Public meetings / Board of County Commissioners
July 5, 2022
140 turns, 140 with a named speaker, under 5 agenda items. The words and the names are the county clerk's.
3. Commissioners’IManaqer’s Comments (This item limited to announcements or
Commissioner Strickland
asked Victor Fuentes to meet with Water District Manager Dan Weeks and bring the water issues to them. She then said there was a groundbreaking this morning for a new medical facility on Lola Lane that would be able to do surgeries.
Commissioner Jabbour
said he enjoyed the fireworks.
Commissioner Blundo
wished everyone a happy Independence Day. Public Information Officer Arnold Knightly said during Jim Butler Days Joni Eastley recruited William Stark from Administration to produce the Jim Butler Days Cookbook with recipes in tribute to Tonopah Serbian families, which were $5.00 each. Planning Director Brett Waggoner reminded the candidates of the regulations regarding campaign signs. Per the Nye County regulations for signs located in rights-of-way, they were supposed to be removed 1 5 days after the canvass unless the candidate was moving forward to the general. July 5, 2022 3. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d. Fire Chief Scott Lewis provided a report on the activities of the crews last night between 9:00 p.m. and 4:00 a.m., which included numerous fires due to fireworks.
Commissioner Jabbour
asked if any of the situations happened at the Zambelli Fireworks event. Chief Lewis stated he could not connect any of them to the Zambelli event. RECORDER
27. Presentation of Projected Expend itures of money in the Recorder’s
Commissioner Blundo
said he appreciated all staff, but to him executive management should be performance driven and not unionized. He also had concerns with the agreement such as the performance evaluations, which appeared to be subjective.
Commissioner Carbone
said he was always concerned about this process. The CPI was used to determine cost of living, which was also used for urban wages, although the County was not really an urban unit. He felt the calculations being used may be a July 5, 2022 10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to: 1) Adopt, amend and adopt, or reject the Nye County Management Employees Association Agreement to include the reporting of the fiscal impact of the agreement; and 2) Approve the economic impact of the Nye County Management Employees Association Agreement to cover non-represented management employees-Cont’d. little out of whack. He also pointed out that while the increased costs today may not be around forever, this agreement would be through 2025.
Commissioner Strickland
invited Commissioner Jabbour to discuss the confusion with the change in steps and grades as she did not feel a good job was done reaching out to employees about this new contract.
Commissioner Jabbour
knew a lot of work had gone into the contract and one of his main concerns was the steps, grades, and positions. As it was explained to him there had been misalignment for a long time. There was a lot of confusion among people thinking they were being demoted to a different level while others were being promoted. He reminded staff, the Commissioners, department heads and other elects that when there was no communication and confusion there was a risk of losing really good people. He hoped that alleviated some of the pressure and anxiety.
Commissioner Strickland
did not think it was a good time to negotiate a contract with the economic currently out of whack. She also thought an 8.5% CPI was ridiculous and said she could not support this at this time.
Commissioner Cox
said she agreed with what had been said and did not believe political entities should have unions.
Commissioner Carbone
opened the public hearing. Ammie Nelson stated her opposition to this item. John Bosta thought the Board should ask the public for input during the negotiations.
Commissioner Carbone
closed the public hearing.
Commissioner Blundo
made a motion to reject; seconded by Commissioner Cox.
Commissioner Jabbour
understood the motion to a certain level, but he asked if clarification was needed on where staff should go from here and what the Board wanted to see in the future. Tim Sutton said the next step would be to meet with the union and negotiate something a little more palatable to the Board. If that could not be done, it would be brought to the EMRB for a final determination. July 5, 2022 10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to: 1) Adopt, amend and adopt, or reject the Nye County Management Employees Association Agreement to include the reporting of the fiscal impact of the agreement; and 2) Approve the economic impact of the Nye County Management Employees Association Agreement to cover non-represented management employees-Cont’d.
Commissioner Blundo
assumed the Chair of the Board of Highway Commissioners. 11. For Possible Action Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public work projects. Public Works Director Thomas Boiling provided updates on the on-line requests, the activities of the crews, and the various projects throughout the County. Ammie Nelson mentioned the potholes between Barney and Leslie on Basin as well as a lot of shrubbery on Woodchips. John Bosta asked when the chip seal would be done on Farm Road. He thought the Commission should think about the miles of roads in Pahrump, an unincorporated town, compared to the miles in other communities. It seemed like the majority of the roadwork was done in Pahrump while there were still dirt roads in other towns.
Commissioner Jabbour
pointed out the contact on the agenda form still read the old director and said that needed to be corrected.
Commissioner Cox
asked who the contractor was on Dandelion and Mount Charleston, to which Mr. Boiling responded Wulfenstein.
Commissioner Cox
asked if there was only one place in the country to get that pipe from.
Mr. Boiling
advised not too many people carried that size of pipe.
Commissioner Cox
said to go back to putting a guardrail in there as the Board voted, It was months into the project and there was still an unsafe corner. She would like to see the figures on what the drainage would cost versus the guardrail.
Mr. Boiling
said it would be the same price. July 5, 2022 11. For Possible Action Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public work projects-Cont’d.
Commissioner Cox
said over in the area of Rand and Barney were several small streets with a lot of potholes. She asked to have someone evaluate it and get something done about it soon.
Commissioner Blundo
asked Mr. Boiling to get a little follow up on the Mount Charleston situation and let everyone know.
Commissioner Carbone
asked how long it took from when the document was filled out on-line for holes that needed to be looked to get something done as he had requests that had been in for weeks.
Mr. Boiling
said it was usually in a couple of days and he would check into those requests.
Commissioner Blundo
asked how much work had been done in Amargosa and the cost for it in the last five years.
Mr. BoIling
advised in the last five years about $350,000.00 in tax dollars that came from Amargosa, and the County had put $1 million into Amargosa in that same period. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD
Commissioner Jabbour
assumed the Chair of the Licensing and Liquor Board. LIQUOR 12. For Possible Action Presentation, discussion and deliberation regarding Liquor License fees collected for Fiscal Year 2021-2022, and discussion and deliberation to consider the renewal of licenses for Fiscal Year 2022-2023 pursuant to Nye County Code 5.04.190(B)(1).
Commissioner Blundo
disclosed he held a privilege liquor license, which was included in this item, and he would recuse himself from voting on item 91 as that was his business. He would participate on the other licenses.
Commissioner Jabbour
opened item 91, Hole in the Wall Group. Leo Blundo, speaking as a member of the public, stated he was the owner of Hole in the Wall Group and confirmed they were still operating. July 5, 2022 12. For Possible Action Presentation, discussion and deliberation regarding Liquor License fees collected for Fiscal Year 2021-2022, and discussion and deliberation to consider the renewal of licenses for Fiscal Year 2022-2023 pursuant to Nye County Code 5.04.190(B)(1)-Cont’d.
Commissioner Strickland
made a motion to approve; seconded by Commissioner Carbone; 4 yeas. Commissioner Biundo had recused himself.
Commissioner Strickland
asked if there were any items on the list of liquor licenses the Board needed to be aware of. Samantha Tackett said page 5 showed the three unpaid licenses. As to the Beatty Club, she had been unable to contact the licensee, which happened every year, and the Sheriff said she would try to reach out to them. T&N international paid, but the check was received a day after the deadline. The license for MJG Jupiter Enterprises was closed as of June 30, 2022.
Commissioner Biundo
made a motion to suspend the Beatty Club license; seconded by
Commissioner Strickland
. Maria Zlotek advised that was off the agenda as the action item was to consider the renewals. There may be separate procedures under the Code for suspension that provided for due process and notice.
Commissioner Blundo
explained he did not want to revoke it, but he also did not want to do anything detrimental if it was just an issue of not paying. Like had been done customarily in the past, it was suspended until paid and when they paid they were just reinstated or it came back to the Board to reinstate.
Mrs. Tackett
recommended the Board take action to not renew and the license could be brought back for future action.
Commissioner Jabbour
said when this came before the Board last year they were one of the same applicants that had not paid. They were given a little extra leeway until further notice and they had paid within 30 days. It was usual and customary for this particular entity to be late for whatever reason and Commissioner Jabbour recommended rescinding the second and motion.
Commissioner Blundo
withdrew his motion; Commissioner Strickland withdrew her second.
Commissioner Blundo
made a motion to approve with the exception of the Beatty Club; seconded by Commissioner Strickland.
Commissioner Blundo
asked for an update on the Winery. July 5, 2022 12. For Possible Action Presentation, discussion and deliberation regarding Liquor License fees collected for Fiscal Year 2021-2022, and discussion and deliberation to consider the renewal of licenses for Fiscal Year 2022-2023 pursuant to Nye County Code 5.04.190(B)(1)-Cont’d.
Mrs. Tackett
said she had no information other than they were making their payments.
Commissioner Blundo
said it was for a license they did not have.
Mrs. Tackett
stated she was not the appropriate person to answer the legal things going on with that license.
Ms. Zlotek
recalled from the last hearing there had not been a final ruling on the district court proceedings, but that license was reinstated and there was no final ruling on the injunction. She would have to look.
Commissioner Blundo
said now there was a temporary injunction operating outside of what the Board was doing. He did not want an approval today of their fake, fictitious license so they could come back and say the Board approved it if they lost in court. As to the suit, Ms. Zlotek said the District Attorney’s Office could file the appropriate motions to see if a ruling would be forthcoming. The order from the court was that respondent was to immediately reinstate the Nye County liquor license to Nevada Wine Cellars and shall keep the license in effect until further order of the court.
Commissioner Blundo
amended his motion to approve all except for the Beatty Club, and for item 127, Nevada Wine Cellars, it was a conditional approval per the court’s order; Commissioner Strickland amended her second.
Ms. Zlotek
stated under the Code there was no conditional license and that was the issue that had arisen in the past. The court’s order also said the respondent was enjoined from suspending, revoking, or taking any other action that would adversely affect the status of the applicant’s liquor license or to otherwise interfere with the use and enjoyment of their right.
Commissioner Blundo
did not think the motion was interfering and felt this approval would come back at the Board.
Commissioner Strickland
withdrew her second because she recalled the words “conditional renewal” brought the Board to the court case in the first place.
Commissioner Cox
asked if that order was based on the old license they apparently had with the original owner or was it regarding a whole new license. She said this was regarding a whole new license without having anyone else’s name on the license. July 5, 2022 12. For Possible Action Presentation, discussion and deliberation regarding Liquor License fees collected for Fiscal Year 2021-2022, and discussion and deliberation to consider the renewal of licenses for Fiscal Year 2022-2023 pursuant to Nye County Code 5.04.190(B)(1)-Cont’d.
Ms. Zlotek
said the license was for Nevada Wine Cellars and the order regarded license number LQ1 0-000811.
Mrs. Tackett
explained this item was the license for Nevada Wine Cellars and the current owner/operators. It had nothing to do with the previous owner/operators.
Commissioner Jabbour
suggested going back to the original motion to approve with the exception of the Beatty Club and get clarification from the court after.
Commissioner Blundo
made a motion to approve the list with the exception of the Beatty Club; seconded by Commissioner Strickland; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS
Commissioner Blundo
assumed the Chair of the Board of County Commissioners. CLERK 23. For Possible Action Discussion and deliberation to: 1) Appoint three members to the Pahrump Regional Planning Commission due to three expiring terms from the following list of applicants: Leah-Ann DeAnda, Sarah Chapman, Carol Curtis, Deborah E. Hayden, Gina Meredith, and Jacob Skinner; or 2) Readvertise for the appointment.
Commissioner Carbone
made a motion to appoint the following members to the term ending June, 2026: Deborah Hayden, Jacob Skinner, and Sarah Chapman; seconded by Commissioner Blundo.
Commissioner Strickland
said she liked Sarah Chapman, but she did not like her cannabis organization and felt anything regarding cannabis would be a conflict.
Commissioner Cox
suggested choosing Leah-Ann DeAnda. Planning Director Brett Waggoner said when RPC members were involved in different organizations it did make it difficult and it could be a perceived conflict. Mr. Skinner was currently a superintendent for Richmond American Homes, which could also be problematic.
