By Mark Waite
Nye County Treasurer Mike Maher promised people during a campaign speech at the Artesia Clubhouse in October 2010 he would provide timely reports.
Maher said his first goal was: “to provide you with accurate, timely, financial information so you can be capable of being informed and capable of either supporting a solution to a financial action by your elected officials prior to expenditures being made instead of after an expenditure is being made.”
A year later and Maher, a Republican who defeated Democratic incumbent Gary Budahl, is on the verge of having a complaint filed against him in District Court for running eight months behind in filing the monthly treasurer’s reports.
Nye County Commissioner Joni Eastley said she wasn’t threatening Maher, as suggested in the newspaper headlines. But Eastley said if monthly treasurer reports through Oct. 31 are not produced by the Dec. 6 county commission meeting, she will put an item on the agenda Dec. 20 to file a complaint against Maher.
Eastley defended herself on the Internet over charges she was just now looking at the finances.
Eastley said in an online posting, “I asked for those reports several times in board of commissioners meetings with no response from the treasurer. Those monthly reconciliations are required by law and I need them to help me make spending decisions.”
In another post, she said, “one of the essential duties of a county commissioner is to help maintain financial stability by overseeing the county budget process and revenue allocations.”
Eastley denied she had a hidden agenda, adding she is term-limited from running again in 2012 and doesn’t plan to run for another position. Eastley said she had a warm and cordial relationship with Maher throughout the years.
“If I hadn’t taken this action yesterday and things continued to deteriorate to the point that a state agency was forced to address what was happening, those same people who are criticizing me would be jumping up and down demanding to know why the commissioners weren’t doing their jobs,” Eastley said.
County auditor Dan McArthur has repeatedly criticized the delays in filing monthly treasurer reports in his annual audits. Last year, Budahl submitted reports three months late for the May 10, 2010 and April 20, 2010 county commission meetings; that stretched into over a four-month delay at the Sept. 7, 2010 and Nov. 9, 2010 meetings.
The last treasurer’s report filed on Feb. 28, 2011, lists a $3.77 million balance in the general fund, $2.13 million in the quarter-cent fund for public transportation, just over $6 million in impact fees, $6.9 million in the fund used for nuclear waste oversight and $10.3 million in the Payment Equal to Taxes fund used for special projects.
Commissioner Butch Borasky said he reads the monthly treasurer reports, when they’re available. Borasky said the other commissioners didn’t join Eastley in her remarks because she summed up everything.
“I don’t want to sound like an echo chamber,” Borasky said.
Maher withheld any explanation on why the reports were overdue.
“I’m not going to comment anything in the newspaper on this. I’m just going to give them the reports,” he said.
Maher had been the Nye County manager until March 2006 when he was fired along with Comptroller Marie Owens by a 3-2 vote of the county commission. Maher failed to inform county commissioners he was notified by the Nevada Department of Taxation eight months earlier, in June 2005, about overspending the budget and for a resolution that improperly used the Payment Equal to Taxes from the U.S. Department of Energy for Yucca Mountain to balance the budget, described as a loan. The state taxation department said Nye County violated the Nevada Open Meetings Law in not properly publishing newspaper notices about the loan.
Maher ran unsuccessfully for the county commission in 2008 but came back in two years to win the treasurer’s race.
Eastley said her words to County Assessor Shirley Matson, warning her she could be removed from office for exceeding her office’s budget, were simply precautionary. In her online postings, Eastley said she scolded the sheriff’s department about exceeding its budget two years ago. But she didn’t threaten Sheriff Tony DeMeo with removal.
Matson won approval to expand the job duties of employees to be deputy assessors during Tuesday’s regular commission meeting.
McArthur’s audits pointed to overspending in various funds. In the fiscal year that ended June 30, 2009, McArthur said the education endowment fund, regional streets and highways fund, medical and general indigent special revenue fund, and special revenue funds pertaining to the law library, mining maps, forensic services, land sales, state and county room tax, Beatty room tax and trust property costs, were all over budget.
In Maher’s speech during the 2010 campaign, he elevated his position to one of economic development, not just a number cruncher.
“I believe the decisions that are made in the next four years will determine the way the county will go in the next 40 years. So I’m asking everyone to vote because I believe when you are in the voting booth you will be inspired to vote for the candidate who will be a catalyst in helping to make Nye County a place where the American dream becomes a reality. I want to be more than a tax collector for you, I want to be your revenue generator,” Maher said.
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- Nye County Treasurer Michael Maher
Isn’t this guy having to wait on numbers and info from the genius’s that cant figure out how to put a coat of tar on a roof at a community center in 2 years for less than the cost of an entirely new building?
Two YEARS to get Blagg road AT LEAST graveled and travel-able at 25 or 30 mph?
Yep!
I can see the logic!
I too am going to “O-Blame-A” the nearest Republican, even though he is only the report writer.
NO, Mr. Maher’s job has nothing to do with the road department. Two totally separate issues. Get your facts straight before you post.
