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May 25, 2007
Petell town board hearing again stalls
By CHRISTINA EICHELKRAUT
Jim Petell, chairman of the public lands advisory board, for a second time avoided a hearing in front of the Pahrump Town Board that was meant to assess his competence and character. Petell was initially scheduled for a hearing over a month ago, but John McDonald pointed out the law required him to be notified of the hearing in person or via certified mail 21 days prior to any such session. The issue was first placed on the agenda by Town Manager Dave Richards in response to several complaints he said he received regarding the chairman's conduct while representing the town. Among other things, Richards cited an incident when Petell demanded private information about one of his acquaintance's ambulance bill. Richards said when he attempted to follow up on the matter, Petell accused him of conspiracy. By the time this week's meeting came around, the back-up material included a letter from Len Ferne, a resident who actively pursued the closure of BLM shooting lands adjacent to his property. Ferne said he received "a confrontational visit" from Petell and his friend Ken Grubb. "Jim Petell threatened to kill me for my involvement with the closure," Ferne wrote. He added that, in his opinion, "The state of Nevada has exacerbated the matter by not revoking Petell's concealed weapons permit." Nye County Sheriff Tony DeMeo confirmed that Ferne filed a complaint and Petell was issued a misdemeanor citation on March 10 for threats and harassment. Another letter from Shawna Coldren at the town office claimed Petell often stole office supplies, "was rude to the female staff," and abused the county reimbursement system (e.g., Petell allegedly submitting grocery store purchases as a "meal"). DeMeo said Bernie Fleeman, ordinance enforcement officer, went to Petell's house in an effort to personally serve him a notice of the hearing. When Petell refused to come outside of his house or answer the door, Fleeman called the sheriff's office to keep the peace, DeMeo said. When Petell was called on the telephone, DeMeo said he hung up. The advisory board chairman arrived at the Bob Ruud Community Center dressed in a suit and with his personal video camera rolling. But since Petell refused to accept notice of the hearing, Richards suggested to the board they wait to proceed with the hearing and instead notify Petell via certified mail. Richards added that he thought as long as they sent the certified notice and had proof of that, the board could continue with the proceedings even if Petell didn't sign for it. When Chairman Laurayne Murray asked town lawyer Carl Joerger if that was true, the lawyer explained for a second time to the board that, due to personal dealings with Petell, he could not offer advice. A motion to table the item until the notice could be mailed passed unanimously, but not before Petell called a point of order from the audience. He pointed out that public comment was not held on the matter, but Chairman Laurayne Murray informed him that public comment was not needed for items that were being tabled. However, she offered to reopen public comment since, as tabled, the item was no longer on the agenda. Petell approached the podium first and presented his case, chastising the board for the hearing. "This is the second time I've been brought forward to you without any confrontation, without any discipline, without any knowledge of wrongdoing, without any service," Petell said, despite going on to accuse Fleeman and a sheriff's deputy of trespassing, ostensibly when they attempted to accomplish that service. "They banged on the door once. I was very sick from over-dehydration during the day," Petell explained. He also added that he attempted to file a complaint against the deputy and Fleeman, but this was refused by DeMeo. DeMeo said he had attempted to explain to Petell that Fleeman and the deputy were not trespassing but acting in an official capacity. "There was no discussion at all as to why he was there," Petell said. "I'm a volunteer and you have the audacity to bring me in front and defile my character in front of the whole town." He called the back-up material "erroneous gossip" and threatened the board that if it attempted this again, "there would be repercussions" and they should consider getting a personal lawyer. "Try it again, pay the price," Petell said as he left the podium. McDonald responded by explaining that they were attempting to comply with the law, hence the attempt to serve him notice. "Believe me, this is not a pleasant experience for any of us," McDonald. Former board member Paul Willis informed the board that plenty of advisory board chairmen in the past had been removed without citing statute and suggested they approach Petell personally. "It's not seemly to put a man who has worked for the town up for public humiliation," Willis said. Sam Jones showed his support for Petell by asking the board how they had "the audacity to assassinate somebody's character when you don't even know him." |
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