Commissioner Blundo
said he was struggling to hear the conflict of interest as for the foreseeable future he did not see any other marijuana coming up. There were realtors on the board who made disclosures and recused themselves. Commissioner Carbone July 5, 2022 23. For Possible Action Discussion and deliberation to: 1) Appoint three members to the Pahrump Regional Planning Commission due to three expiring terms from the following list of applicants: Leah-Ann DeAnda, Sarah Chapman, Carol Curtis, Deborah E. Hayden, Gina Meredith, and Jacob Skinner; or 2) Readvertise for the appointment-Cont’d. also worked directly with this board, so either the other Commissioners supported his selection or not. Commissioner Blundo said he would like to see the vote on the motion.
Commissioner Carbone
said this board’s complexion would change now that the County’s population was over 45,000. He was looking for people with different backgrounds as the RPC would go County-wide and not be just inside the PRPD, which was why he chose the individuals he did. He thought Sarah Chapman was the only one there was an issue with.
Commissioner Carbone
made a motion to appoint three members to the Pahrump Planning Commission to the term expiring June, 2026: Debra Hayden, Jacob Skinner, and Gina Meredith; seconded by Commissioner Strickland; 5 yeas.
Commissioner Carbone
assumed the Chair of the Board of County Commissioners. TIMED ITEMS 6. 10:00 a.m. Presentation by Tyson Falk with loneer regarding the develo pment of the Rhyolite Ridge LithiumlBoron project. Tyson Falk from loneer provided an update on the development of the Rhyolite Ridge lithium/boron project. COUNTY MANAGER
29. For Possible Action Discussion and deliberation to format all resolutions
Commissioner Carbone
understood this item was on the agenda because of the communication issues in getting things signed. July 5, 2022 29. For Possible Action Discussion and deliberation to format all resolutions and letters approved by the board to be signed by only the Chair or Vice Chair Cont’d.
Commissioner Jabbour
said when this came up last year he agreed and thought it made sense. However, after going through the painstaking process for the past year and a half he thought there was a bit of redundancy having all of the Commissioners’ signatures and he was perfectly fine with only the Chair or Vice-Chair signing.
Commissioner Jabbour
asked what the contingency was if they were not available. Samantha Tackett said it would usually go to the most senior Commissioner at that point, but in reality it could be any of the Commissioners.
Commissioner Blundo
stated the reason it was before the Board today was because the Commissioners signed different letters. There was never an issue when he signed a letter as a liaison to the nuclear waste industry items or when he signed anything for Workforce Connections, or when Commissioner Strickland signed for NACO, but when there had been letters specific to certain things it was forced to be brought to the Board. He thought the policy should be respective to the Commissioners’ liaison positions and just have people sign things. Tim Sutton disagreed with Commissioner Blundo at that time, the policy came to the Board and got butchered, and now everyone’s signature was on everything. Commissioner Blundo said he understood where staff was coming from, but it just needed to be simple.
Mrs. Tackett
explained her intent on this item was specifically due to the time it was taking, the amount of work in follow-up, and delays resulting in different departments and different entities waiting for the documents to be signed. At this point it was taking a minimum of two weeks to get things signed.
Commissioner Carbone
asked Mrs. Tackett if she was talking mainly the items being done during the Board meetings and not the other letters.
Mrs. Tackett
said that was correct, and with those other letters the Commissioners did have their own letterhead they could use. Things going out on a Commissioner’s behalf was simply asking staff to assist them with that item.
Commissioner Carbone
suggested making the decision as a Board on a case by case basis if everyone wanted to sign something.
Mrs. Tackett
said she would be okay with case by case, but she wanted the Board to be aware that delays would still occur unless everyone was together. July 5, 2022 29. For Possible Action Discussion and deliberation to format all resolutions and letters approved by the board to be signed by only the Chair or Vice Chair- Co nt’ d.
Commissioner Carbone
asked Mr. Sutton to draft something simple and discuss it with him. John Bosta thought the Commissioners who approved a resolution as well as those who voted against it should be on the document.
Mrs. Tackett
explained there was formatting for resolutions and ordinances that indicated how the vote went, it was just not a requirement for those individuals to sign it.
Commissioner Strickland
suggested making a motion on this item and then formalize it through policy. She did not think it was necessary for everyone to sign and that was why there was a Chair and a Vice-Chair.
Commissioner Strickland
made a motion to format all resolutions and letters approved by the Board to be signed by only the Chair or the Vice-Chair; seconded by
Mr. Bosta
said in the past signatures of all Board members had to be on the documents. He did not think it fit the policy and that it was just a speedy way for the Board to not have to sign. He felt as a Board they should all sign.
Commissioner Blundo
was not present. TIMED ITEMS 7. 10:00 am. Presentation by Ann Carpenter and Sean Kilgrow regarding Pathfinder Tonopah’s Liberty Complex including the mine development efforts and the company’s objective to develop solar PV energy generation on Pathfinder’s private lands in the Liberty complex. Ann Carpenter and Sean Kilgrow gave a presentation regarding Pathfinder Tonopah’s Liberty Complex.
Commissioner Strickland
said the Board needed a letter of support from the Tonopah Town Board. July 5, 2022 7. 10:00 a.m. Presentation by Ann Carpenter and Sean Kilgrow regarding Pathfinder Tonopah’s Liberty Complex including the mine development efforts and the company’s obiective to develop solar PV energy generation on Pathfinder’s private lands in the Liberty complex-Cont’d.
Ms. Carpenter
said that had been brought to her attention. They had been talking with various individuals and were arranging to complete a presentation and introduction like the one done here to seek that support letter. 8. 10:00 a.m. Presentation by Pythom Inc. regarding a potential rocket development and test activities project at the Tonopah Airport. Tina Sjogoren, co-founder of Pythom Space, and her husband, Tom Sjogren, were present.
Commissioner Carbone
asked if they had been before the Tonopah Town Board. When
Mrs. Sjogoren
responded no, he said they had to do the same thing with the Town of Tonopah and get a letter of support.
Mrs. Sjogoren
gave a presentation regarding the potential rocket development and test activities project at the Tonopah Airport. Utilities Superintendent Darin Tuck said he met with them at the airport and walked parts of it. The extreme southern end had a lot of land not being used and he could not think of a better use for it than testing rockets. He also did not see their operation hindering anything out there.
Commissioner Strickland
asked about the air traffic.
Mr. Tuck
said it was far enough away from that and their operation was on the ground only. He felt it would be a good fit for the airport.
Commissioner Carbone
mentioned the movie theater and other things that were planned for the airport.
Mr. Tuck
explained the area they were looking at was a fenced area at the airport. Brett Waggoner said fire protection would need to be discussed as he noticed they were fueled by corn-based alcohol.
Commissioner Jabbour
asked what they were using now for fire suppression.
Mr. Sjogren
said they always brought a water truck. July 5, 2022 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 13. For Possible Action Discussion and deliberation to accept the updated By Laws for the Pahrump Parks and Recreation Advisory Committee.
Commissioner Strickland
noted on page 2 of the back-up under Purpose it said advisory capacity to the Board of County Commissioners acting as the Town of Pahrump Board. She asked if that was necessary or if it should just be the Board of the Town of Pahrump. Samantha Tackett said it was a formality, but the Board could change it to the Board of the Town of Pah rump.
Commissioner Strickland
said she would like to make that change throughout the document. Tim Sutton advised there was no town board. It was the Board of County Commissioners acting as the town board. Courtney Kenney asked that this item be tabled. The by-laws were asking to take donations and in her opinion the advisory committee did not fully think that through.
Commissioner Jabbour
asked how many permanent jobs there would be.
Mr. Jensen
explained a 20-megawatt project would take both maintenance and operations oversight. They believed as more projects were constructed there would be companies operating multiple facilities at the same time. The traditional formula would be about two-full time employees.
Commissioner Jabbour
said the solar industry had invested $8.4 billion in Nevada. He asked what this project would contribute to that $8.4 billion projection. July 5, 2022 14. For Possible Action Presentation by Robby Jay. VP Project Management, Energy Project Solutions, regarding Consolidated Edison Development Inc’s proposed construction of a solar photovoltaic energy generation facility to be located at 3751 W. Betty Avenue, Pahrump, NV, Assessor’s Parcel Number 027- 541 -25; and discussion and deliberation to consider providing a Letter of Support for the proposed project to Consolidated Edison Development lnc.-Cont’d.
Mr. Jensen
thought it would be better to talk about the total cost to construct the project and then how much of that would be materials procured somewhere else. A typical construction project was about 45% to 50% labor and 50% materials and equipment. A 20-megawatt project would cost about $40 million to construct, and labor would be in the neighborhood of $15 million to $20 million.
Commissioner Strickland
asked about the annual tax benefit to the County.
Mr. Jensen
said an economic had not been run for this specific project. On certain components of the project there was a State level tax abatement process for a portion of the goods and services for the site. From a private land perspective, unlike a BLM site where the County received revenue from an abated sales and use tax on the materials delivered to the site, the County would get real estate property taxes along with the unabated part of the sales and use tax.
Commissioner Strickland
liked the low water usage and that it was on private land. She believed the best use for private lands in the County was solar.
Commissioner Cox
said the land was right in the middle of a bunch of houses on three sides. She asked what the long building next door to it on the left side of the picture was. Brett Waggoner said that was a landing strip for mobile airplanes.
Commissioner Cox
asked Mr. Jensen if he had spoken to the people who lived there and gotten a consensus of how they felt.
Mr. Jensen
advised a member of the team had. About a year and half or two years ago direct mailings were done to the adjacent property owners soliciting input. Some asked questions and seemed to be satisfied with the responses, a lot of which had to do with the myths about the market.
Commissioner Cox
asked if notices would be sent by Planning also, to which Mr. Waggoner responded yes.
Commissioner Carbone
asked Mr. Jensen to revisit the notification issue since the initial one went out over a year ago. He mentioned how he watched thousands of gallons of water go out to another place that never seemed to stop. July 5, 2022 14. For Possible Action Presentation by Robby Jay, VP Project Management, Energy Project Solutions, regarding Consolidated Edison Development Inc’s proposed construction of a solar photovoltaic energy generation facility to be located at 3751 W. Betty Avenue, Pahrump, NV, Assessor’s Parcel Number 027- 541 -25; and discussion and deliberation to consider providing a Letter of Suppo rt for the proposed project to Consolidated Edison Development lnc.-Cont’d.
Commissioner Strickland
asked Mr. Jensen if they would do grade and construct or mow and construct.
Mr. Jensen
said the site was nearly vegetation free and very flat, so the intent would not be grading. It would be mow and keep any vegetation intact.
Commissioner Cox
asked where they would haul the water from for this project.
Mr. Jensen
said they were not exactly sure because it was really early, but the intent was to get it in Nye County as the project area was not serviced by a water company. They would not install a well.
Mr. Waggoner
said one of the things that had been a requirement on other private properties was a development agreement, which would ensure materials were deliver ed or purchased here in order for the County to see a sales tax benefit since that could be stipulated. The other thing they always encouraged these types of developments to do was to try to utilize local labor. Mr. Waggoner said the important thing to remember before this went to the Board of County Commissioners as an SUP application, there was a requirement that a letter showing they did a presentation and hopefully a recommendation for approval or denial be provided, and that could also be recommended conditions which could be included in the back-up that came to the Board.
Commissioner Strickland
thought with this being so close to private property the development agreement may require fencing that could not be seen through as was required for storage buildings.
Mr. Waggoner
said in previous discussions that had been brought up and it could be handled through conditions placed on the SUP or through a development agreement.
Commissioner Cox
asked if the power would stay locally or be sent to California.
Mr. Jensen
said that was unknown at this time, although they hoped for it to be purchased locally. They would love to sell the power to Valley Electric. Ammie Nelson asked about the possibility of Valley Electric connecting and who would pay for that. If it was unknown as to where the power would be used she wondered why they chose that location for the project. As to the water usage of 20-acre feet, she said that was the yearly replenishment from the Spring Mountains. Ms. Nelson suggested July 5, 2022 14. For Possible Action Presentation by Robby Jay, VP Project Management, Energy Protect Solutions, regarding Consolidated Edison Development Inc’s proposed construction of a solar photovoltaic energy generation facility to be located at 3751 W. Befty Avenue, Pahrump, NV, Assessor’s Parcel Number 027- 541 -25; and discussion and deliberation to consider providing a Letter of Support for the proposed project to Consolidated Edison Development lnc.-Cont’d. the Commissioners check with Boulder City to find out how much it cost to maintain a 100-acre facility.