And to try to shift responsibility for the County’s ineptitude to President Obama is silly. Just plain silly. Time to end this sketch.
Joni forgot to criticize and threaten the county auditor, Dan McArthur for his delay to report at a regular meeting of the board of county commissioners in October in which he shall submit to the board a statement containing the information required by NRS 354.290 subsection 1 in such detail as may be required, but the statement must, in any event, show the amount of outstanding warrants against and the available balance in each county, state and special fund, together with an analysis of revenues and expenditures for the previous quarter by account and fund. The analysis must use the same accounts and funds as were used in the budget adopted by the board of county commissioners for the applicable fiscal year and must be so organized as to relate directly to that budget. Did he file any reports in January, April, and May as required by NRS 354.290?
The County Auditor referred to in this statute was an elected position (held by Donna Motis until 2006, I believe) that Nye County decided to eliminate by replacing that position with a County Comptroller. Mr. McArthur has nothing to do with the responsibility described by this statute. Find out who the County Comptroller is and ask him or her if it has been done, and if not, why not.
Mr. Bosta, it wasn’t a threat, it was a promise. And what you call criticism was an observation on my part that was dead on. Additionally, the “auditor” you’re referring to is the elected auditor, which we don’t have. When the previous elected auditor retired, the BoCC voted to eliminate the position in favor of hiring a comptroller. Mr. McArthur is an independent contractor who is under contract to Nye County to perform our financial audits each year. And that audit for the past fiscal year cannot be completed without these monthly reconcilations.
Joni, your statement, “the BoCC voted to eliminate an elected position, County Auditor, in 2006 in favor of hiring a Comptroller” needs some clarification. What NRS or NAC allows the BoCC to do so? Please give the date of the BoCC agenda and item number. Please give the name of the Comptroller and the job discription. Are the duties of the independent contractor to perform the financial audit different that the elected County Auditor? Are the duties of the Comptroller different than the elected County Auditor?
Chapter 251, John. Getting tired of doing your simple research for you. Apparently you have a computer and time to type. Google Nevada Revised Statutes, search for County auditor or comptroller and, voila, you may find your answer.
Joni, you get to answer the rest of this guy’s questions. I have errands to run.
Mr. Bosta, I don’t have to prove to you whether or not Nye County acted lawfully when the board voted to eliminate that elected position and replace it with a comptroller. If you believe we did something wrong, you may do the research yourself and notify the proper legal authority if you believe that research supports your position. And if you contact the county clerk’s office, I’m sure she’ll be happy to provide you with the minutes (provided you pay the required fee) of the meeting where a previous board discussed and voted in favor of that item.
I am beginning to like the Grand Jury investigation idea. NYE County needs to haul a lot of trash to the dump, or prison, whichever is most appropriate.
Joni I did not accuse you or Nye County of acting unlawfully. I only asked you to cite a NRS or NAC. So, I followed your advice to do the research myself. Using Weeddigger’s citing, Chapter 251, I found the answers to the questions that I asked. Pursuant to NRS 251.010 the county recorder is ex officio county auditor in counties in which a county comptroller has not been appointed. Donna Motis, the elected county recorder was the ex officio county auditor until July 1, 2004. Pursuant to NRS 251.170 in any county having a population of less than 100,000 the county manager, with the confirmation of the board of county commissioners, may appoint a county comptroller. The county comptroller shall perform all of the duties required of county auditors under this chapter or any other applicable law of this state, including county ordinances
On June 15, 2004 the BoCC appointed Michael Maher, County Manager as “Acting Comptroller” effective July 1, 2004 until such time as the selection and appointment of the Comptroller is complete.
On June 20, 2006 Interim Assistant County Manager Rick Marshal recommended Pam Webster for the position of Budget and Fiscal Director. Commissioner Eastley made a motion to approve; seconded by Commissioner Cox; the motion pass with 5 yeas.
On August 8, 2006 the Board approve the following matters related to reorganization of the Comptroller’s key financial functions:
a. Name the Department the Nye County Department of Finance.
b. Place the Accounting, Purchasing and Budgeting Division functions and personnel under the management and supervision of the Comptroller.
c. Approve the reclassification and merging of the position of Budget Director to the position of Comptroller (which eliminates the position of Budget Director); approve revisions to the Comptroller’s job description; and confirm the appointment of Pam Webster to the position of Comptroller.
d. Retain the eliminated Budget Director Position’s funding for a non-department head position within the Finance Department to be created at a future date after evaluation of existing Finance Department operations.
Therefore, the Comptroller, Pan Webster is required to fulfill the County Auditor duties pursuant to NRS 354.290 (2) at a regular meeting of the board of county commissioners in October, January, April and September, the county auditor shall submit to the board a statement containing the information required by subsection 1 in such detail as may be required, but the statement must, in any event, show the amount of outstanding warrants against and the available balance in each county, state and special fund, together with an analysis of revenues and expenditures for the previous quarter by account and fund. The analysis must use the same accounts and funds as were used in the budget adopted by the board of county commissioners for the applicable fiscal year and must be so organized as to relate directly to that budget.