Nye Commissioner Cox to pay for lawsuit against county

Nye County Commissioner Donna Cox will have her county salary garnished to settle a judgment assessed against her stemming from a lawsuit she filed against the the county in 2009.

Cox agreed to a monthly payment plan at a meeting of the County Commission on March 17 to pay off the $3,098.65 judgment which represents court reporter and transcript fees resulting from her own deposition, before the case was dismissed on Sept. 9, 2009.

Cox, who took office as an elected commissioner in 2013, filed the lawsuit in United States District Court, individually and as representative of Citizens for Safe Community, against Nye County and Corrections Corporation of America alleging, among other things, that Nye County violated open meetings law and zoning ordinances in the proposed construction of a privately owned correction facility in Pahrump.

The lawsuit also alleged anticipated lighting nuisances, water shortages, sewage disposal problems and prisoner escape attempts, in addition to assertions of violations of the National Environmental Policy Act. Those allegations included negative environmental impacts to desert tortoise and burrowing owl habitats. The lawsuit also claimed that Nye County and Corrections Corporation of America did not thoroughly examine “the effects on the yucca plant,” in proposed construction plans, according to court documents.

A federal judge found the lawsuit to be without merit regarding the environmental complaints as well as finding several errors in proof and jurisdiction. A similar lawsuit, filed in Nye County District Court in 2009, was likewise dismissed on Feb. 17, 2010 with a finding that the lawsuit “did not present any genuine issue of material fact.”

Nye County District Attorney Angela Bello explained that, under certain circumstances, when a lawsuit is dismissed the option exists for attorneys to request legal fees and costs be reimbursed by the losing party. Nye County did not ask the court to levy legal fees against Cox since the lawsuit was defended by county attorneys, as part of their regular duties. The judgment, she said, is a result of the costs associated with additional expenses Nye County was required to pay to conduct Cox’s deposition.

Though it is not customary for legal issues to be discussed publicly, Bello explained that the garnishment represented a contract agreement. Contracts must be approved by the commission, she said. Also unique to the contract was the fact that Cox had agreed to pay additional fees by the inclusions of interest on the original amount.

The commission approved the contract with a 3 - 1 vote, with Cox abstaining due to a conflict of interest and Commissioner Butch Borasky voting against approving the contract.