Attorney's & Consultant's in Nye County Nevada
The Case of the Milkmaid of Nye County
Rachel Nicholson started with the Nye County's District Attorney's office in 1992 as a deputy district attorney under DA, Arthur Wehrmeister, handling both civil and criminal cases.in addition, she was assigned responsibility of providing legal assistance to the Nye County Hospital District until the Hospital District sued Nye County, just one of numerous law suits the county has had to defend due to mismanagement, incompetence, willful neglect and illegal activities. When that law suit was resolved in the spring of 1994, she started providing legal assistance once again to the Nye County Hospital District Board of Trustees.
In November of 1994 the current District Attorney, Robert Beckett, was elected. Ms. Nicholson, in addition to her duties as legal advisor to the Hospital District, was also advising the Board of County Commissioners on legal matters. Seems like many officials in Nye County were in need of legal counsel and have continued to require legal counsel right up to this writing. Of course, at taxpayers expense.
The amount of money spent on OUTSIDE attorney's fees defending the Hospital District, County Commissioners, county managers, Ms. Nicholson, Les Bradshaw (former County Manager) and numerous other law suits including at least 4 women who filed for sexual harassment against a County Manager while employed by Nye County is in the MILLIONS of Dollars. Money that could have been spent on the residents of Nye County, infrastructure, better schools, parks, salaries for county employees, seniors, kids, street signs and yes, paved roads.in most cases, you can place the blame squarely at the feet of the Board of County Commissioner's.
In May of 1995, Ms. Nicholson was transferred to a position known as Administrative Counsel, providing legal advice DIRECTLY to the County Commissioner's. I can only guess that the commissioner's were going to need their own personal lawyer to help them through their coming disasters. Her salary was now paid from the Administrative budget instead of the District Attorney's office.
In November of 1995 Ms Nicholson's title is changed to Administrative Deputy. She reported directly to the County Manager, William Offutt rather than the Board of County Commissioners. My research indicates that as early as the spring of 1994, Rachel Nicholson was informed that there were women being sexually harassed in the workplace, by William Offutt, the County manager. Some of these women came to Rachel Nicholson for advice.in January 1996, she received a two step raise increase recommended by William Offutt and moves back to the DA's office. Why another transfer only after two months in the new job?
Oh, What a tangled web we weave, when first we practice to deceive.
Sometime prior to July 1996, a series of sexual harassment lawsuits were starting to filter in against Nye County. The Regional Medical Center, County Commissioners, William Offutt, Rachel Nicholson, Les Bradshaw and others were also named as defendants. On September 11,1996, Ms. Nicholson is TERMINATED by Nye County District Attorney Robert Beckett. That same day she is in a newly created job called SPECIAL ASSISTANT TO THE COUNTY MANAGER.
Never mind that there were budget constraints in Nye County at that time and the hiring was in direct violation of a July 1996 Nye County Resolution 96-13 against filling job vacancies. The resolution states: "No job positions which are now vacant or which will become vacant by way of resignation, termination or otherwise, shall be filled by any elected official or department head without the prior approval of the Board." The Commissioners went ahead and violated their own resolution. But more importantly, her salary was to be paid from account 183—The Repository Scientific Grant Project, a FEDERAL program. An illegal use of Federal money.
Now it gets really interesting. The payroll change request signed by DA Robert Beckett terminating her employment was conveniently changed to read VOID-Transferred to Administration. Who voided the termination? Certainly not by Mr. Beckett as he has been objecting to her employment by the County as recently as the October 5,1999 County Commissioner's meeting. Then who did void the termination? Well, who has the power and authority in Nye County to do it? The County Commissioner's? Or possibly Rachel Nicholson herself? Could she be in effect running the county instead of the County Commissioner's?
A Inter-office memo dated October 21,1996 from Ms. Nicholson states "... The position of Special Assistant to the County Manager is to be funded bilaterally by administration and repository monies. The exact portion to be paid from each fund has yet to be determined, however, it is approximately a 50/50 split of funding".
But, Ms. Nicholson's salary was paid 100% from Repository Federal Grant Funds from September 11 to October 7,1996.
Rachel Nicholson then files a law suit for wrongful termination and sex discrimination against Nye County.
Questions & more Questions
First of all, I do not believe that the District Attorney was informed about the sexual harassment charges being brought forward by numerous women to Rachel Nicholson. This is based on the depositions of some of the parties involved, including Ms. Nicholson's. Was she fired because Ms. Nicholson was leaking information to the defendants in how to go about winning their law suit against the county? Or was she fired because she placed the DA's office in legal jeopardy? Because Ms. Nicholson had knowledge from at least 4 women about the sexual harassment and did nothing about it, is it possible that the County Commissioner's could not allow her to go on the street to testify/represent these plaintiffs? It certainly would have at that time and eventually did cost Nye County millions of dollars in defending the sexual harassment law suits. This of course brings up an interesting point of what and when the County Commissioner's knew about the sexual harassment in THEIR workplace. Since Ms. Nicholson was ADVISING the County Commissioners on legal matters, one would find it very difficult to believe that they were not aware of the situation of the sexual harassment when the women were bringing their concerns to Ms. Nicholson. William Offutt was the County manager for 5 years and was finally let go in March of 1996. But the sexual harassment of the woman was known by Rachel Nicholson as early as the spring of 1994, the source being the deposition of one of the woman. Richard Carver, County Commissioner, identified Rachel Nicholson as a "key player in Nye County" in his deposition. Did the County Commissioner's know all about the sexual harassment early on and decide to look the other way? Possibly because of the Commissioner's relationship with the county manager? On one occasion, Commissioner Richard Carver referred to Offutt as "the sixth commissioner." Whatever the reason the inaction on their part was going to cost Nye County and possibly themselves a lot of money. Was Rachel Nicholson bought off to protect the Commissioner's?