Commissioner Strickland
clarified the recharge to the valley was 20,000 acre feet of water, not 20. John Bosta said the Board needed to look at what roads they intended to use, restrict them to only those roads, and stipulate they could not go to the State for a tax abatement. Assessor Sheree Stringer said if this went through they would need a letter from the Governor’s Office of Energy, and if they met the income requirements they would receive a 55% abatement pursuant to NAC. She wanted to caution the Board on that because they would receive that 55% abatement for 20 years.
Commissioner Strickland
made a motion to provide a letter of support for the proposed project to Consolidated Edison Development, Inc., as written.
Commissioner Cox
said she did not care for the way the letter was worded. She did not mind looking into the project, but she did not agree with the recommended approval at this time. Commissioner Cox felt signing the letter would give them an avenue to sue the County.
Commissioner Strickland
asked Commissioner Cox if she would prefer the Commissioners draft a letter of support themselves and bring it back for future approval.
Commissioner Carbone
pointed out that in order to follow what the Commissioners had agreed to at one time they had to get some kind of statement out of the town boards. He felt the letter could be written after a decision was made.
Commissioner Strickland
withdrew her motion.
Mr. Waggoner
suggested a letter be drafted in opposition to or in support of the project with certain conditions recommended to the Board of County Commissioners when it came to them as an SUP. Also, there was nothing in the Code for an SUP to be conditioned upon the requirement of a development agreement.
Commissioner Carbone
suggested not approving this at this moment and direct staff to write the proper letter to be brought back to the Board. July 5, 2022 14. For Possible Action Presentation by Robby Jay, VP Project Management, Energy Project Solutions, regarding Consolidated Edison Development Inc’s proposed construction of a solar photovoltaic energy generation facility to be located at 3751 W. Betty Avenue, Pahrump, NV, Assessor’s Parcel Number 027- 541-25; and discussion and deliberation to consider providing a Letter of Support for the proposed project to Consolidated Edison Development lnc.-Cont’d.
Commissioner Strickland
made a motion to have a letter of support written by the Planning Director and staff; seconded by Commissioner Carbone; 4 yeas. BOARD OF COMMISSIONERS 15. For Possible Action Closure of meeting, pursuant to NRS 241 .01 5(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 16. Closed meeting, pursuant to NRS 241.015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 17. For Possible Action Discussion and deliberation on conference with legal counsel regarding potential or current litigation presented in closed meeting. This item was removed from the agenda. 18. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 19. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 20. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. July 5, 2022 21. For Possible Action Discussion and deliberation to direct staff to advertise for letters of interest to fill the unexpired term of the Nye County Clerk due to the resignation of Sandra Merlino pursuant to NRS 245.180.
Commissioner Strickland
asked Sam Merlino what her retirement date was.
Mrs. Merlino
said it was August 5, 2022.
Commissioner Jabbour
said there was a Chief Deputy Clerk in the office, and as far as he knew the Chief Deputy of any department would step in and be the acting department head. He asked if she would be willing to do this.
Mrs. Merlino
advised she could not take the position.
Commissioner Strickland
suggested moving the person who was elected to that position and fill it at the January, 2023, meeting. MarIa Zlotek cautioned the discussion was getting off the agenda item, which was just whether or not to advertise.
Mrs. Merlino
said if it was advertised there would be no appointment until August 2, 2022, which would leave only two days to get someone on board.
Commissioner Strickland
felt the appointment needed to be made.
Mrs. Merlino
said there was a possibility to get it on the July 19, 2022, agenda to just make an appointment without advertising like was done with the Treasurer’s position. John Bosta said the rumor mill indicated the Clerk had resigned. He asked what resignation was being discussed.
Mrs. Merlino
explained she submitted a letter of resignation or retirement that would be effective August 5, 2022, about a month and a half ago.
Commissioner Jabbour
made a motion to appoint Christopher Phillips and Sara Sweeney to the term ending January, 2023; seconded by Commissioner Strickland; 4 yeas. 25. For Possible Action Discussion and deliberation to: 1) Appoint six members to the Nye County Water District due to six vacancies from the following list of applicants: Kelly Hill, Bruce Holden, Ernie Jackson, Michael Lach, and Helene Williams; or 2) Readvertise for the appointments.
Commissioner Strickland
made a motion to appoint to the term expiring June 30, 2024, Ernie Jackson, Helene Williams, and Bruce Holden, and to the area of Nye County other than Pahrump Valley Public At Large with a term expiring June 30, 2024, Michael Lach; seconded by Commissioner Jabbour; 4 yeas. 26. For Possible Action Discussion and deliberation to: 1) Appoint three members to the Nye County Wildlife Management Advisory Board due to three expiring terms from the following list of applicants: Samuel Jeffrey Jr, Allen Lynn, Ryan Perchetti, and John Terras; or 2) Readvertise for the appointment.
Commissioner Jabbour
made a motion to appoint Samuel Jeffrey Jr., Ryan Perchetti, and John Terras with a term to end June, 2025; seconded by Commissioner Strickland; 4 yeas. SHERIFF 28. For Possible Action Discussion and deliberation to: 1) Accept the Federal Fiscal Year 2020 Office of Justice Program’s (OJP) Bureau of Justice Administration (BJA) State Criminal Alien Assistance Program (SCAAP) Grant Award through the United States Department of Justice, in the amount of $7,412.00 for the period of July 1, 2018 through December 31, 2022 for the purpose of assistance for costs associated with incarceration of undocumented convicted criminal aliens who are held in Nye County jails. There is no County Match required; 2) Allow for a one-time exception for Comptroller Savannah Rucker to electronically execute the grant award documents; and 3) Fund $7,412.00 from Grants 10340.
Commissioner Strickland
made a motion to accept the Federal Fiscal Year 2020 OJP BJA SCAAP Grant award of $7,412.00 for the period of July 1, 2018 through December 31, 2022, allow for the one-time exception for the Comptroller, and fund $7,412.00 from Grants 10340; seconded by Commissioner Jabbour; 4 yeas. July 5, 2022 PUBLIC WORKS
33. Commissioners’/Manager’s Comments (This item limited to announcements or
Commissioner Strickland
mentioned the special meeting scheduled for tomorrow and said she did not understand why that could not have been handled today under emergency items. She asked to have that revisited in the future as she thought it cost a lot to have staff facilitate those. Tim Sutton said one of the items there was plenty notice of, but there was not enough after the prior agenda had posted.
Commissioner Jabbour
reminded everyone to protect their children, save and conserve the water, and spay/neuter pets. Regarding Order 1330, Commissioner Cox advised the other day the Supreme Court made a decision that said a lot of the agencies like EPA, etc., could not write laws or go beyond their means. She thought that may make a big difference on that order and it may be illegal.
Commissioner Carbone
said $250,000.00 was approved for cloud seeding and asked what was done with it. He thought it probably should go the Water District Board. Savannah Rucker believed it could be funded through ARPA under the clean water section of the policy, which they were still working on.
Commissioner Carbone
thought the County Manager had been working on something to get the State Engineer to a meeting.
Commissioner Strickland
said she would like to have a joint meeting with the Water District Governing Board. _day July 5, 2022 33. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslaqendas)-Cont’d. Sam Merlino announced her office should be going live with OpenGov for fictitious firm name certificates and marriage licenses. She asked the public to give a little leeway as it was a big change for the office.
34. ADJOURN
Commissioner Carbone
adjourned the meeting. APPROVED this ATTEST: Of O4’J- 2022. Nye Couty Clerk I Deputy 7022 0410 0000 0406 6327 z Lu x 1: I 0) IC) O_ C) IC) IC) IC) IC) ‘C C’- C) (0 I.— C’) I C’) C’) 4< (N I- - 4< .- 11_S Os C’) C’) -I 41 4< Cl) 0) C’) I I CO CO cc) I 4< — ‘C 4- 4- I 4< 1< 0.’00 4- - 4- c/S <jS It) 10 C IC) I ,9- ,9- 0) — (CI 4- C) .3) — C) ‘0 E CISC) 0 <N 11) (0 0) .— 0) 0 C’— 0. i C 4” ‘4— (CX i-’ 0) C cCCN 05 4< - C) ‘4—DC C 0) C< > C) ‘—4 n 0) 4< ‘4— 4—’ 0 C ((3 — N (1) : —‘ - (I) (3) CC 00) 0 4- C I- 0) CC C)) 4< C’- V 0 -—- ‘is C,) 0) C) C’ -— >4’ 00)0) 0) — 0) ‘i)Q - 0)0 — C,) (N V 0 4< F— 0 CI’ 0) C)-.-- C ‘f’ C) C) .— LO C) C) ‘I C 0< C 0 •.-- CI) 0.0)) - —+ Os 1— C-s C’ IC) . C) C ‘4— ‘0 —‘ C) CD N <I) -— (IS - 4’ <‘-A C C 0< C). 0) 0) 0) 0) 0l C’) <‘-4 C I-- CI) , 04-0) .-• <is C) 0 C C) ‘-4 — <C) C” - CC C- C) V C 4-’ C) CX) I)) 0) Osco C) ‘‘ C) 4-’ 4-’ 4- 0 4—’ — C C C --- --- C 0 ( 0 (0 - 0< - 0 — --- ‘—‘ — (0 > 3) 0) ‘C 0) ‘—4 -‘r -L C’ 0 0. I (3)11,) 5- 0) CX 0)5 , 4- 4- ,C (C) 0) <CX 0) 4’ —‘‘>- ,1)C3.—<’-1 0 C C).— C C) N It) - .C 4-’ 4—’ 4’ 4— ‘— ‘3) C ITI’0LUL Ill)) co <4-’ CD cc) c_ — CO C (I) (N 0< 4-- F-—O AD C) 4-’ (1< II) - 4- ((1 0 ‘C 0) c’) ---- 0) C C’) 0) 0. il 0) 0) C C’) C 4- (3) IC) - - *1 1(1 C’) (/) ,-. I) LI- > 0) OSLO - I (N C) C-C CISC) 5 0)-— 4< .0 C 0.0). ‘,- C’) 1) -‘ -— C (1 1- C C) c/S QC) C) >.C’) C) )C CD (CC 4-C-—i-’>4< E+—t)C/)(N 5 0< C ‘0 ‘0 0)0 -_ . (13 C) -CS > C’) C) C) C’) ‘is ‘C 4< --— Cl) LI_SIt) (3 0 — 4--’ 0) 0 C) C) )< F— C’) 0)1 <0(0 0 C (0 C) (N —‘0)—CC) 0 (3 ‘3) u,j = (0 5,- - (3) (N ( - -4 55 C-) C’) C’— 4’ 0 Cl) 0 << 0) <1) 2. 0 0 ‘0 CX) 00) ‘4)0)5- CO I C) C’) C’ — — ‘40) (0’ 4-00) Cl) - C’ V - C-C C’- CC C) 4- ‘0 <2) 3) C <—‘ 5, (N ‘I) CC C 5- 0 9— C) 4—’ . a) cfl (0) C) 0 (0 - 4< /) (0 0) •— C 5- -C 4- I r Cl) (F) C-C C) -. C) C) 1 <1 0 C. 0) 0 (0 0) ‘4— 0) <4) ,—‘ C V C C C) I <N -——..— ‘i—’--j.-cT (3) 4’ 0 0) 0 C) ‘I- 0) 0 0. CI) C (CX C 4’-’ w -CC) — (C IC) 0)1’) --— 0CC) CC) ‘+— 0) 4< C 4’-’ C C,) 0) Cl.) C. C 0) 4-’ 0) . 5-— 0) — 4-’ C- C-C ‘CI <<iOU 0)<c 0 C) 5- 0)— C 1)) — 0 ‘I— CC C’) CI) C (3) C) 0 C) 4— 0) 4- 0) 4-’ (0 •.‘-I/,It) 1.0) C) C — C,) I4- C)’— —(C O-— -— - C C) 4-4-— <C 0< Cl) 0) <3) 0/’’)) c. ‘30)— — — (CX C 2. Cl) I —-—CI IC) E----CIl)O--VC)CO 4’ ‘1) C/) (CX 4- >0<00 ‘00)0 C) - ClC )-C )_S c’YI ‘ 9—’ 0 4< U ‘-‘ 4-’ 0.’-’ 0 0 (CX <1) ci tOt’s— C) _J -— I-) ‘0 (1) 0 110)2 -.--0)LCW-—’ 4-D0)9—’-’4’ 0) (CX Il) 0 0) 0) 0 C 0) 0 <Cl -. C (CI OS C,) DC 0) 4-O—C’ <0(010(1) C’- 0 (0 .— C 4- C’) - - 0)-—-— (0 <CX -. — 4--’ (CX C) C) C) 4’ I_—CC —LLCI)0) DC)Cf<— -— C -• (3 ‘ C 4—’ 1—’ I-. -s--- C. — (04-’ (CX 0 4-’ C) C) ‘ 4< CC CC 0 4< 4-’ <T)C) .C C0)C ‘4—C) <flIt) C’) ‘ ‘ 0 CC C U. -—4--- C C. (CX V CI) 4’ 0 C 0 ‘— 0? C) 0 <— C > (1) 0. < C/) C- — (C 4< (1) 0 0) +-‘ - — ‘-‘ 0 ‘--. D’Crn 5- It) 0) Cl) 4-’ I 4-’ 0 C 0 1)) 4< 5- 0) 4< 0 (CX II) (1) ‘—, CI) ‘4— C (N 4-’ ‘ 4-’ C) -— 0. 0) 0 <1)’0 0.0 C ---- 4’—’ C) 4’ 0-— 0 C 4—’ 0) C 11)’ ‘--, - - (3) (3 4—’— C) C) 4-’ 0)-— 4< C i—’ (0 0) Cl) 0 - —4--’ CC — . •— (0 (1) 5< I— (0 0 0 0.(0 C) CC C) 4< (CX— CC C (1) — (1) CC CC 4— C)) ‘ 0 0 0) 0) CU 0) CI) 4- 5 0) 4< .0 C) 1) 0. 10 ‘0 I— (‘4 0) (2. (0 () 0. 0 <I) Cl) 4-4 .04-4- 4’ C 4-’ 4-’ C,) ((3 <0 0. CD ‘ C) ‘ C) — V I 4—’ C)) - - I— 4< LI) <I) — (.1) C. 4—’ CI) C I— -. C ‘-‘0 ‘1) C. ‘ --- OS (C - (3 4< 4- 0) V -— 4-’ -— C C C 0 ‘0 (()I C 4—’ (0<-C) 4- ÷-‘ CO (4) 42 0 ‘- ‘4— <C 2. ‘_ 0 ‘C’ <(4 Ic 4- ?c <<4-— 1)) CC — 4-’ CC I (2. 4< 0)0 s-—s C — C)) (I) 1— I ((3 C) ‘ 41 C’ -CL —<--‘ -— 0 (00 ,-) 0 0 C 0 SI SENDER COMPLETE TNIS SECTION • complete ItemS 1,2, endS, • Print your name and addreos on the Teveme So that we can return the cac to you. X L1A.rti • Attach title card te the back of the ncallpioce, 0 Addmne.n a R.n. by leled Nan.) U.teLO,runry or on the front If apace permits. 1. SIt,rleAcldrnserd,o D. leddney StbNe*ne, Ne, 17 Ne If YES, enI dM.ery ledlepa tether DNa ‘— $J1 3. S.r,.nelbye C OeleedIle C .,aNd NeNeeId.dD.Nny C caaon. nan. eee.aed 0n1n.y Cf Ct • ; H ‘0 SI to ci, 0 June 19, 2022
