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Top Story

Jun. 26, 2009

No vote yet on Kohbarger

By GINA B. GOOD
PVT



GINA B. GOOD / PVT
After Tuesday night's town board meeting, attendees gather in front of the Bob Ruud Community Center. Tables for various petitions have been set up on meeting dates since May 12.


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One of the most talked about subjects in Pahrump in the days preceding Tuesday's town board meeting was whether or not Town Manager Bill Kohbarger would be fired.

But, in the words of William Shakespeare, it was much ado about nothing.

Board member Frank Maurizio, who placed the item on the agenda, requested it be removed and tabled. With only three board members able to attend the meeting, Maurizio's motion to table passed unanimously.

Maurizio said previously he sponsored the item because on June 8 a petition signed by 131 people was submitted to the board at a special meeting held to approve Kohbarger's employment evaluation.

The petition asked for Kohbarger's removal. Both Maurizio and board member Mike Darby signed the petition.

Vice Chairman Bill Dolan ran an orderly meeting in the absence of Chairman Nicole Shupp, who stated at the previous regular meeting, June 9, that she would be on vacation. Member Vicky Parker was also absent, as her mother-in-law was hospitalized that day with a broken hip.

It was announced on KNYE radio several hours before the meeting that the discussion and possible decision to terminate Kohbarger's employment without cause would be removed from the agenda. Still, about 75 residents attended.

Public comment was not taken until the end of the meeting. Stephanie Lopez, who was attending her first board meeting, stepped to the podium. She said she and her family moved to Pahrump in 2005 from Las Vegas.

"I volunteer at my son's elementary school and my husband coaches T-ball." She explained that she knew Kohbarger because his son plays T-ball. She had no idea he was the town manager until she saw his picture in the Pahrump Valley Times last Friday and read that signatures had been gathered from people who wanted him terminated.

"Bill and his wife were at every game and you could see the joy and love on Bill's face," Lopez said. "Bill never came off like he was arrogant or powerful. He brings a lot of joy to this town. He can bring some serious, much needed changes to this town."

She then presented 150 signatures, along with addresses, printed names and ages to the board from residents who wanted Kohbarger to remain as town manager. She gathered the information from talking to residents in the Walmart parking lot. Attendees applauded her three-minute statement.

Butch Clendenin spoke against Kohbarger, saying the "C" rating he received for his performance review "is not good enough for the town of Pahrump. We need to strive for better in this town. I would hope when this motion comes back ... he is let go with cause."

Bob Irving spoke against the whole board, saying "I am very ticked off. I hope you guys get replaced. This is the only time (for residents) to tell you what's going on and we only get three minutes. I am very upset with the board."

John Koenig addressed Dolan, recalling a piece on service, trust and confidence that Dolan read at the start of the meeting. Koenig said the board should try to have trust and confidence in the people of Pahrump. "You don't even get a 'C' in my book. Sorry. I wish you did."

Donna Cox, representing Concerned Citizens for a Safe Community, asked why the item discussing Kohbarger's termination was tabled. Maurizio said it was at the advice of the town attorney, Rick Campbell. Campbell then told Cox no more would be explained as it was covered by attorney-client confidentiality.

Cox said she didn't think client-attorney privileges applied at a town meeting and wanted Campbell to state the Nevada Revised Statute covering the issue. However, according to Campbell, "The advice was not at the town board meeting. It was in my duty and role as counsel to this town, and that's privileged and confidential and only the town board can waive that."

Cox then asked why the town board did not waive it. "This is supposed to be a public forum. You have a quorum. You have been making decisions on every other item here. Why could you not have made a decision on this one?

"Does the town board run the town or does the attorney run the town? If the attorney runs the town, we have really got a problem. There's no need to have a town board then."

Cox then asked when the item would be placed back on the agenda, but she did not get a specific date.

"I am sure you had a discussion before the meeting and came to some kind of consensus," she said.

Dolan said, "No, there was no discussion before the meeting. That would be against the open meeting law. The attorney supplied every board member with a client-privileged document. The motion was made, it was seconded and passed, and that was the end of it."

Cox replied, "OK, you have a document that you are not going to release to the public so that we can view it?"

"You are correct," said Dolan. "That's covered under client-attorney privilege."

Dolan then accepted an additional 150 signatures from Cox to add to the 131 signatures she previously submitted.










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