allow William Lyon Homes to build homes on 6,000-square-foot lots at Mountain Falls North subdivision. William Lyon Homes plans to build up to 1,100 homes in that subdivision. The Focus Group was allowed a variance from Nye County code, which mandates a minimum lot size of 8,000 square feet, or down to 7,000 square feet in a mixed-use zone. Focus Group will be allowed to build on lots down to 4,000 square feet.

When asked why petition organizers don't wait until 2008 when Hollis would be up for reelection, Farmer, a co-signer of the notice of intent, said, "He has to be out soon. We supported him and he's done nothing for us."

Siragusa said Hollis "hasn't been doing his job."

Recall petitions of elected officials haven't been successful in Nye County in recent years. In 2001, Harley Kulkin attempted to recall Nye County Commissioner Cameron McRae but fell short of the required signatures. Jan. 4, 2000, Tom "Bubba" Hannah, Cora Jean Clements and Marilee Botos, filed a petition to recall former Sheriff Wade A. Lieseke Jr., but Fifth District Judge John Davis ruled 1,100 of the signatures signed "John Doe," supposedly for fear of intimidation or retaliation, were invalid, leaving the petition drive short of the necessary 2,391 signatures.

Nye County Commissioners, however, abolished the Pahrump hospital district board in August, 2002, after a petition drive.

The petition filed Monday charges that Hollis exhibited "dereliction of duty, lack of due diligence, malfeasance and abuse of power while serving the people of Nye County and Pahrump.

"Gary Hollis voted to approve the development plan of the Focus Group, which was in clear violation of numerous Nye County ordinances that he was dutybound to uphold," the petition states. "Gary Hollis voted to provide the Focus Group with numerous compliance waivers that lawfully would not be granted to other developers. Gary Hollis's vote harmed the people of Pahrump by allowing the Focus Group to violate our ordinances while other developers had to comply."

The vote commissioners' endorsed a double standard that is discriminatory and unlawful, the petition charges.