Mr. Adam
Sullivan State Engineer State of Nevada Division of Water Resources 901 S Stewart St. #2002 Carson City, NV 89701 RE: WRITTEN COMMENT TO INTERIM ORDER #1 330 To the governing and regulating agencies of water rights in hydrographic Basin 230: Order #1330 will place even more onerous restrictions over a more expansive geographic area on the movements of water rights (changes in point of diversion & place of use) within Basin 230. These restrictions are being placed on water right movements with the stated goal of protecting the Devil’s Hole Pupfish, by ensuring that the water level in Devil’s Hole doesn’t drop more than 2.7 feet below the steel bolt. But, the historical record (see attached Graph) does not support the need for further restrictions on the use of water in Basin 230. In fact, the water level in Devil’s Hole is higher today than it was in 1980 (over 40 years ago) despite the overall increase in groundwater pumping in the Amargosa Farms area since that time. Rather, this graph supports the contention that groundwater pumping in the Amargosa Farms area, does not affect the water level in Devil’s Hole, which is situated on the other side of a gravity fault and whose water comes from a distinct, separate source. Order #1330 is an ill-conceived and ill-crafted attempt to be a solution to a problem that does NOT exist. Order #1330 casts a pall of uncertainty over the owners of water rights in Basin 230 by subjecting any request to move water pumping and use (other than domestic wells) to the approval or denial by an unelected bureaucrat dependant on their interpretation and application of the continuing evolving and changing Death Valley Regional Ground Flow Model. This Nevada Department of Water Resources’ over reach is resulting in the effective diminishment and “taking” of these private property rights from their lawful owners, resulting in the curtailment of economic growth and opportunities for the residents of Amargosa Valley and Nye County. Order #1330 needs to be re-crafted to support and enable the lawful use of water rights by their holders, freeing them from the capricious, arbitrary, and discriminatory whims and decisions of unelected bureaucrats without due process. Given the above facts, WE, the undersigned, hereby respectfully request that Order #1330 be sent “back to the drawing board” to properly reflect the facts of the Devil’s Hole water level and solicit additional input from residents, boards, (i.e. Nye County Water Board) and local governing entities of Amargosa Valley and Nye County, to ensure that the full scope of the issues and adverse impacts to the local residents and water right holders have been adequately identified, quantified, and are taken into consideration in the final Order #1330. DEViLS HOLE DEATH VALLEY NATIONAL PARK DAILY MEAN WATER LEVEL VALUES 0.00 0.20 -: 0.40 0.60 [L 0.80 1.00 1.20- 140 -- I- - 1.60- Ui 1.80 2.00 2.20 F- - o 2.40 - 2.60 - 2.80 -. I— Q 3.00 Ui 3.20 3.40 3.60 3.80 4.00 —- 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 2020 2025 Water Year )23 HJOHO IIHJNt oi. iiiiIuo NIUJHM : ____ Order #1330 needs to be re-crafted to support and enable the lawful use of water rights by their halders, freeing them from the capricious, arbitrary, and discriminatory whims and decisions of unelected bureaucrats without due process. Given the above facts, WE, the undersigned, hereby respectfully request that Order #1330 be sent “back to the drawing board” to properly reflect the facts of the Devil’s Hole water level and solicit additional input from residents, boarr (i.e., Nye County Water Boards) and local governing entities of Amargosa Valley and Nye Courty, to ensure that the full scope of the issues and adverse impacts to the local residents and water right holders have been adequately identified, quantified, and are taken into consideration in the final Order #1330. 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Kc’°f 2L71.2 ,4fl /i// 673sjonjLr. ihw4’-j flFF&’? ---- 1$ ‘/ ie j / (3 rJ D’ 3/ y %k 7 Acp0tV /J3jp & 3t4 il25 2L2 /‘1,Y7O5 117IY5 Yoel. ‘ 0 K h sc L4 33 . /J (/y RE: WRITTEN COMMENT TO INTERIM ORDER #1330 &L U I & _,.) c C) 2 V kl OEET# H]aNo L/dftI3lNI 01 1N3L’dLfJ0D N3IIINM :3J ci? N C ‘0 c:i9 U (u,. U a) c N ‘I, \ a) -D N N C en en L LU 0 LU I . .‘) z kiL,7 ) 0 I I— z LU 0 . C-) z E 1ii:1 Iid zj ‘s RE: WRITTEN COMMENT TO INTERIM ORDER #1330 Name! Nombre Signature/Firma Address/Dirección 1v/_ -jJ: JdS\ \ti A*E L12 S c-. k1AJ& ar/i Gki 9O ;ô J4J P1Fkf\ Rc,c iz C &cv(\& 2\O c 0 bC ira. i/c’1 ie I s;(K \f crcI4p jJ 99-c)) Adai tc — DAV V?c fjJL A RE: WRITTEN COMMENT TO INTERIM ORDER #1330 -0 ° 0 z L r w U p (ç -) - I 0 O0?I_ ç)rJ L. .Q) 3 N’ j 4- ‘ :3 /0 0 d) )— -‘ _c_ _r 1 0 0 - D 7— 00 .÷— i-::, 4 o’ 4-C — o — cç LJ 0-’ ) —L Firefox () about:blank PICKSON, TI-IORPE& ‘ SWAINSTON,LTD. THOMAS P BEIcO A1TORNEYS AT LAW I 885 SOUTH ARLINGTON AVE RENO. NEVADA 89509 . SUITE 205 OF COUNSEL ROGER L. ERICKSON DONALD A. THORPE )OHN A. ASER.ASTURI MAILING AOORE5 QEORG W. SWAINSTON BRENT L RYMAN 0 5oy 3559, RENO. NEVADA 89505 11937 2007) PAUL N. BERTONE TELPNONE 775.7863930 ACSIMILE 775.786.4150 BRYMAN@ETSRENO.COM ‘l4 ELECTRONIC MAIL ONLY June 27, 2022 Michael Stuart Noyes 1970 N. I.eslie Street 7 Pahrump, Nevada 89060 rnichaelnoyes5 7 hotmail.corn Re: DEMAND TO CEASE AND DESiST FRAUDULEIVT iNSURANCE CLAIMS Dear Mr. Noyes: It has come to my attention that you have contacted representatives of Nye County. its insurance carrier and agents to demand payment of a fraudulent insurance claim on behalf of an individual named Douglas Joseph Herich. Please note that 1 have been retained to represent Nye County. its officers and employees against Mr. Herich’s fraudulent claims and demands, which have been submitted to the Nevada Attorney General’s insurance fraud unit for criminal investigation. With that in mind, Thereby demand that you cease and desist from contacting these represented parties regarding this matter. Please note that ifyou continue to contact my client or its agents on this matter despite this demand, my clients reserve all rights to include you in any suit seeking temporary and permanent injunctions, as well as for recovery of any and all damages, penalties, attomeys fees and other remedies to which they may be entitled. Very Truly Yours, /s/ Brent L. Rvnzan BRENT L. RYMAN, ESQ. BLRJImI cc: (via email) Clients 1 of 1 6/29/22, 4:22 PM Firetox about: blank L’RICKSON, THOPPE& ‘ SWAINSTON, LTD. AITORNETh AT LAW OF COUNSEL ROGER L. ERICKSON I 885 SOUTH ARLINGTON AVE SUITE 205 DONALD THORPE REN0, NEVADA 85O9 . THOMAS P SEKO JOHN A ABERASTUP.I MAILING ADDRESS. GEORGE W. SWAINSTON BRENT L RYMAN p (1937 2007) Box 3559. RENo NEVADA 89505 , PAULM. BERTONE TELEPHONE 775.7863930 FACSIMILE 775786.4160 BRYMAN@ETSRENO.COM E’14 ELFXTRONTCM41L ONLY June 28, 2022 Michael Stuart Noyes 1970 N. Leslie Street #7 Pahrump, Nevada 89060 niichaelnoves5_7ihotrnail coin Re: DEMAND TO CEASE AND DESIST FRAUD ULENT iNS URA NCE CLA IMS Dear Mr. Noyes: It has come to my attention that despite yesterday’s instruction to cease and desist you have continued to contact representatives of Nye County, its insurance carrier and agents — and specifically Danielle Hill ofLP Insurance to demand payment ofa fraudulent insurance claim on behalf of an individual named Douglas Joseph Herich. As you know I represent Nyc County. its officers and employees in reiard to Mr. Herich’s fraudulent claims anti demands, and have demanded that you cease and desist from contacting these represented parties regarding this matter. I again request that you please comply with this request so that my clients are not forced to include you in any suit seeking temporary and permanent injunctions, as well as for recovery of any and all damages. penalties. attorney’s fees and other remedies to which they may be entitled. Ve Truly Yours. /s/ Brent L. Rwn an BRENT L. RYMAN, ESQ. B LRi’lml cc: (via email) Clients 1 of 1 6/29/22, 4:21 PM E 1N3L’JHDVIIV -——--- -. ANDTHAfGOVUR’%MEN1 CM THE PEOPi4 oJ, a— - - BY-ThE PEOPLE, FOR Tf WPEOPLE..; • -. SHAI L NOl PERJSFL FROJ FilE EARTH d Abraham 1 in. .b; 4 ,L•,, , / -.-•. -- ? • . Th,, hr.thy ;infftiniy on.ns UI!tfd St.itnanied hriii to s wiihiur dtiaJLir J,ndmncL’z.idin cne of-neni • S Lo;:-. all rwi.faidi1pIrwn çtfJ,,.sJ..r7st;iCp:r - r : :- tiitMc r’rndu.frc ,te r!-pzsc.r UiIcIdIr4 IPriL L. • C • . . p1 ‘ft’iC WIJdtU :ac . -- d1udolr.kk6 r ia*:&. wdiaJ.p-s.’ctads siz . up -n.rz .. R - E REDACTED PERDNRS 205.4617 A C T E D P E REDACTED PER NRS 205.4617 R REDACTED PER NRS 205.4617 N R S f. 2 0 - • j 5 . I. ‘—• - • —. up—. - - - • A :— / C— - —‘ • ,,•—. .7 - .• cf (fi) Chex Systems, nc. ATTN: Consumer Relations Wood 7805 Hudson Road, Suite 100 bury, MN 55125 wwwchexsystems .com ChexSystenis Toll Free: Fax: 800-513-7125 602-659-2197 REDACTED PER NRS 205.4617 02/10/2021 DOUGLAS JOSEPH HERICH 3390 VAN LN PAHRUMP NV 89048 REDACTED PER R NRS 205.4617 E I Coniume’ ID D for DOUGlAS JOSEPH HERKH This report was prepared using the identifiers Aprovided by you. Please provide your Consumer ID number along with your name and Social Security number inCany future contact with Chex Systems, Inc. T E Persona’ nfornrntIbn D associated with a consumerfile at ChexSystems. This could This section displays certain personal information P addresses, phone numbers and email addresses. include information such as names, date of birth, E Names: DOUGLAS JOSEPH HERICH; DOUGLAS R HERICH; N Addresses: R 1170 SHADY LANE PAHRUMP, NV 89060 S 1970 N LESLIE ST453 PAHRUMP, NV 89060 2 3390 VAN LN PAH RUMP, NV 89048 0 5 Phone Numbers: (775) 209-8727; (424) 488-9079 . 4 Date of Birth: 6 /REDACTED PER NRS 205.4617 1 7 ri ome Credit Report date May17, 2020 YOUR CREDIT Credit Score You still have 4 of 6 free Equifax credit reports available betore ApflI Lb, 2U4’I. bet my tree credit report Credit Report F’ Summary PersonalInformation Report Uate: May 1/, iuzu Revolving Accounts Creditors use your personal Information pimanly to identify you. This intormauon has no impact on your o’eoit scores. Mortgage Accounts Identification Installment Accounts Name DOUGLAS HERICH Other Accounts Formerly Known As Lonsumer Social Security Number 3575 Statements Date of Birth REDACTED PER NRS 205.4617 Personal Information Other Identification Information Inquiries Public Records Collections No other identification on file. Your Rights You currently do not have any Other Identification in your tile. YOUR IDEN1 ITT Contact Information Freeze OATS STATUS AODRE5S Fraud & Active Duty Alerts jun 01, 2018 CURRENT 1970 N ISSUE ST 453, PAHRUMP, NV 89060 Dispute Center Nov 01,2017 FORMER 117OSHADYI.N, PAHRUMP,NV89060 Oct 01, 2017 FORMER 335 E ALBERTONI ST STE 200404. CARSON, CA 90746 Fraud Alert or Active Duty Alert Contact Information 6/11(2020 Trans Union TransUnion. Online Dispute Service Credit Report and Request Details Current File File Number: 381765214 Report Date: 06/11/2020 Name: DOIJGLASJ KERICH Address: 3390 VAN LN PAHPUMP. NV 89048-5210 Credit File Details not previously retained in our production database. This data You rosy see that TransUniori has enriched your credit report with adtionaL personal and financial information managed your credit over time. can eanbie you and your creditors to see a more complete plcuwe of how you have PERSONAL INFORNATION You have been on our files since 01)01/1987 SSN X)(X-XX-3575 Date oF Birtlt REDACTED PER NRS 205.4617 Q Your SSN has been maslwd for your protection. Names Reported DOUGLAS J. HERICH. DOUGLAS D. HERICH and DOUG HERICH ADDRESSES REPORTED Address: Date Reporte8: 3390 VAN LN 06/01/2020 PAHRIJNP. NV 89048-5210 1170 SHADY LN APT 453 08124/2017 PAHRUMP. NV 89060-9309 1970 N LESLIE ST APT 453 06/09/2018 PAHRUI.IP. NV 89060-3678 6)11)2020 Dispute summary Online UispULe LFUUIFAK contirmation Numoer : REDACTED PER NRS 205.4617 Name: DOUGLAS) HERICH Social Security Number: XXX-XX-S/S 1170 Shady Lane, fl _I ThRD PQflfl Date of Dispute: unoiuu Time of Dispute: 17:03:40 S I Estimated Date of Completion: 0711012020 