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Pahrump Mirror
Pahrump, Nevada
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March 13, 1997     Pahrump Mirror
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March 13, 1997
 

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F g Iiii011 Pahrump Valley Gazette, Thursday, March 13, 1997 11 Bankruptcy and Sparklett's BOttles During a meeting on March 5, 1997 th Nye County Com- mission, sitting in emergency session as the trustees of the Nye Regional Medical Center (NRMC). was advised by deputy district attorney, Gary Pulliam, that "NRMC does not meet the criteria for bankruptcy under chapter 9 of the bankruptcy code." Pulliam's comment is of pregnant importance to Nye County as a whole. The story behind the story is that the financial viability of NRMC is closely intertwined and interwoven with the fiscal viability of Nye County Nevada. The full faith and credit of Nye County, for better or worse, backs NRMC. Perhaps the best way for a layperson to grasp this fact is to understand that all the money is in one pot. An analogy and byno means an oversimplification would be to imag- ine that all county funds were deposited in a giant Sparklett's bottle. On the outside of the bottle you have writing and graphs showing what amount of the money in the bottle belongs to each fund. This is fine as far as it goes and is all legal by Nevada statute. The problem arises when funds are borrowed or transferred from one to the other without the financial ca- pability to pay them back. For clarity sake and to see how this works let's pretend that we are looking at a 5 member family and the family members have made a collective decision to pool all thir money and all their earnings and put in a 5 gallon Sparkletts bottle instead of separate bank account. At the time this decision is made the family agrees on a yearly budget based upon its projected collective earnings. The budget is broken down into 6 categories. The catego- ries are food, clothing, rent, medical expenses, maintenance, and entertainment. All the money goes into the bottle and the budget is written out on a piece of paper and taped to the outside of the bottle. On another piece of paper that is taped to the bottle is information designating how much of the money in the bottle has been allocated to each category, or fund if you prefer. The family autorizes one of its members to reach into the bottle and take money out to pay the expenses of the indi- vidual funds as the expenses occur. The autorization that is given to this member is not a blanket autorization. The fam- ily draws up a set of rules pertaining to this matter and the authorized person agrees to abide by them. The rules are written on a piece of paper and this too is taped to the out- side of the Sparkletts bottle. The family has given some thought to these rules and everyone agrees they are pretty good rules. Not too com- plicated and pretty straight forward. The first rule is that the authorized person, the fund manager if you prefer, is given a certain leeway in expending money from individual fund accounts. Say for instance that there is $500 in the food fund and the food has a budgeted expence of $300 per This Man's Opinion by Brent Mathewson month. Thanksgiving is coming up and the fund manager wants to spend $400 for food this month which will leave him short next month but he thinks he can get by and it's for a good cause. Rule number 1 says that he cah make this decision independently as long as he explains to the family at its next monthly meeting what he did and his reasoning behind it. Another part of rule number 1 says that he can make this decision indepen- dently as long as he explains to the family at its next monthly meeting what he did and his reasoning behind it. Another part of rule number 1 is that under no circumstances what- soever can the fund manager spend $600 out of the food fund if there is only $500 in it. This is strictly against the rules and is plainly stated right on the outside of the bottle. Rule number 2 says that the fund manager can spend $600 on food when the food fund only has $500 in it if he first goes to a family meeting and convinces the family that the expenditure should be made. Part of rule nember 2 also says that if the family agrees to this over expenditure of the food\\;fund balance that the shortfall must be made up by transferring the necessary amount from another fund that has money in it to make up the difference. Another part of rule number 2 says that this interfund transfer cannot be Letters to the Editor authorized unless a majority of the family agrees that the transferred money can be paid back to the fund it was transferred from within a 12 month period of time. Rule number 2 might sound a little complicated at first but it's really not if you read it over twice. There is really only one rule and that is rule number 3. Rule number 3 is printed in bold type with red letters and states that if one of the family members breaks a leg and can't work or if the car engine blows up and money may have to be transferred between funds that the family does not feel could reasonably be paid back in a 12 month pe- riod of time, then in those conditions and under those cir- cumstances, the family might consider and interfund loan. There is a safety mechanism built into rule number 3 that protects the family against making an unwise or fis- cally irresponsible decision. Rule number 3 states that the family agrees that before an interfund loan or transfer of funds takes place that cannot reasonably be expected to be paid back within 12 months then the family must seek the advise and approval from the clan that the family is a part of. Without the approval of the clan rule number 3 specifically states that such a loan cannot take place un- der any circumstances. They are also the rules, in plain english, that Nye County is required to abide by in handling the taxpayers money. Unfortunately all 3 of these rules have been savagely bro- ken, ignored and trampled on by the Nye County Admin- istration, and, with the encouragement of the Bye County Administration, the Nye County Commission. For those who don't know, the fund manager in Nye County is Les Bradshaw. By trashing these rules to the extent that it did Nye County expenditures were 6 million dollars over revenue in FY 95-96. 