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Top Story

Nov. 02, 2007

Nye County will pay deductible over Hollis

By MARK WAITE
PVT

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The insurance will cover the legal costs of defending Nye County against a lawsuit filed by Nye County Commission Chairman Gary Hollis, but there will still be a $25,000 deductible to pay.

Both sides in the case agreed to dismiss the case with prejudice and pay their own legal fees and costs as part of a settlement reached in Fifth District Judge Robert Lane's quarters July 17. The order wasn't filed with the county clerk's office until last month.

Nye County Assistant Manager Pam Webster confirmed the county's $25,000 deductible cost this week.

The case dates back to December 2000 when Hollis applied for the position of Tonopah town manager.

Hollis was hired Oct. 17, 2001, by a 3-1 vote of the Tonopah town board.

Hollis's lawsuit charged former Nye County Commissioner the late Dick Carver influenced two members of the Tonopah town board, Cindy Kaminski and Mike Truesdale, to change their vote by threatening to stop the county funding of certain projects and threatening Geneva Hollis's position as assistant county manager.

A month later, Hollis's appointment as town manager was rescinded by the Tonopah town board. The board never set a date for employment, but did earmark a $45,000 annual salary for the position.

Legal filings allege Carver took the action in retaliation for an ethics complaint filed against him by Hollis, over the fact Carver was driving a vehicle donated by a constituent.

Nye County claimed Carver's actions were discretionary with regard to his position as a commissioner.

The suit claimed Nye County interfered with Hollis's prospective rights to employment with the town of Tonopah.

Hollis, a former Pahrump town board member who won election to the Nye County Commission in November 2004, said he didn't want to publicize the case out of respect to Carver's widow, current Nye County Commissioner Roberta "Midge" Carver.

Dick Carver died Jan. 9, 2003, at age 58. Former Gov. Kenny Guinn appointed Midge Carver to replace him, she then won election to District 1 in November 2004. She doesn't plan to seek reelection next year.

Former Pahrump town attorney Len Smith said he represented Hollis on a contingency basis, until he suffered medical problems. Attorney Frank J. Cremen represented Hollis in the final stage of the lawsuit. Hollis said his legal fees only amounted to about $3,000.

"I didn't charge him anything until the end. So we were square," Smith said. "I certainly sympathized with him and with Geneva. I thought Dick Carver was out of line."

"I thought the Nye County Commission should've done something about it and of course the town of Tonopah was involved, but just sort of tangentially," Smith said.

Nye County was represented by Douglas Rands, of the law firm of Rands, South, Gardner and Hetey.

"Due to the nature of the allegations set forth in the complaint, we believed that the district attorney's office was in conflict situation," District Attorney Bob Beckett said. "We felt the best course of action was to let the insurance company represent the county as they typically do."

Beckett said if the district attorney's office represented the case, it would still have cost his department time and money.

James Eason, a native of Tonopah, was eventually given the Tonopah town manager job.














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