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Top Story

Jul. 15, 2009

Cox faces fine for petitioning

By GINA B. GOOD
PVT
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Donna Cox, president of Concerned Citizens for a Safe Community, was cited by Pahrump for trespassing Saturday, July 11, and issued a $640 ticket.

According to Town Manager Bill Kohbarger, Cox and others set up a table on town property to collect signatures for various petitions recalling County Commissioner Butch Borasky and Pahrump Town Board members Nicole Shupp and Bill Dolan.

Cox and the group Recalls-R-Us are also gathering names to present to the Pahrump Town Board to terminate Kohbarger's contract with the town.

"Pursuant to the NRS, that group was not in compliance with state law. They were not supposed to be there," said Kohbarger. "They had not notified the town in advance."

Nevada Revised Statute 283.127565 spells out the use of public buildings that are open to the public and occupied by a governmental body must include "an area ... for the use of any person to gather signatures on a petition at any time that the building is open to the public."

The statute also says before a person can gather signatures at a designated area, he or she must notify the town of "the dates and times that the person intends to use the area to gather signatures on a petition ... The public officer or employee may not deny the person the use of the area."

The town designated two areas where solicitation to sign signatures are allowed. "We sent in diagrams to the Secretary of State showing the Bob Ruud Community Center and the town annex building," explained Kohbarger.

"The recall people are a registered group with the Secretary of State. They are allowed to petition. When they registered, they were given all the rules by the Secretary of State's office," he continued.

"You have to obey the rules. I called the sheriff's office because I received a complaint. The deputy was very professional and polite. He was courteous and he asked them to leave over and over again before he finally gave her the ticket.

"Donna yelled at the deputy. She was shown the NRS. She knew the rules, but she was bound and determined to stay. She said she wanted her day in court."

If Cox decides to fight the citation, she may get her wish.

According to an attendee at last Tuesday night's CCSC meeting, who preferred not to be identified, Cox said she was within her rights because the group was not petitioning on town property. She claimed Recalls-R-Us was on state property, within an easement between Highway 160 and town property.

Don Cox preferred not to comment on specifics but said his wife, Donna, would address the issue at the July 15 Pahrump Town Board meeting.










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