2 1/2 million dollars at NRMC and 3 1/2 million dollars in other county fund account. The pace of this activity has not slowed to this date. The money is, or was, all in the same bottle. Someone is responsible. The rules are there. It's the money that's missing. That is this man's opinion. Jill" II Kindergarten should be re- quired Regarding Charles A. Muth's letter (2/27) concerning chil- dren being required to start kindergarden early: From H.R. ! 617 the "Consolidated and Reformed Educa- tion, Employment, and Rehabilitation Systems Act"; or"CA- REERS Act".... Sec,3(b) PURPOSE- The purpose of this Act is to trans- form the vast array of Federal workforce development and literacy programs from a collection of fragmented and dupli- cative categorical programs into a streamlined, comprehen- sive, coherent, high-quality, cost-effective, market-based, and acountable Federal workforce development and literacy sys- tem that is designed to meet the education, employment and training needs of the workforce and the competitiveness needs of employers of the United States, both today and in the fu- ture. Sec.3(a)(6) Early exposure to career opportunities can en- rich the education experience and provide incentives for stu- dents to stay in school and achieve higher levels of learning. There were hundreds of pages to this bill including a two page table of contents! SO, you see, Mr. Muth, the sooner they get their hands on the children the better workers they will be. Is/Margaret Lawson Pahrump, NV Has the Fourth Amendment really been abolished? Regarding Ray Mallows letter in the February 27 edition concerning the Fourth Amendment and the roadblock ques- tion: Every citizen should be as incensed as Mr. Mallows and if they're not, they should be after reading the following ex- cerpt from H.R. 666, called the "Exclusionary Rule Reform Act of 1995" which amends Chapter 223 of title 18, United States Code by adding at the end the following: Sec.2(a) Evidence which is obtained as a result of a search or seizure shall not be excluded in a proceeding in a court of the United States on the ground that the search or seizure was carried out in circumstances justifying an objectively reason- able belief that it was in conformity with the fourth amend- ment. The fact that evidence of the existence of such circum- stances. Sec.2(b)(l) Evidence shall not be excluded in a proceeding in a court of the United States on the ground that it was ob- tained in violation of a statute, an administrative rule or regu- lation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Sec.2(b)(2) Evidence which is otherwise excludable under paragraph (1) shall not he excluded if the search or seizure was carried out in circumstances justifying an objectively rea- sonable belief that the search or seizure was in conformity with the stature, administrative rule or regulation, or rule of procedure, the violation of which occasioned its being ex- cludable. Reread Mr. Mallows' quote of the Fourth Amendment and then reread the above paragraphs and see if you can come up with an objectively reasonable belief that the fourth Amend- ment has literally been abolished. Is/Margared Lawson Pahrump, NV Opposition to the proposed ex. pansion of Ft. Irwin Following is a copy of a letter sent to the Secretary of Defense regarding my opposition to the proposed expansion of Ft. Irwin. Thought your readers would be interested since it impacts your area. Dear Mr. Secretary, I strongly oppose the ill-advised plan by the U.S. Army to spend scarce federal funds to acquire a massive amount of land in the ecologically-sensitive California Desert. The U.S. Army is seeking authority to spent $40 million to acquire 331,000 acres of public and private lands located be- tween Death Valley National Park and the Mojave National Preserve. The land would be added to the Fort Irwin Military Reservation to expand tank maneuvers and overflights by Army units and would be in addition to the millions of acres of land that the military already controls in Southern Califor- nia. The draft Environmental Impact Statement that has been prepared on the Army's plan notes that the proposed expan- sion of Fort Irwin would significantly harm, if not destroy, pristine desert lands, including native Mojave Desert vegetation, Joshua Tree woodlands and habitat for the threatened desert tortoise. Public access to much of the area would be eliminated and potential conflicts abound with the state highway and 70 miles of utility lines that cross the pro- posed expansion area. At a time when other Federal agencies are spending mil- lions of dollars to protect ecologically-sensitive desert lands, we should not spent $40 million which could contribute to the significant degradation of a vast amount of pristine desert land. The Army's plan is very controversial and threatens to, undercut historic decisions made less than three years ago in the California Desert Protection Act. I am asking you to review personally this proposal and to withdraw the Army's proposed actions that could jeopardize these important national assets. /s/George Miller Senior Democratic Member Pahrump a Las Vegas suburb? We visited your town having heard about it from Art Bell, the Talk Show man. Watched your fire department in action and the helicopter rescue in the mountains. Quite an exciting place to visit. How soon will it be before you are a suburb of Las Vegas? /s/William & Shirley Browning lndianola, Washington, across the water from Seattle My sincere apologies This letter is in response to the letter from Rosemarie Ratcliff (March 6, 1997). Let me begin by saying that as M.C. of the Lincoln Day Dinner in Beatty. I had no intention of offending anybody. I was not told the names of the singers and certainly would have thanked you by name had the names been told to me. I had never seen the talented performers of the Silver Tappers before and made a wrong assumption that the sing- ers were a part of the group. As for telling the audience to continue to socialize, I plead guilty. I was requested to say that and assumed, wrongly again, that the performers knew that this was going to be said. I should have checked that out first. You have my deepest apol- ogy and request for your forgiveness. I found the audience to be appreciative to your performances and they certainly did not ignore the show. Having never seen the Silver Tappers, I did not know the custom of asking for donations. I trust that the Editor will forward to the Silver Tappers the personalcheck I have enclosed. I hope to see another performance of the Silver Tappers in the future and wish Ms. Ratcliff and all the other gifted per- formers the best success on and off the stage. Is/Steve E. Evenson Esmeralda County D.A. (continued on page 27)