By Mark Waite
Nye County District 2 Commissioner Frank Carbone became the second commissioner to take the oath of office under protest Tuesday.
Commissioner Butch Borasky first made his objections known to the oath two years ago when he was reelected to a second term.
“I want to make sure that before I take my seat to support the Board of County Commissioners that I believe I’m doing this under protest as far as swearing to the government. I believe that is something that’s not constitutional, and I believe that the Constitution of the United States is actually the supreme law of the land,” Carbone said.
To that County Commission Chairman Lorinda Wichman, sworn in unopposed to a second term as District 1 commissioner, said Carbone knew the requirements of the job before he took it.
While Wichman said she’s looking forward to working with Carbone, she said, “Quite frankly, anyone who is not willing to take the oath of office, I think they should probably find other work. Everybody else has had to take the same oath.”
Later in the meeting, under commissioner comments, Commissioner Dan Schinhofen said he supported Carbone’s stance. Schinhofen said nobody else has to take this oath, but added he can’t find a state senator or assemblyman willing to sponsor a bill to change it.
Wichman said, “You’re upholding the law, so if you don’t like the law, you have to change the law; don’t break the law.”
Commissioner Joni Eastley said it would take a constitutional amendment to delete any reference to the government of the United States or State of Nevada in the oath; she said Nye County is a political subdivision of both.
Others sworn in during the mass swearing ceremony included Pahrump Justice of the Peace for Department 1 Ron Kent, Fifth Judicial District Judge Kimberly Wanker, Nye County School Board Area Two trustee Rob Mobley, Pahrump Town Board members Bill Dolan and Amy Riches, as well as Amargosa Valley Town Board members John Bosta and Trevor Dolby.
District 3 County Commissioner Donna Cox was on vacation in Tennessee. Amargosa Valley Town Board members Joe Cohan and J.E. “Doc” McNeely were working and missed the ceremony.
The oath of office, administered by County Clerk Sam Merlino, states: “I state name do solemnly swear that I will support, protect and defend the Constitution and government of the United States and the Constitution and government of the State of Nevada against all enemies, whether domestic or foreign and that I will bear true faith, allegiance and loyalty to the same; any ordinance, resolution or law, of any state notwithstanding and that I will well and faithfully perform all the duties of the office on which I am about to enter, so help me God.”
In other commission news, Eastley received two more awards during her last meeting after her third term and 12 years on the board. Nye County Nuclear Waste Project Office staff members and consultants presented her with a map of Bullfrog County, briefly created in the 1980s, and an aerial photo comparing how Pahrump Valley looked in 1953 compared with today.
Eastley gave a bit of trivia: the one marriage license issued by Bullfrog County during its short term went to former Nye County hydrologist the late Tom Buqo and consultant Mary Ellen Giampaoli.
Commissioner Gary Hollis, who lost to Carbone in the general election, was undergoing heart bypass surgery Tuesday, but county commissioners relayed his messages.
“He says he’s going to get an oil change and a lube and he’ll be back for another 100,000 miles. He’s in good spirits,” Borasky said.
Eastley said she was told to say, “this was not coming out of the heart-lung fund.”
County Manager Pam Webster said she was told to smear cake on Eastley’s face.
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- Mark Waite / Pahrump Valley Times – Officials taking the oath of office Tuesday included, from left, commissioners Frank Carbone and Lorinda Wichman, Nye County School Board Trustee Rob Mobley, Amargosa Valley Town Board members Trevor Dolby and John Bosta, Fifth District Judge Kimberly Wanker, Pahrump Town Board members Amy Riches, and Bill Dolan, and not pictured at the end, Pahrump Justice of the Peace Ron Kent.
I don’t understand. These people are taking oaths to assume positions within the State of Nevada. The US constitution clearly states that rights and responsibilities not given to the federal government belong to the states. If they feel that some law within Nevada conflicts with the US constitution, that is an issue for federal courts to resolve. For them to take upon themselves the power to decide whether or not a Nevada law or regulation is a ursupation of a right that the US constitution reserves for the federal government, that is a decision for federal courts to resolve which means they would be violating their oaths to uphold the US constitution if they reserve for themselves the right to refuse to act as defined by the state constitution.
The Government did not elect Frank, the People did. I think he did the right thing and given time he will get that law changed as it should be. Go get Frank.
I meant to say go get them Frank…..second times a charm.
The U.S.Constitution is the law of the land and the “government” has been slowly taking away the God given rights of the people in this United States of America. It’s very apparent,that Frank Carbone has his heart & patriotism in the right place and maybe it’s time for people like commissioner Lorinda Wichman to look for other work.
The guy has a right to his opinion.
I’m more interested in him doing what is right for the citizens of Nye county than whether he took an oath or not. In the past we have had commissioners take the same oath and then leave office due to corruption and illegal activity.
Which type of person would you rather have serving us? The oath means nothing if the oath bearer is a snake.
Maybe I’m looking at this too simplistically, but here’s my take on it. You guys don’t want to take the oath of office because you don’t support the government. You don’t support it at the federal level, you don’t support it at the state level, and you don’t support it at the county level. So if you don’t support it, then why did you run for an office that’s a part of it? Seems pretty hypocritical to me. I’m sure that every one of you collects your paycheck, so it’s pretty easy to put a dollar value on your convictions.
Mr Whiplash, who is the Government? It’s We the People; his oath should be to We the People. Our State and Federal Government has showed us time and time again that it is not for We the People when the elections are over. Mr. Carbone is keeping his word to his voters. The change for a better tomorrow has to start somewhere and I’m glad it’s starting with Frank.
Madam, don’t you see you just made my point for me? If the government is “We the People” as you say, and the terms are synonymous, then when the oath is taken, they’re swearing allegiance to those very same “We the People”.
Mr. Whiplash
Mr. Whiplash, you are playing with words. I think most readers understood NV Gal’s point. I personally, understood it, and appreciate it.
NV Gal, I’d be willing to wager a sawbuck that by the end of Frank’s first term you will have lambasted him for some of his votes and you will deride him for being a turncoat.
Wanting to sit in an elected chair is one thing, sitting in that chair is a whole nother ballgame and a different league.
Mr. Thomas, I’ve read posts at this site long enough to know that it won’t take that long!
I’ll take that wager Mr Thomas.
If I remember correctly, Butch Borasky did the same thing when he was sworn in for his first term. Didn’t he?
The oath is to support the constitution upon which the government is based. One cannot take an oath to support the government when it violates the constitution. If the government began killing people as in Germany during WWII, would Commissioner Whichman support it? IF SHE DECIDED TO NOT SUPPORT THE GOVERNMENT SHE WOULD BE VIOLATING HER OATH.
Ergo, Mr Carbone gets an A+++ in Constitutional understanding.
Mrs Wichman deserves a better understanding of her position as an elected official.
How can one take an oath to support the government, and the document that restrains the government? Frank gets an A because he understands that the Nevada Constitution is flawed in this instance (and several others). Bringing understanding to this fact is the first step in correcting it. For instance, the Constitution guarantees the right to bear arms, but if (like California) the government restricts that right, to whom does a Nevada elected official owe his/her allegiance? The Constitution is the supreme law of the land, and it is because at the time Nevada became a State the North wanted allegiance from Nevada that our oath is ambiguous.