DISPUTE SUMMARY PERSONAL INFORMATION # Current Address : 3390 Van In. Pahrump, NV 89048 -. This addres,çioe5 not belong to me. Previous Address : 335 E ALBERTONI ST STE 200404, CARSON. CA This address does not belong to me. 90746 REDACTED PER NRS 205.4617 Consumer Statement : ThE CORRECT DATE OF BIRTH IS IF Update my consumer statement ANY CREDIT CARD, MORTGAGE LOANS, CAR LOANS OR OThER KINDS OF SECURED AND UNSECURED LINES OF CREDIT APPEAR IN ThE INFORMATION STORED FOR THE LEGAL PERSON KNOWN AS DOUGLAS HERICH, A LEGAL NAME INDIVIDUAL-FiRST LAST NAME-FULL NAME, HAVING ANOTHER DATE OF BIRTH THAT DOES NOT MATCH THE DATE PROVIDED ABOVE, IT DOESNOT BELONG TO THIS PERSON OR THIS EQUIFAX ACCOUNT. Please use the above confirmation number for all future communications on the status of your dispute The dispute verification process may take up to 30 days. Please note, when you upload documents, including letters, to Equifax as part of your dispute, the documents may be submitted to one or more companies whose information is the subject of your dispute. Firetöx ?cf (c) about: blank Nye County Sheriffs Office Deputy Report for Case 1 9NY-4283 Nature: THREATENING NY Address: 1521 F SIRI LN: DETENTION Location: NYPNO PAHRUMP NV Offense Codes: OTHR, FIPO Received By: Cruz E f-I How Received: 0 Agency: NYSO Responding Officers: Dillon M G Responsible Officer: Dillon MG Disposition: CI3A 12(11.19 When Reported: 11:44:21 1206’l9 OccurredBerween: 11:44:21 1206’19 and 11:44:21 1206119 Assigned To: Detail: Date Assigned: Status: Status Date: *j** Due Date: **,,**/** Complainant: Last: First: Mid: DOB: **;*/ Dr Lie: Address: Race: Sex: Phone: City: Offense Codes Reported: TI-IRE Threaenin Observed: Additional Offense: OTI-IR All Other Oflnses UCR Additional Offense: FIPO False Information or Report Circumstances 52995 INTIMIDATE PUB OFF/OTHERS Responding Officers: Unit: Dillon M 0 NYNU2 Responsible Officer: Dillon M G Agency: NYSO Received By: Cruz Eli Last Radio Log: 11:46:46 12/06/19 CMPLT how Received: 0 Officer Report Clearance: C Report Taken When Reported: 11:44:21 12106/19 Disposition: CBA Date: 12/11/19 Judicial Status: SUB Occurred between: 11:44:21 1206/19 Misc Entry: and: 11:44:21 12/06/19 Niodus Operandi: Description : Method Involvements Date Type Description C-’ : J:ie Ar.ce is ROM OiTED 1 of 3 6/14/22, 4:10 PM • Firefox about: blank Deputy Report tbr Case I 9NY-4283 Page 2 of 3 Narrative In late September of 2019 I was emailed a copy of a pseudo-law. Sovereign Citizen Extremist (5CR) style lawsuit that had been sent to the Nevada Attorney Generals office from suspect Douglas Wench, who was incarcerated at the time in the Nyc County Detention Center in Pahrump. The dtcument was sent from the NCDC, using the NCDC’s address as the return address, The suit was addressed to Nevada Attorney General Aaron Ford, at his office in Las Vsges. The document had been received by the Attorney General’s Office, and forwarded by the AG’s Chief of Investimation Ron Swanson to the Southern Nevada CounterTerrorism Center )SNCTC) The SNCTC forwarded the document to me for further investigation. Herich is known to me from past contacts, and during •,thoae contacts he baa espoused rhetoric cunsiatent with SCR beliefs. Herich has stated that he does not need to register his vahicle, have a drivers license, or possess insursnca, which led to his incarceration after multiple traffic srops and citations fcr those charges. Wench further believes the SCE ideology that he baa separated hia physical peracn from his name, and that he operates his name as a separate entity. Herich believes this allows him to control all “business” done using his name, keeping his person separate from any legal or financia, obligations accrued by the name “Douglas Wench”. Henich has registered his name with the Minnessota Secretary of State nffics as an assumed business name. The lawsuit Wench attempted to file with the AG’s office included as defendants the Sheriff Sharon Wehrly, the County Manager Tim Sutton, Justice Court Judge Liaa Chemlee, Deputy District Attorneys Gerard Gosioco and Daniel Young, Pahramp Justice Court Adminiatrator Alisae Shoults, Rye County Sheriff’s Gffice Detectives Morgan Dillon and Alex Cox, and Nye County Deputies Aaron Williamson and Jason Yelle. The docuoant is headed as a “United States Constitutional Citation”, end labeled as a “Criminal Complaint”. The lawsuit is written in SCE type language, with random capitalization and punctuation, phrasings such as “three months Jewish” to repreaent time, and “Un-a-lien-able Rights”. Herich, who had four separate cases heard in the Pahrump Justice Court and waa afforded all due legal process, falsely and aithout evidence claims that the defendants engaged in “racketeering”, “kidnapping”, “human trafficking”, “perjury”, “mistrial”, and “collusion”, among many othere. Several of Wench’s claims center around 5CR ideology, including his accusations that “no contract exists”, and that, “T was never identified as the defendant’. This goes hack to Wench’s belief that his filing of the “assumed name certificate” with the State of Minnesota has created a reality in which his name is a separate entity from his person, and as a result the name Douglas Menich was charged with the crimes but not the peraon Douglas Wench, therefore the person Douglas Wench waa not identified end was wrongly convicted of the crimes. Wench’s suit was based on psuedolaw theories eapoused in the document that accompanied the suit, which was titled “International Covenant On Civil And Political Rights”, subtitled “Legal Implementation Index” (2003 edition) .The document appears to be written and put out by the “Central European and Eurasian Law Initiative” as part of their “Tachnical Leadership Tools Initiative”, and seems to be a disjointed treatise that jumps around to different theories loosely based on international human rights accords. The attempted filing of the suit by Wench, which makes serious, but completely baseless allegations against employees of the Nye County government end legal system is nothing more than a retaliation and attempt to intimidate and harass those employees. Henich’s suit atatea that a defendant must “present rebuttal by sworn counter-affidavit” within “three montha Jewiah” or they will suffer the ‘dma conaequenoss of this criminal cooplaint”. Herich’s suit states that he is owed $1,270,000.00, plus $30,000.00 per d.ay that he is incarcerated. Along with the threat of financial retaliation of the defendants, Wench states that an arrest warrant will be issued for each defendant, indicating they face a threat of being unlawfully arrested by an unknown entity at an unknown time. Herich uees these threats in a baseless suit with false allegations aa an attempt to intimidate and sway the defendants, all members of local government and the judicial system, from doing their jobs lawfully and enforcing the law against Wench, who believes he is outside the law. In addition to Wench’s lawsuit being an attempt to intimidate the defendants from their lawful duties, it ea an attempted filing of a false lien against each defendant. Werich’a suit makea falee and extreme allegations against each defendant, with absolutely no evidence j4)4tj (4j.Q7I” Lnuefr’rLtt ,jt1,t ,:.‘_,i .0 ,....,‘c,,’r Jtr,ce E.c,trc:.r.’ ID.’ a’na,’.z r—.Drr, J5:te .;orce’ a Lr.’,D.I TIlt B,: 2of3 6/14/22,4:1OPM Firefox about: blank Deputy Report kr Case 19NY-4283 Page 3 0t3 offered for any of the baseless statements, and was filed for no other reason than as retaliation sod harassmsot of the defendants for doiog their duly sworn jobs. Herich’s document states, “Thia criminal complaint secures the ‘remedy’ for the herein named people(s) ‘right’ to obtain lawful remedy from any public official(s) who have and are continuing to violate our creatur-endowed certain ‘un-a-lien-able rights’ and freedoms secured and protected by the lawful Constitution for the United states of America. 1-Jerich’s suit specifically states, “This ‘criminal complaint’ is an Affidavit of Obligation in the normal ‘commercial’ sense and as such ±s a ‘security instrument’ representing accounts receivable sod ia a ‘distress and lien’ upon the real and movable property an’d rights to property, including but not limited to malpractice inaurance, public official liability insurance, homeowners liability insurance, and performance and/or fidelity bonds, ett nf the above cited defendants”. Further, gerich refets to the defendaota, in the Ledger section, as lieo debtors”. Douglas Herirh had multiple crim:nal cases against him go through the Nye County Justice Court system, with all of his rights upheld, and all legal opportunities provided. As a result of his own actions, Nerich was aentencad to serve time in the NQOC. As an act of retaliation and harassoent againat the government employees involved in the judicial system, Esrich attempted to file s baseleae, SCE style lawsuit against the defendants with the Nevada Attorney General’s Office. The basis of the attempted lawsuit was to intimidate the defendants from exercising their duly oworn duties, and to harass them with the attempted filing of false liens. As a result of his attempted filing of a false StE style lawsuit, Bench was arrested on the listed charges and booked into NCDC without incident. *******The correct charge for the felonies in this case is 205.397)2) False Representation Concerning Lien Against Property of Public Officer or Employee. This charge does not come up in the Spillmsn system and cannot be entered. ********** Responsible LEO: Approved by: ——____________________ Date Dbm,s(ntItr!cr±s!rt,RUtttmi:n.Juri,:o “.gent’ss C’t’( Setotcari tis noose-c :o Nc:.trjr,in& Jostiss Açsnties is °ROElTEC Bye Octet tft’ of5ts B:: 3 of 3 6/14/22, 4:10 PM _ ___________ -LXI OR1GNk )1 Case No. /c 1’,. 2 Department ARR._____________ .U [) 21 3 LEA Case No(s). I9NY-4283, 2INY-0965 4 5 6 IN THE JUSTICE COURT OF PAHRUMP TOWNSHIP 7 COUNTY OF NYE, STATE OF NEVADA 8 THESTATEOFNEVADA, 9 Plaintiff, 10 V. CRIMINAL COMPLAINT 11 DOUGLASJOSEPHHERICH, 12 Defendant. I E. 13 The undersigned, CHRIS ARABIA, District Attorney, Couniy of Nye, State of C.) 14 Nevada, by and through his deputy, Michael D.AIImon, complains and chargesthe 15 above named defendant, Douglas Joseph ech,with having committed the fciicing 16 offenses within said County of Nye, State of Nevada: 17 COUNT I 18 SIMULATION OF SUMMONS, COMPLAINT, JUDGMENT, ORDER OR 19 OTHER LEGAL PROCESS, in violation of NRS 207.337, A CATEGORY ‘D’ FELONY, committed in the following manner, to wit: That ON OR 20 ABOUT AUGUST 23, 2019, in Pahrump Township, Nye County, Nevada, (ref. 19NY-4283) said Defendantdid cause to be prepared or 21 delivered to anotherperson any documentthat simulates a summons, complaint,judgment, order or other legal process, with the intentto: 22 induce payment of a claim from another person; or induce another person to submit to the putative authority of the document, or take an 23 action or refrain from taking any action either, in response to or on the basis of the document, or to comply with the document, to wit: by 24 sending “UNITED STATES CONSTITUTION CITATION CRIMINAL COMPLAINT AFFIDAVIT AND BRIEF OF INFORMATiON” to the Nevada Attorney Genera”s Office, a documentthat on page 7 of 10, ordering $1,270,000 plus additional fees for every day the State of b 1 Nevada contin uesto incarcerate the Defendant, and further claiming that public employees of the shenti’s office, courts, and district attorney’s 2 office are under citizen’s arrest for fictional violations th at the Defendant alleged on page 2 of 10 in his document; 3 4 COUNT II 5 SIMULATION OF SUMMONS, COMPLAINT, JUDGMENT, ORDER OR OTHER LEGAL PROCESS, in violation of NRS 207.337, A CATEGORY 6 ‘0’ FELONY, committed in the following manner, to wit: That ON OR ABOUT OCTOBER 20, 2020, in Pahrump Township, Nye County, 7 Nevada, (ref. 21NY-4283) said Defendantdid cause to be prepared or delivered to another person any document that sirñulates an order or 8 other legal process, with the intentto induce payment of a claim from another person, to wit: by delivering “LIABILITY CLAIM AND LAWFUL 9 DEMAND” to County ManagerTIMOTHY SUTTON, and within that document on page 7, ordering Nye County orthe State of Nevada to pay 10 the Defendant$200,200,000becausethe State carried out Iawfulactions againstthe Defendant related to Pahrump Justice Court case <c ii 18CR02634, actions that he disagrees with because of his fictional “United States National” status that he has ascribed to because of his 12 sovereign citizen ideology; 13 All of which is contrary to the form, force and effect of the statute in such cases 0 0< 14 made and provided, and againstthe peace and dignity of the State of Nevada. Said 15 complainant makes this declaration under pen alty of perjury. 