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The ordinance as written (Bill No. 97-01 ) allegedly takes
enormous provers that Nex ada law reserves to County Com-
mission as a legislative body and would freely hand this
power to the County manager in a newly, created capacity'
as the Nye County Personnel Director.
The apparent ability that the proposed ordinance would
give to the County Manage, or his designee, to act in a
capricious or arbitrary manner, is flightening to all county
employees that were interviewed while researching this
article. More than a dozen employees on the county pay-
roll were contacted. They range from department heads to
the lower echelons. The first person approached stated "this
ordinance is not a merit system. This is a draft for corona-
tion." The Gazette was later to find that agreement with
this sentiment was notjust broad based but across the board.
The majority of the county employees interviewed for
this article clearly did not want their names used in print
for obvious reasons. A small percentage, with some trepi-
dation in their eyes and voices, did give their permission
for their names to be used and viewpoints quoted. The
Gazette has made an unilateral decision to protect all the
names and to publish the story without revealing any county
employee sources. For reasons that the Gazette hopes are
obvious, to do otherwise could too easily and unnecessar-
ily imperil county employees' jobs and livelihoods.
A member of the Nye County Employees Association
(NCEA) words "I thank God I'm a member of the union. If'
the commission approves this ordinance, I feel sorry for
any county employee that is not a union member."
A member of the Nye County Sheriff's office made a
point to remind the Gazette that when the County Commis-
sion asked two county employee unions to make recom-
mendations to how money could be saved in the county
that the Number 1 first on the list recommendation from
the NCLEA union, was to eliminate Rachel Nicholson's
f
pmdtion as Special Assistant to the N\\;e County Manager.
which is costing Nye County $100.000 per year.
Issues that the County Manager. acting in the capacity of
the county personnel director could use to discipline o. dis-
charge a county employee include, but are not limited to
the folk)wing:
"'Employee political activities, image of local government.
public information, confidential information, employee
courtesy and efficiency,, employee conduct which is con-
trary to the good of the county service, outside employ-
ment, full disclosure."
The probation period is particularly discouraging to all
who have read it. It would appear to give unprecedented
power to the County Manager and reads as follows:
"Probation Period.
"A, All new employees and all promoted employees shall
be appointed or promoted subject to a probation period.
The length of the probation period shaq be established at
the time of appointment or promotion, consistent with the
personnel policies, but shall be a period no shorter than six
(6) months nor longer than (2 years; provided, in any case
the elected official or the administrative department head
(with the approval of the County Manager) may extend the
probationary period not to exceed an addition sic (6) months
if the elected official or administrative department head finds
it necessary to fully evaluate the employee's suitability for
the position.
"B. Any employee serving a probationary period, ex-
cluding a probationary period being served by a promoted
employee, is an at-will employee and such employee may
be discharged or removed at any time with or without cause.
A promoted employee who fails his or her probationary
period may be discharged or removed at any time with or
without cause. A promoted employee who fails his or her
probationary period may be returned to his or her former
position in his or her former classification, if such a posi-
Pahrump Valley Gazette, Thursday, March 13, 1997 3
tion is available, at the discretion of the appointing author
ity.'"
The Gazette contacted, by telephone, the Nye County
Manager's Special Assistant, Ms. Rachel Nicholson, and
asked if there was a contradiction between Nevada State
Law and the wording of the ordinance.
NRS 245.214 requires the County Commisskm (a legis-
lative body) to administer a merit system for county em-
ployees it one is put in place by cotmty ordinance.
The proposed ordinance on page 8, 238.040-A, states.
The board (of County Commissioners) recognizes that the
management of the county and the administration of the
personnel affairs of the county are administrative matters
and are not legislative functions.
Ms. Nicholson's response to the apparent inconsisten-
cies between state law and the proposed ordinance were
words to the effect that, "I see no contradiction to the Ne-
vada Statutes nor any problem with the ordinance as writ-
ten."
Ms. Nicholson suggested that this writer, among other
things, contact Larry Belier in Carson City for clarification
in the matter. Ms. Nicholson identified Mr. Beller as an
entrepreneur that the county had hired as a consultant for
assistance in writing the personnel merit system ordinance.
Mr. Beller's office was contacted by the Gazette. The
call was not returned.
Nye County Commissioner from District 3, Bobby Re-
vert, after an initial review of the proposed ordinance stated,
"This ordinance needs to be rewritten and the commission
needs to be in charge of administering any county person-
nel mei'it system that we approve. The County Manager is
not God."
Other county commissioners were not able to be con-
tacted by deadline.
An update on this matter will appear in a future edition
of the Gazette.
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