20 Thursday, January 2, 1997 Pahrump Valley Gazette
Nicholson memo sheds light on scandal
Continued from front page
has been made fully aware of the reasoning behind her
• termination and her contention that Beckett never informed
her of his justification is apparently false in fact if not in deed•
Nicholson expressed knowledge that Beckett informed
the commissio.qers, one or all, that "I have involved myself
in the sexual harassment cases,
contrary to his directions, by
preparing the payment vouch-
ers for counseling services ex-
tended to one of the alleged
victims."
Nicholson also states
Beckett informed the commis-
sioners she was an "at will"
employee and"therefore, could
be terminated without adher-
ence to any of the County's
disciplinary policies and pro-
cedures."
In her memo, Nicholson
claims Beckett ordered her to
"turn over all the paperwork regarding the sexual harassment
claims which had been filed with the Nevada Equal Rights
Commission CNERC") and was to have no further involve-
ment in those claims or any litigation stemming from those
claims." Nicholson further writes that "Mr. Beckett purport-
edly removed me from involvement due to his determination
• that 1 had 'a conflict,'" (with the Offutt claims). Nicholson
asserts in her memo that outside insurance pool counsel, Tom
Beko. has determined she did not have a conflict.
However, ifBeko did indeed determine Nicholson did not
have a conflict, that determination had to have been made
prior to her being named a defendant in the Offutt lawsuit.
Once she was named, there wa no question as to whether or
not a conflict exists.
Nicholson, in her memo, has informed the commissioners
of her involvement with the alleged victims alter Beckett's
directions to exclude herself from matters dealing with the
lawsuit.
While Nicholson's version of her involvement with the
victims does appear to be extremely limited and possibly
unavoidable on Nicholson's part, avoiding the appearance of
impropriety is just as important as engaging in improprieties
for lawyers, who are held to a higher standard due to their
status as Officers of the Court. The law is very specific in
these matters.
At this time, it would be inappropriate to
make public Nicholson's involvement with
the alleged victims, but one admission ap-
pears to be extremely incriminating and in-
validates the commissioners representations
that they were unaware of Offutt's propen-
sity to sexually harass and abuse female
employees of Nye County.
Nicholson admits to being subjected to
sexual harassment herself from former county
manager Offutt, "While it is true that I
formally waived any right to seek remedy for
the sexual harassment I experienced at the
hands of Bill Offutt, I have not and will not
relinquish any rights I may have arising from
Mr. Beckett's or (recently deceased) Mr.
(Tom) Cochrane's unlawful retaliation
against me for being one of the victims or my
actions taken to stop the harassment."
Nicholson's contention that she "took ac-
tions to stop the harassment" is vigorously
refuted in the federal lawsuit filed by the
named victims. Even more suspect is
Nicholson's written admission that she too
suffered sexual harassment by Offutt, yet is
quoted in another newspaper when the law-
suits were filed as stating the victims had
"dollar signs" in their eyes.
The allegations in the federal sexual harassment lawsuit
are particularly serious regarding Nicholson's involvement.
In particular, in light of Nicholson's admission she was
victimized by Offutt, are the comments made on page eight,
in pertinent part as follows:
Nicholson is alleged to have been aware of Offutt's con-
duct... "(S)ince April of 1994 at the latest, but did nothing to
prevent, discourage, report or mitigate it, and as a result, the
sexual harassment and emotional abuse by Offutt contin-
ued..."
Of further interest addressed in the Complaint regards the
named defendants, specifically, Nicholson and the commis-
sioners failure to act on the known sexual harassment perpe-
trated by Offutt, "Said omission on the part of the named
County Commissioners and Nicholson was made in con-
scious disregard of the clearly established right of (alleged
victim) and others to be free from sexual harassment and
intimidation in the workplace. Defendant Nicholson, in her
failure to act on the knowledge, is not shielded by prosecutodal
immunity, since the knowledge did not come to her, and her
decision not to act on it was not made, in connection with a
contemplated or potential prosecution of a criminal case, and
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because Nicholson used the
information concerning
Offutt's sexual harassment for
her own personal gain."