16 DATED this 30 day of June, 2021. 17 CHRISARABIA NYE COUNTY DISTRICT ATTORNEY 18 19 By___________________ 20 MICHAEL D. ALLMON Deputy District Attorney 21 22 23 24 9c 2 E%LL C) Office of the Nye County Sheriff AGREEMENT TO APPEAR Date: 5/18/2022 /T W LIL 4/9) I, DOUGLAS UERICH, acknowledge that I am named as a defendant in an action charging me with a criminal offense now pending in the Pahrump Justice Court. In consideration of my being released, I agree to the following conditions. • I will appear at all times and places as ordered by the above named Court, and as ordered by any Court before which charge is subsequently heard. • I will comply with any other conditions, which have been imposed by the court and are stated herein. If I fail to abide by the conditions set forth, my release on own recognizance/bail may be revoked. • If I fail to appear when so ordered and I am taken into custody outside the State of Nevada, I waive all rights relating to extradition proceedings, and if the State of Nevada or Counties within the Fifth Judicial District incur any costs in returning me to stand trial or other proceedings, I will be responsible for paying those costs as restitution. • I understand that any Court of competent jurisdiction may revoke my order of release without bail and may order me into custody or require me to furnish bail or otherwise ensure my appearance. • If my charge(s) require a DNA sample pursuant to NRS 176.09123 I will provide such sample prior to my release from custody. The authorizing authority for your release is NO CHARGES FILED. Qj (2Ej j2 02,3 1 Conditions of release: CASE/LEAJCITATION#: 22NY- 1562 I acknowledge that my next appearance in court will be at the Pahrump Justice Court Dept B (775)751-7050 in Pabrump, Nevada on the 23RD day of AUGUST, 2022 at 09:00 A.M. Signature of defendant > Full Name: DOUGLAS }CH E) Address: City/State: Phone: Email: 7r Releasing Deputy/ID Number MARK YES OR NO IF COPY WAS GIVEN TO DEFENDANT/YES/NO! Li- (i:) Pahrump Office Tonopah Office Nye County Government Center Nyc County Courthouse 2100 E. Walt Williams Drive William P. Beko iuslice Faeility SuiLe 100 PD Box 153 Pahnimp, N\’ 89048 Tonopah, NV 89049 Phone (775) 751-7075 Office of the County Manager Phone (775) 482-8 191 Fax (775) 751-7093 Fax (775) 482-8 198 Administration Department September 11, 2020 Douglas Herich 139(3 Van Lane Pahrump, NV 89048 diherich(i.vahoci COlT) Subject: POARB Complaint Dear Mr. Herich: 1 have reviewed your notice to convene a panel of the Nye County Peace Office Advisory Review Board to review an incident with the Nye County Sheriffs Office that occurred on June 6, 2019. I regret to inform you that the Nye County Peace Office Advisory Review Board has no jurisdiction over this matter and therefore a panel will not be convened. You are free to pursue any other legal remedies you may have in this matter. Sincerely, / Tim Sutton Nye County Manager TS/jr cc: Sharon Wehrly, Nye County Sheriff, Chris Arabia, Nye County District Attorney; Lorina Dellinger, Assistant County Manager; Michael Eisenloffel, Nye County Undersheriff k+ CG) Herich, Douglas Joseph (Surname, Given Name) REGARDING STATE OF - NEVADA (Plaintiff) Cases: 19NY-4283 & 21CR02316 * JUSTICE COURT OF PAHRUMP TOWNSHIP & PAHRUMP JUSTICE COURT ADMINISTRATION Judicial Officer requiring disciplinary action: WILLIAM “GUS” SULLIVAN STATEMENT OF FACTS This is an attachment to the body of evidence provided to MR. PAUL C. DEYHLE as Executive Director of the NEVADA COMMISSION ON JUDICIAL DISCIPLINE. There will be one more Nye County JOP named as well as a Fifth District Court judge based in Pahrump and all 3 of these judicial officers have conspired to conceal evidence involving these cases and that has continued to be concealed by citizens of the United States that are subject to the jurisdiction of the United States. In addition, these public officials have breached the public trust and continue to operate as an organized crime ring, sending out threatening fraudulent notices that are obviously bogus and fictitious but to the untrained eye, could be extremely terrifying to an average U.S. citizen that did not know any better. I am not one of those United States citizens so it has no effect on me but this unethical criminal behavior is unacceptable by any standard. Laws used to define “due process” require the proper LEGAL NAME IDENTIFICATION OF THE “DEFENDANT” as stated in NRS as well as U.S. Code. Identification of a “defendant” (entity) requires a State issued ID card that is current and valid (Military ID is acceptable), thereby establishing “jurisdiction” by virtue of U.S. citizenship (14th Amendment) as supported by the application for the State issued ID (any State of the U.S.). A U.S. Passport is not a form of state identification but is often accepted in lieu of a state issued ID card. Notwithstanding the fact that jurisdiction was never established by the court, I have been busy preparing to present this ‘VERIFIED STATEMENT OF FACTS’ letter along with the required completed and signed form to get the ball rolling on this. It’s providential that MR. SULLIVAN and MR. ARABIA would decide to attempt such a foolish legal maneuver. I’ll be honest, I am not certain how many laws have been violated as I am most definitely NOT an attorney nor have I ever professed to be such a thing. The “hearing” on the calendar (08/17/2021 @ 10:00 am) is approaching, I’ll advise the commission as to anything that happens going forward. It should be obvious by now that I chose long ago not to participate in the legal, political and ideological fiction that identifies with that State issued ID card and the “effective link” it establishes with the state. I act as a United States National should always act and don’t partake in citizenship endeavors like being a DMV customer. I simply choose not to contract with that state entity and that’s perfectly fine provided I don’t vote or participate in pledging to a flag or another nation. It is lawful to be a United States National and not a United States citizen that is not subject to the jurisdiction of the United States. I owe allegiance ONLY to the U.S. government and nothing else and that allegiance is permanent. It also requires that I respect those that DO choose to pledge to any flag they wish to pledge allegiance to rather than to the U.S. government. This is their own decision to act as a U.S. citizen (legal) rather than as a U.S. National (lawful). This choice is based solely on “intent and self-determination” My lawful status is stated by declaration on the last page of the U.S. Passport I hold. I stand on the right to self- determine political/legal status and declare by statement the following lawful status as required: “THE BEARER IS A UNITED STATES NATIONAL AND NOT A UNITED STATES CITIZEN” (See Attachments for images). Having made this declaration of sound mind and full intent, I offer this information as a means Page lof 6 NEVADA COMMISSION ON JUDICIAL DISCIPLINE — WILLIAM “GUS” SULLIVAN for your State of Nevada agency to .coup damages by subrogating the charges to the parties responsible for the transgressions ding to the damages. These damages are yet to be realized by the State of Nevada but must be consLred in the determination of guilt regarding the events surrounding these State cases. I thank you in advance Mr. Paul D;hle for your continued efforts to improve the current system and attempts to stop the chronic bleeci:.i, it can’t be an easy task to do what you have to do and then have to fight your own stakeholders to svive and exist to carry out your agency mission and have to beg for more funding in order to hire more help. I commend your efforts as well as the effQrts of your staff and the commission. Yours’ is not an enviable job and in circumstance such as this it makes it even tougher; I want you to know that I am not the enemy of tl-! government and never have been. I owe permanent allegiance to the U.S. government and am most ‘rtainly not any kind of threat to anyone as a U.S. National that is not a U.S. citizen. I don’t argue or ;;ht, I remain neutral at all times and make certain I respect the rights of others as well as my own. I ‘aving made this statement, I will now identify all the facts I am presenting to the commission that ‘.ll continue to demonstrate a clear pattern of fraud, corruption and conspiracy to personally profit frori working together as a triumvirate of perceived power and over reaching authority they granted to themselves. No one is watching unless I point these things out so that is what I am doing right now. 1. On or about July 30, 2021, a !etter from the “Pahrump Justice Court” was received sent to someone that uses what r7ears to be a name shown as “DOUGLAS J HERICH” (a fictional entity) and seems to identij with a number appearing above it as “21CR02316”. It is assumed however, that name/entit;omehow identifies with that number. There’s no way for me to know anything about that cr its contents. It does not belong to me and is being used here ONLY as evidence of wrongdoingy the court and its actors. None of this has anything to do with me orthe legal name I use forenefits and lam not recognized in any court anyway. Courts can only recognize persons tha. re IDENTIFIED as having information in the State of Nevada DMV database that establishes that “effective link” between the State of Nevada and that Legal Name/Legal person. It is inceed the personification of that legal name that I choose NOT to participate in that poses th “personalliabiityrisk”to those that believe citizenship can be forced upon someone that. ‘s no intention of desiring citizenship of any kind. I will cooperate fully with any investigatior ii to this matter and give the commission and its Director, MR. PAUL C. DEYHLE, my consent to us any part of this written statement of facts for the purpose of providing relief and/or renudy to the damaged party(s). 2. The fictional character DO ..LAS J HERICH was created by certain State of Nevada (BRANSKE) and Nye County actors (Se’2 attached Personal Liability Claim) involved in attempting to misuse a legal name by creating OR 1:empting to create a false IDENTITY using the legal name I hold (See attached certificate). I wis. io reiterate the fact that I am not arguing, just stating facts as I know them. No beliefs are Iowed here, ONLY the facts. I never use a ‘middle initial’ and the Minnesota Business Name is identical to the Certificate of Live Birth legal name (First, Middle, Last). I never use a tax ID nrnber either so any reference to those labels only apply to U.S. citizens and I am not a U.S. citizen but am a U.S. National. This distinction is critical and requires the commission to think ou ..ide of the box that citizenship has placed them within. Your Page 2 of 6 NEVADA COMMISSIGN ON JUDICIAL DISCIPLINE — WILLIAM “GUS” SULLIVAN legal/political status as a U.S. citizen allows you to act as an employee and to contract with that government agency/entity. I cannot do any of that political stuff nor am I able to vote. Fortunately, I would refuse to do any of those things anyway and I have no desire or intention of being a citizen of anything. I am content in my own decision to owe permanent allegiance to the U.S. government. I am not an employee/citizen however, I certainly support YOUR right to choose your “political/legal status” whether it be a U.S. citizen or-any kind of citizen. This is a universally protected right that must be honored as the agreed to covenant provides under the United Nations 1954 Convention on Human Rights. This treaty/compact is in place to this day. It is important to note that these are UNIVERSALLY ACCEPTED FREEDOMS that all people are entitled to and that protect ALL people, provided those people KNOW they have