Carl Joerger Don Rust Advertisement

Carl Joerger gave the town his 30-day notice, terminating his $5,000 per month contract as town attorney, at Wednesday's Pahrump Town Board meeting.

Pahrump's contract with Joerger came up for discussion as an agenda item at the request of board member Don Rust, the sole member to express dissatisfaction with Joerger's work.

Slated for discussion, action and decision, Rust asked in writing for the board's consideration "regarding the future of the town attorney's contract and work with the town." According to Joerger, seeing the item on the agenda was the first he'd heard that the was town seeking new council.

Joerger has been the town counsel since April 2006, working as an independent contractor. His agreement with the town had no specified termination date. Either party -- the town or Joerger -- could give 30 days notice to end the business relationship with no fault assigned to either side.

The contracted services include providing legal advice to the town manager and Pahrump Town Board, as well as reviewing and drafting contracts, lease agreements and ordinances.

When introducing his item, Rust said, "I want to have potential replacements."

Although Joerger said no one had spoken with him about ending his contract, Town Manager Bill Kohbarger came prepared to answer Rust's request. "We have two firms we are currently looking at," said Kohbarger. He also said the town "already has one proposal in hand."

"I hear he is a great defense attorney," Kohbarger said of Joerger, "but we need somebody more experienced in local government."

Joerger agreed at least partially with the town manager, saying, "I am a great defense lawyer as well as a great civil litigator."

The lawyer then cited many instances where he negotiated settlements during his tenure as town attorney, including union negotiations between the town and the firefighters union.

He mentioned that for the first time no outside arbitration was necessary to settle that contract, which normally comes at a high cost for the town.

Joerger also said he orchestrated the town's sex offender ordinance in such a way that "it was not challenged as being unconstitutional by the ACLU."

"I did not ask for this job. I was asked by the former town manager," Joerger said. "The town wanted somebody local and somebody readily available."

Joerger also intimated that the "interesting timing" of this agenda item somehow related to his position against Pahrump Valley Disposal in pending litigation relating to Pahrump.

"I don't give advice you want to hear. I give advice you need to hear. I have one job -- to look out for the town," said Joerger.

He then said the town could find another lawyer and pay him enough so he would tell board members what they wanted to hear, "but it will come back to bite this town on the butt.

"I am happy to walk away, if you want to get someone to say 'yes'".

On a personal note, Joerger said Rust originated the agenda item because the two men disagreed five years ago when Joerger was Rust's landlord.

Lastly, Joerger said again that no one had even mentioned the agenda item to him and said, "Effective 30 days from tonight, you have my resignation."

Generally, comments from the board members were supportive of Joerger. However, Rust was adamant in saying he was simply not satisfied with the town attorney's work and that it was not personal.

"Does he think I would hold a grudge for five years? I have got better things to do with my life," Rust stated.

A group from Pahrump Valley Disposal was standing in the back of the sparsely filled meeting room at the Bob Rudd Community Center, and John Shea, owner of the firm, made a short statement in rebuttal.

A handful of perturbed citizens lined up to speak in support of Joerger. Most of their comments centered on the fact that no specific wrongdoing by the attorney was cited.

Pahrump resident Mark Blagge stepped up to ask, "Is this normal procedure when you want to change staffing of a department -- to just seek a replacement?"

Chairman Laurayne Murray pointed out that the town attorney was not an employee but an independent contractor.

One person summed up the frustration of those in attendance: "If the gentleman has not done anything wrong, why is he being fired?"

Rust's reply brought an audible groan from the floor when he said, "We are not firing him -- he quit."

In the end, the board voted unanimously to accept the attorney's resignation and instructed its staff to continue to seek a replacement.