Ironically, in Beckett's for-
mal Opinion regarding
Nicholson's continued em-
ployment with the county, an
Opinion he researched and
wrote at the request of former
District 3 Commissioner Jeff
Taguchi, the District Attor-
ney suggests the Nye County
"...the
sexual
harassment
I
experienced
at the
hands of
Bill
Offutt. .. "
I
Commission hired Nicholson and ordered the doctoring or
altered documents themselves, "for their own personal gain."
There is a trail to follow which suggests Nicholson in-
duced the commissioners, under duress or not, to create her
unnecessary job in order to avoid not only a lawsuit filed by
Nicholson, but to prevent Nicholson's validating the other
claims filed by the plaintiffs in the Offutt lawsuit.
While admitting there was improper contact between
Nicholson and the plaintiffs, Nicholson writes, "I vehemently
deny that the above exceedingly limited contacts--most of
which happened without any ability on my part to avoid them-
-constitute in any manner or form a violation of Mr. Beckett's
directives to me or insubordination." The special assistant
maintains that these "exceedingly limited
contacts" does not constitute "cause" for her
dismissal.
It is interesting to note that Nicholson!
informed the board, in her memo, that the [
should be aware that, "Mr. Beckett's actions
are alarmingly coincidental to the Nye
County Democratic Central Committee's
decision not to nominate Robert Revert for
the District 3 board vacancy." Nicholson
serves as vice-chairman on that committee.
The Nye County Democratic Central Com-
mittee Chairman, Michael DeLee, Gazette
owner Joe Richards, and Revert each ex-
pressed an interest in filling the vacancy left
by the passing of Bill Copeland. Nicholson
informs the commissioners that Richards
dropped out of the race and expressed his
support for Revert. Nicholson states she did
not vote but did indeed serve as acting
chairman. Of specific concern in this por-
tion of the broad memo is the following
allegation: "I have been informed that Mr.
Revert openly stated to those leaving the
meeting that I would be fired within two
weeks."
In a telephone interview with Revert
regarding this allegation, the new District 3
Commissioner adamantly denies
Nicholson's allegation. "I never said such a thing," said
Revert, adding, "I had no information she was going to be
fired. In fact, at that time I had no idea what was going on "
Revert admits tO'having made a eOmplaintregding
Nicholson's involvement in the election, "My only com-
plaint is that Rachel never should have been involved in that
election. She's a public official. It's my opinion she talked
members of the committee into voting against me."
As far as Revert's having knowledge of the pending
termination, the Beatty businessman stated, "I haven't spo-
ken to the D.A. for six months prior to the election, or any
members of his staff. In fact, I never talked to him (Beckett)
until I was elected in November."
Nicholson also alleges she was fired for her interpreta-
tion of Nevada Brothel Ordinances. Specifically, whether or
not 18-year-olds can work in and visit brothels. How this
could possibly tie in with her termination is unknown at this
time.
Nicholson concludes her memorandum with the hope the
contents "clarify" matters for the commissioners. Interest-
ingly, regarding the commissioners decision to create her
previously non-existent, unnecessary position, Nieholson
acknowledges the commissioners were aware the decision
"would or could jeopardize your chances of being reelected
to office."
Finally, Nicholson's final sentence in her memo suggests
the possibility the commissioners were threatened with a
lawsuit if they denied her the $I00,000 a year position,
"Based upon the Board's decision to continue my uninter-
rupted employment with the County, I am not seeking
remedy under NItS 245.065."
Of special interest in Nicholson's final comment is that
NRS 245.065 deals specifically with the grievance she,
recently filed against Beckett. " ]
Since there has been no break in Nicholson's employ-
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ment, it is unclear why the
controversial special assis-
tam would reverse herself
regarding her commitment
to the commissioners.
However, as reported last
week; the grievance meet-
ing did not occur due to the
obvious conflicts of interest.
Beckett's Opinion will be
sent to Attorney General
Frankie Sue Del Papa. It is
possible this controversial
matter will create the need to
impanel a grand jury if Del
Papa's Office concludes the
necessity to do so.
The Gazette will report
. . m.oreon this matteras more ,
facts develop