a choice. I have no reason to lie and every reason to tell the truth and nothing but the truth. Citizens have an excuse for lying, they lied to become a citizen so what better excuse is there to continue that trend/act? I have NO excuse to lie and choose instead to stick to the facts I can prove to be true with my own investigation. These facts are often self-evident and require no explanation; other things such as legal/political status require more detail to comprehend the “effective link” that is established by the creation of that DMV Driver License/Identification club membership card. To establish legal “jurisdiction”, the court must first prove that “effective link” exists between that state created legal name on the state created Birth Certificate and the “State” that is creating the “charges”. The state issued ID operates as a facilitator in establishing that “effective link” and acts as a portal to that legal realm. The state ID cardholder maintains that he or she IS a U.S. citizen and therefore subject to the jurisdiction of the United States. All state citizens are also U.S. citizens and subject to the jurisdiction of the U.S., but not all U.S. citizens are state citizens, an example being someone that has a U.S. Passport but no state issued ID. They might travel a lot and not maintain a “residence” but still be considered U.S. citizen because they claim they are. Generally, a birth certificate, Social Security Administration card/number and a witness (DS-71) is all that’s necessary to obtain that lawful travel document. State ID cards are voluntary as are U.S. Passports but a man or woman must be responsible for handling his or her own business and travel affairs and that’s what I have done by self-determining status and taking responsibility for how I “use” that legal name. The declaration of status written on the last page (Page 51) is a self-declaration of something that now is self-evident. 3. The document sent by the PJC labeled “SUMMONS” is obviously associated with the PJC even though SULLIVAN is registered in a different venue/district of Nye County. This document is represented as being “valid” even though it was never even filed by the PJC. How can a court clerk make that sort of mistake? If that clerk was instructed by a superior actor to “act” in such a manner, is that employee obligated to ‘perform’ that unethical/immoral/unlawful act that may be construed and perceived to be ‘legal”? These actors are knowledgeable enough to know that this is an act of deception with intent to cause harm. This court “SUMMONS” document was accompanied by a document that WAS filed by a clerk at the PJC (See attachments) from elected official, CHRIS ARABIA, District Attorney for the COUNTY OF NYE DISTRICT ATTORNEY’S OFFICE — Contracted by oath and affirmation with the State of Nevada and its political subdivision doing business as the COUNTY OF NYE. DEPUTY DISTRICT ATTORNEY MICHAEL ALIMON is acting on behalf of elected official “CHRIS ARABIA” named as the NYE COUNTY DISTRICT ATTORNEY. The attached legal document from the Pahrump Justice Court was sent using the U.S. Mail system (See Attachments). As yet, even though these documents are not mine, I have retained the Page 3 of 6 NEVADA COMMISSION ON JUDICIAL DISCIPLINE — WILLIAM “GUS” SULLIVAN original envelope and its contents so the originals are available for inspection upon request by the Director or any member of the staff or commission. Kindly send me an email request/inquiry for anything you wish and I will do my best to accommodate your request in a timely manner. 4. The court document labeled “SUMMONS” was never filed according to this COPY of the original document signed by Justice of the Peace (JOP), WILLIAM “GUS” SULLIVAN. The sheet of paper labeled “SUMMONS” near the top of the page is just a copy and the top right region is VOID of a filing stamp by the PJC. It is assumed the original was kept by MR. GUS SULLIVAN, HIS CLERK OR PERHAPS BY THE COURT ITSELF. I would suggest asking ALISA SCOULTS, Court Administrative Officer (CAO) in charge of all court related trust fund accounts established by her office. The former CAO Kathy Ivey quit her position abruptly on January 10, 2019 and the PJC was without a CAO for almost a month after having been a tenured County of Nye employee appointed to serve that office for a longtime. No retirement party, no fanfare, just a quiet departure. Robin Sweet, the State of Nevada Court Administrative Officer (CAO) left in The same manner as Kathy Ivey but that was back in November of 2019. These head administrators left to evade personal liability and did not want to take the responsibility for the actions of other state actors. 5. Due to the fact that the PJC decided to hold on to funds that should have been dispersed from the trust account and paid on August 3, 2018 to Matthew Herich, the PJC administration is personally liable as is MR. WILLIAM “GUS” SULLIVAN for attempting to embezzle funds that should have been returned by the court. Those funds were eventually returned without interest or penalties included about two years later (March 19, 2020/ Whittaker order). I informed SULLIVAN’s court clerk in that court in writing that the interest is $3,000 per day going forward and CONNIE FOSS did not object to the interest rate or the fees added daily. Her response was simply that “Judge SULLIVAN likes to hang on to the bond money until the case is closed.” This is not acceptable behavior and contrary to the laws of your state. I expect the commission to act accordingly and carry out a full investigation. I am available and will cooperate with the investigation any way I possibly can. The Liability Claim submitted to the COUNTY OF NYE and its Commissioners (Commission and Administration Manager/Official Samantha Tackett) on October 20, 2020 during a PUBLIC MEETING held in the Pahrump Nye County Chambers in the Government Eye building. This is documented on video by the County of Nye and available for viewing to verify this valid submission of Personal Liability Claim against THE STATE OF NEVADA and COUNTY OF NYE and certain state actors as named in the claim in which subrogation may be employed to set off the claim costs required by the State of Nevada and County of Nye to settle this business matter. This is a financial problem for the State and its political subdivision doing business as “COUNTY OF NYE”. I attempted to settle this matter lawfully, however the actions of state actors undermine any attempts to accomplish this in a timely matter. Therefore, I reserve the right to take this matter to a federal venue of appropriate jurisdiction and employ the use of “Special Masters” to request information of the commission after it has had an opportunity to research the information I am providing. 6. I fully expect the current JOP of the County of Nye’s Beatty Court, WILLIAM “GUS” SULLIVAN, to deny any involvement in the conspiracy to commit criminal wrongdoing in the form of racketeering under the U.S. government and its federal RICO laws as these actors are all personally benefitting from these criminal acts. 7. County Of Nye contracted JOP officers supposedly take an oath, but obviously any oath taken means nothing whatsoever. If the courts and its administration are openly allowed to act in Page 4 of 6 NEVADA COMMISSION ON JUDICIAL DISCIPLINE —WILLIAM “GUS” SULLIVAN such a reckless unprofessional and unlawful manner, it has no credibility. When publicly elected judicial officials send fraudulent documents such as this in the U.S. mail, it obviously undermines the entire system of justice. This blatant misconduct should be disciplined swiftly and with a firm hand; the continued misuse and ABUSE of limited power and authority they never established in the first place demonstrates a total disregard for the law. 8. A clear pattern of judicial misconduct is established; veteran JOP SULLIVAN was disciplined in 2018 which was during the period of time all of this political abuse of power began. The Pahrump and Beatty Justice Courts are working (conspiring) together and this of course generates a lot of revenue for the County of Nye. The incentive to abuse this power for personal gain is too great a temptation and there is a conflict àf interest “built-in” to the system of compensation. Receiving a tax deferred 30% premium from fines collected is written in to the Nye County contracts with these judicial officers giving them every reason to find the party guilty. If the “defendant” is found innocent, the County of Nye gets nothing, it loses money. So it is a political and economic necessity for the Sheriff to find a reason to cite and/or arrest someone even if no crime has been committed. The ONLY incentive is to find the other party guilty so there is a PROFIT rather than a loss for the county coffers to benefit ensuring the jobs and added income for those that operate the scheme. It’s not all that surprising your office is so swamped with disciplinary complaints, the system is rigged from inception without any proper checks and balances in place to prevent such bad behavior. 9. The entire timeline and history of the events that occurred are fully documented in the “Liability Claim” that was submitted to Nye County Commissioners at the meeting held on October 20, 2020. I was there to hand deliver the Liability Claim document, providing two fully executed copies of the claim, one for Samantha Tackett the County Administrative Assistant Manager and one for the County Commissioners to share with each other. It is a lengthy document and it contains names, dates and times of the events that correspond with the attached documents. (See Attached Liability Claim to County of Nye) 10. I am providing all the evidence I was able to obtain from PJC CAO, ALISA SCOULTS, however she refused to provide documents shown in the “Case Summary” to have been FILED in to the court. Atisa Scoults acts with implied impunity, feeling that there are no consequences for colluding with the court and its judicial officers. This is definitely a conspiracy, it could not possibly happen without the coordinated efforts of all three (3) political subdivisions/jurisdictions of the State of Nevada working together as a team to defraud, deceive and enrich themselves at the expense of others. 11. I ask that the commission please request the “FULL FILE” from the PJC administrator as I have previously done using the FOIA/State Records Act, but with no success. Alisa Scoufts is intentionally withholding documents and hiding the financial records. The bail funds were tampered with and held for two years before retired JOP Whittaker rightfully acted by ordering its immediate return on March 19, 2020 when a hearing was held to satisfy the “REMAND ORDER” that was sent by the Fifth District Court to the PJC. I commend JOP Whittaker for acting accordingly and she should be rewarded and applauded by your commissioners for not being afraid to “act”. In fact, that judicial official may be able to provide some insight as to what happened on that day in the court room and she appears to be the only one I am aware of that’s honest and not conspiring to steal and defraud other people. I never entered the court room so I did not witness what happened; the court order was handed down by JOP Whittaker and I after Page 5 of 6 NEVADA COMMISSION ON JUDICIAL DISCIPLINE — WILLIAM “GUS” SULLIVAN that date, I never received anything in the mail from the court. Once again, Alisa Scoults is intentionally withholding public court documents that have been properly requested regarding specific state cases. Hiding these documents is not acceptable behavior for the head administrator of a justice court or ANY court for that matter. I realize the scope of the investigation must focus on judicial behavior but it’s hard to ignore something like this that is right in front of your eyes like this. I am hoping that the commission orders those missing documents and if received, have copies sent to me, I’d like to see them as well! Thank you. CONCLUSION In conclusion, this statement of facts presents an established pattern of judicial misconduct demonstrated by WILLIAM “GUS” SULLIVAN. This behavior is indicative of someone with a classic “Napoleon Complex” which is now manifesting itself in this form of apparent ‘retaliation”, only