In May of 1998 Ms. Nicholson gives notice that she intends to leave for private practice.in June she is working under a Professional Services Agreement with Nye County for a compensation of $75,000 plus all expenses. The contract ended on May 31,1999 unless EXTENDED. The scope of work is as follows: The contractor (Ms. Nicholson) will provide policy support, legal and other professional assistance to the Department of Natural Resources. The contract for these services was signed on APRIL 21,1998, prior to her giving notice of intent to leave. Was it time for the "boys" to payback Ms. Nicholson?
June 1998 an Addendum to the May 98 agreement is signed. This appeared to be an extension, however, I cannot verify her compensation as not all the documents sent to me were included.
However, on October 20,1998 a new Professional Services Agreement is signed between Nye County and Ms. Nicholson. This contract expired on September 30,1999 and includes an increase in compensation to $96,000 plus travel, meals, rental cars, etc. Is Ms. Nicholson starting to reap the rewards for her "co-operation"? Incidentally, she does not even live in Nye County which from studying her expense account vouchers is costing Nye County residents some serious money.
On Sept. 21,1999 an amendment to the Professional Services Agreement was signed. It extended her services to December 31,1999, unless a written extension is granted. And I certainly would not bet against another extension. The amount of compensation not to exceed $126,000. This gave her a three month extension at $10,000 per month. Ms. Nicholson has come a very long way in a short period of time. Her compensation has almost doubled since working for Nye County as an employee. However, according to the Nye County auditor's office in Tonopah, Ms. Nicholson received as a Consultant:
7/1/97 to 6/30/98 $3000.00
7/1/98 to 6/30/99 $93,264.00
7/1/99 to 9/24/99 $99,984.00
For less than 3 months
And, at the October 5,1999 County Commissioner's meeting in Tonopah, Ms. Nicholson was "selected" as co-counsel to represent Nye County in two high profile court cases over the objections of the District Attorney, Robert Beckett. The author's best guess at this time is Ms. Nicholson is making close to $200,000.00 PLUS expenses under MULTIPLE contracts.
According to Commissioner Cameron McRae, using Nicholson's services will save the county money. Hmmm! How many times have the residents of Nye County heard that? McRae defended the county's practice of hiring outside counsel for certain matters. What is more interesting is his comment "We have gone through this issue of who controls litigation in this county time and time again", "It has always been our contention that we (County Commissioner's) do". Could this comment have anything to do with the County hiring Nicholson on September 11,1996 after being fired by DA Robert Beckett?
A request for an Opinion by Commissioner Jeff Taguchi is requested from District Attorney Robert Beckett on November 18,1996. The request is two questions.
Is the transfer of Rachel Nicholson to Nye County Administration valid?
District Attorney's Opinion
"No. Especially, when considering the paperwork representing the transfer was unsigned, the source of the paperwork representing the transfer unknown, and the origin termination paperwork was altered by writing VOID across the front. (The author has copies of these two documents). This type of conduct is characterized as criminal activity under the Nevada Revised Statues. The transfer is therefore void and any resulting status bestowed upon Ms. Nicholson should be reviewed immediately." In the discussion section of the opinion:
"The legal ramifications of the conduct of the Administration individual (s) altering Exhibit One and resulting in Exhibit Two, are possibly criminal. Since the continued employment of Ms. Nicholson has been authorized by Exhibit Two, apparently for the benefit of the Nye County Commission, it must be determined whether the actions of the commission are legal and the origin of Exhibit Two. Since the members of the Board of County Commissioner's qualify as Public Officers, the actions of the individual (s) altering Exhibit One and replacing it with Exhibit Two are criminal under N.R.S. 239.300-239.320.
Is the funding for Ms. Nicholson's salary valid?
"No. The position and source of funds to pay Ms. Nicholson's salary has never been authorized by the County Commissioner's of Nye County. Any future payments would be from the Nye County Administration General fund. Given the budget concerns currently facing the County and the County's Resolution against filling job vacancies, the problems concerning Ms. Nicholson's position and it's funding should be addressed immediately."
Needless to say, the opinion of the DA Mr. Beckett fell on deaf ears as the Commissioner's not only retained but managed to create new positions for the Nye County Milkmaid.
This leads to a question of potentially ominous proportion. Why has beckett allowed this illegal position to go unchallenged and why has beckett allowed nicholson to usurp authority and responsibility for civil law in nye county that constitutionally belongs to his office?
Is it because Rachel Nicholson IS the de facto District Attorney in Nye County?
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