all Mr. Sullivan did was incriminate himself as that is definitely his signature on that fictitious ‘threatening’ letter. Using the U.S. mail for the purpose of intentionally sending fraudulent documents with the sole purpose of creating deception. I remain in honor and shall never compromise my integrity and permanent allegiance to the U.S. government. Heads up for the NCJD Director, staff and commissioners; I have two more NCJD filings left to submit to your office. I am currently in the process of preparing the State of Facts which are very similar to this statement and will hopefully be sending them to your office in the coming week or two. I will have them organized for easy review and will also do my best to link the acts of misconduct by these other judicial officers to the same State of Nevada, County of Nye case(s) in proceedings that occurred in the PJC, Fifth District Courts as well as Nevada Court of Appeals Cases (See attached documentation). I appreciate the efforts and dedication of the Executive Director, his staff and the Commissioners to investigate the evidence of judicial misconduct and the statement of facts presented to the commissioners for review, and analysis prior to taking any action. I avail myself to assist the commission in any way possible and have provided all my contact information for that purpose. I realize this must be kept confidential and have not disclosed this or any other commissioner case to anyone else. Please advise, thank you. I am somewhat concerned that MR. SULLIVAN has so much to lose and he has already demonstrated the characteristics of a terrorist dictator ruling “his kingdom”, I ask the court to pay close attention to the “actions” of JOP SULLIVAN and the PJC (ALISA SCOULTS) on August 17th which is about a week away. He might decide to take things in to his own hands out of anger and frustration and that can end very badly depending on his current emotional state of mind. I am also aware that he recently lost his son and that also factors in to the current situation and I am sensitive to the fact that his emotional state could push him to do something crazy. Thank you for your assistance and I look forward to working with your office and its commissioners to resolve these judicial issues and make Nevada a better place in the process. Yours truly, Herich, Douglas Joseph (Surname, Given Name) Date cc: file Page 6 of 6 NEVADA COMMISSION ON JUDICIAL DISCIPLINE — WILLIAM “GUS” SULLIVAN ‘ NRS: CHAPTER 20 - BONDS AND UNDE... https://www.leg.state.nv.us/nrs/nrs-020.html [Rev. 5/1/2022 6:19:31 PM--20211 ‘ c1_- (:-i) CHAPTER 20- BONDS AND UNDERTAKINGS; DEPOSITS IN LIEU THEREOF NRS 20.010 Undertaking with sureties; affidavits. NRS 20.015 Form of undertaking. NRS 20.020 Justification of sureties. NRS 20.030 Surety bond or cash may be furnished in lieu of personal sureties. NRS 20.035 Limitation on amount of bond in litigation involving Master Settlement Agreement. NRS 20.037 Limitation on amount of bond to secure stay of execution of judgment pending appeal; exceptions. NRS 20.040 Undertaking, bond or security not required in action by or against State, county, city or officer thereof. NRS 20.05 0 Bond or undertaking to be approved by clerk of court. NRS 20.010 Undertaking with sureties; affidavits. 1. In all cases where an undertaking with sureties is required by the provisions of titles 2 to 6, inclusive, of NRS, the judge, justice, or clerk, or other officer taking the same, shall, unless it is otherwise provided in NRS, require the sureties to accompany the same with an affidavit that they are each worth the sum specified in the undertaking, over and above all their just debts and liabilities, exclusive of property exempt from execution. 2. When the amount specified in an undertaking exceeds $3,000, and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than that expressed in the undertaking, if the whole amount be equivalent to that of two sufficient sureties. [1911 CPA § 542; RL § 5484; NCL § 9031] NRS 20.015 Form of undertaking. Whenever a party to an action or proceeding desires to give an undertaking pursuant to any provision of titles 2 to 6, inclusive, of NRS, it is sufficient if the sureties sign an undertaking indicating that they are bound to the obligations imposed by the statute under which the undertaking is given. Such undertaking may be in substantially the following form: UNDERTAKING State of Nevada } }ss. County of } In the court (state title of the action). Whereas the above-named desires to give an undertaking for (state purpose) as provided by MRS Now, therefore, we the undersigped sureties, do hereby obligate ourselves, jointly and severally to (name the obligee) under the provisions of NRS in the sum of $ Dated this dayoftheinonthof oftheyear (Sigtiature of Principal) (Signature of Sureties) (Added to NRS by j,, 1Q15; A QQ1,j) NRS 20.020 Justification of sureties. In all cases not otherwise provided for in titles 2 to 6, inclusive, of NRS, where sureties are required to justify, they shall appear before the officer or person authorized to take the justification, and may be examined under oath by such officer or person and the adverse party, touching their qualifications as sureties, which examination shall be reduced to writing and subscribed by the sureties if required. If, upon such examination, it shall appear to such officer or person that the sureties, or either of them, have the necessary qualifications of such, the officer or person shall so endorse upon the statement, and cause the same to be filed, and thereupon the justification shall be complete. [1911 CPA § 543; RL § 5485; NCL § 9032] NRS 20.030 Surety bond or cash may be furnished in lieu of personal sureties. In all cases where a bond or 1 of 2 6/27/22, 1:10 PM i\ia: n-U-1t± 2U - bUJJS i-’NL) Ui\iJt... iiLups:iIvvieg.suaue.IIusiIifsilifs-2u.niiIii unciertakmg is requirea by the provisions ot ntles 2 to b, inclusive, of NRS, the party required to give such bond or undertaking may furnish such bond or undertaking with a surety or bondLng company, authorized to do business under the laws of this state and to furnish such bonds or undertakings, to be approved by the court, judge, clerk, or deputy clerk, in lieu of personal sureties. A party may, also, in lieu of a bond or undertaking required by titles 2 to 6. indusive, of NRS. deposit with the court, or clerk thereot, cash in the amount of the bond or undertaking required. [1911. CPA § 544; A NCL § 9033] NRS 20.035 Limitation on amount of bond in litigation involving Master Settlement Agreement. 1. Except as otherwise provided in subsection 2, if an appeal is taken of a judgment in a civil action involving a signatory, or a successor m interest or affiliate of a signatory, of the Master Settlement Agreement in which an appellant is required to give a bond in order to secure a stay of execution of the judgment during the pendency of any or all such appeals, the total cumulative sum of all the bonds required from all the appellants involved in the civil action must not exceed $50,000,000. 2. If the plaintiff proves by a preponderance of evidence that an appellant who posted a bond pursuant to subsection 1 is purposefully dissipating or diverting assets outside of the ordinary course of its business to evade the ultimate payment of the judgment, the court may, if it determines that such an order is necessary to prevent such dissipation or diversion, require the appellant to post a bond in an amount that does not exceed the full amount of the judgment. 3. The provisions of this section do not limit the discretion of a court, for good cause shown, to set the bond on appeal in an amount less than the amount otherwise required by law. 4. For the purposes of this section: (a) “Affiliate” has the meaning ascribed to it in NRS 370A.030. (b) “Master Settlement Agreement” has the meaning ascribed to it in NRS 370A.07ll. (Added to NRS by QjQ; A NRS 20.037 Limitation on amount of bond to secure stay of execution of judgment pending appeal; exceptions. 1. Notwithstanding any other provision of law or court rule, and except as otherwise provided in this section and 20.035, if an appeal is taken of a judgment in a civil action in which an appellant is required to give a bond in order to secure a stay of execution of the judgment during the pendency of any or all such appeals, the total cumulative sum of all the bonds required from all the appellants involved in the civil action must not exceed the lesser of $50,000,000 or the amount of the judgment. 2. If an appellant is a small business concern, the amount of the appellant’s bond required pursuant to subsection 1 must not exceed the lesser of $1,000,000 or the amount of the judgment. 3. if the plaintiff proves by a preponderance of evidence that an appellant who posted a bond pursuant to subsection 1 or 2 is purposefully dissipating or diverting assets outside of the ordinary course of its business to evade the ultimate payment of the judgment, the court may, if the court determines that such an order is necessary to prevent such dissipation or diversion, require the appellant to post a bond in an amount that does not exceed the full amount of the judgment. 4. The provisions of this section do not limit the discretion of a court, for good cause shown, to set the bond on appeal in an amount less than the amount otherwise required by law. 5. For the purposes of this section, “small business concern” has the meaning ascribed to it in the Small Business Act, 15 U.S.C. § 631 et seq., and any regulations adopted pursuant thereto. (Added to MRS by jj) NRS 20.040 Undertaking, bond or security not requfred in action by or against State, county, city or officer thereof. 1. In any action or proceeding before any court or other thbunal in this State, wherein the State of Nevada or any county, city or town of this State, or any officer thereof in his or her official capacity, is a party plaintiff or defendant, no bond, undertaking or security shall be required of the State, county, city or town, or such officer in his or her official capacity, but on complying with the other provisions of law the State, county, city or town, or officer thereof, acting as aforesaid, shall have the same rights, remedies and benefits as though such bond, undertaking or security were given and approved as required by law. 2. The provisions of this section shall only apply where such action or proceeding is prosecuted or defended in the name of the State, county, city, town or officer thereof for the public benefit, and shall not be applicable where such action or proceeding is so prosecuted or defended for the benefit of a private individual or for the enforcement or protection of a private right. [1911 CPA § 5.45; RE § 5487; NCL § 9034] NRS 20.050 Bond or undertaking to be approved by derk of court. 1. In all cases where a bond or other undertaking, except a bail bond, is required by the provisions of titles 2 to 5, inclusive, of NRS or in any civil action arising under any other title of MRS or by the Nevada Rules of Civil Procedure or Nevada Rules of Appellate Procedure, the bond or undertaking shall be presented to the derk of the court in which the action or proceeding is pending, for approval of the clerk of the court, before being filed or deposited. 2. The deck of the couit may refuse approval of a surety for any bond or other undertaking if a power of attorney-in- fact which covers the agent whose signature appears on the bond or other undertaking is not on file with the deck of the court. (Added to MRS by; A 1197’) 2 of 2 6/27/22, 1:10 PM _ ___ UNDERTAKING FiLED State of Nevada } 7(177 Jii1 ] P t: 0 i }ss. NIE GOUVLEPK County of Nye } In the Pahrump Justice Court issued Warrant. Whereas the above-named persons desires to give ‘an undertaking for the release from Nye County Detention Center, as provided by NRS Title 2 20.010 to 20.050. Now, therefore, we the undersigned sureties, do hereby obligate ourselves, jointly and severally to the Pabrump Justice Court under the provisions NRS 20.020 in the sum of $10,000.00 I Dated this Z day of the month ofof the year 2022. 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(1-vPy ) P/Mi’’ 4j -;. i,Vgj€ 6E W O1nck\1nnt Th ) -C SARAI PATRICIA GUThRIDQ Q_SC’ ,Wey PbL/& APPt NO. 20-1163-i 4 “p DEE --....-