White Pine County’s Official Declaration of Refusal to Participate in any Opportunistic Non-Governmental Lawfare by Solicitation ["ONGL" Lawfare] & Strategic Lawsuits Against Public Participation [“SLAPP" Lawfare], against its own People.
Namely, as in the case of White Pine County retaining outside counsel against Economy Drug with our own public tax funds, We as a County do not subscribe to the claim that the amount, frequency, and/or nature of a given pharmaceutical (per capita) ON THAT BASIS ALONE is a qualifying condition to declare a CRISIS, WITHOUT ever taking into account the demographic conditions of said region, which may or may not warrant the statistics as they were from 2006-2013. By "County", we reference the great majority of its citizens that are the driving force. What the County IS NOT: Neglectful Attorneys, Public Officials, and Commissioners that’ve breached their fiduciary roles and leadership roles (respectively) to have been “baited” into such a large scale scheme, namely the two most prominent influencers We the People intend to hold accountable: Michael A. Wheable, NV Sate Bar # 12518 and James S. Beecher, NV State Bar # 12555. There are others that've knowingly participated in the selection process cover-up that occurred behind closed doors (in violation of Open Meeting Law). The participants involved did this to conceal that they were consulting with the target’s prime competitor all the while, BEFORE the targeted business ("Litigant") was announced to the public. The Timeline of Events reveals the peculiar business and musical chairs that were played, all within a very short time frame (January and February 2021). Former Commissioners Ian Bullis and Travis Godon, and current Commissioners Richard Howe and Laurie L. Carson were also baited into the scheme by both public official influencers.
Important factors that were overlooked before rationalizing the overstepping of authority may include but are not limited to: our elderly population, geographic factors; living conditions like the unknown effects with White Pine County ("WPC") as one of the Top Regions for Radon Exposure , long-term effects suffered by the DownWinder Populous and the unknown impact susceptibility even today, common ailments of susceptibility by residents of beyond the normal range of geographic altitude elevation. Polythycemia as a big one (a unique blood cancer condition that residents often don't know they've developed until years into the suffered side effects). Poor dietary habits as a driving factor. White Pine County is ill-famed for its limited accessibility to fresh produce due to extreme weather conditions, wildlife depredation and its geographic isolation. Another very real consideration that was never taken into account, is that perhaps a large number of the drug overdoses we see in the area, has a direct correlation to the police brutality and oppression toward our citizenry in White Pine County. How many suicides must occur, directly related to the over-exertion of law enforced oppression before we begin connecting the dots? To assert that a final determination can be realized to warrant such government intrusion (on a distribution per capita basis alone), without examining ALL possible contributing factors first, is a MASSIVE JUDGEMENT IN ERROR; and thereby constitutes as a blatant PREJUDICIAL ERROR. [ Rule 8.4. (d) ]
THEREFORE, any search of a citizen or business of said region (of one’s business records or anything otherwise), based upon a mere "opportunity", is without merit and lacking probable cause. To advocate and even engage in such illegal searches and seizures with only a solicited class-action OPPORTUNITY as justification, by TWO public official attorneys conspiring together to act outside their fiduciary roles in this manner (Both District Attorney and District Attorney-to-County Manager), are actions taken outside the purview of their entrusted scope of authority. This degree of pre-meditated Malfeasance tortuous conduct in public office is subject to the most severe penalties and punishment as will be outlined further, and is not to be taken lightly.
THE CONSTITUTION OF THE STATE OF NEVADA, Sec. 18. 'Unreasonable seizure and search; issuance of warrants. The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by Oath or Affirmation, particularly describing the place or places to be searched, and the person or persons, and thing or things to be seized.'
THIS IS NOT OUR LAWSUIT, AND IT NEVER WAS ...
NRS 252.180 Restrictions on presentation of claims against county. No district attorney, except for his or her own services, shall be allowed to present any claim, account or demand, for allowance, against his or her own county, or in any way to advocate the relief asked on the claim or demand made by another.
For a District Attorney to have been “baited” into involving other members of this government body, into a trickle-down class-action lawsuit WITHOUT White Pine County listed as “Plaintiff” or “Defendant” in said Federal Court Settlement (from which the frivolous local lawsuit option originated from, a 'witch-hunt' by its very nature), is a breach of this public office of the utmost severity. With the level of malfeasance involved in this plot perpetuated against its own people, We the People are not content with a mere slap on the hand and removal of offices. We want to see every single public officer knowingly involved, penalized to the highest degree admissible. The irrefutable Collusion and Conflicts of Interests are of even greater concern. ALL attempts made to try concealing the laws they knew they had already desecrated, have not gone unnoticed, as public and private employees scrambled to switch employee roles amongst one another. The ethical concerns being raised here may be found in the following Nevada State Legislative Statutes: ETHICS IN GOVERNMENT NRS 281-A and DISTRICT ATTORNEYS NRS 252.
TIMELINE OF EVENTS
- October 23, 2019 Meeting Minutes, County Commission: District Attorney Michael A. Wheable recommends we retain outside representation Eglet Adams Law Firm with public funds to move forward with litigating members of our own public. Commissioner Howe made the motion and a vote carried forward almost unanimously. In this meeting, Wheable acknowledges the potential ethical breach of such pursuit. Perhaps not realizing at the time, the level of high crimes he was forging forward, he strategically resigns as DA later when the plot escalates into action, creating for himself out of thin air (and with the help of others), a new public official title. This was a calculated maneuver to pass the baton onto his sidekick, Attorney James Beecher, to be the new front-face man for the scheme.
[ pg 4 of EXHIBIT 1.A - 10/23/2019 County Commission Meeting Minutes ]
- November 13, 2019 Meeting Minutes, County Commission: Former Commissioners Godon and Bullis (the two commissioners that were later voted off the board) carried a motion to officially move forward under Wheable's direction, to retain Eglet Adams Law Firm for the frivolous lawsuit against a person/business of interest within our own County, for a lawsuit not of our own accord. Here, White Pine County is proudly listed as Eglet Adam's client.
[ pg 7 of EXHIBIT 1.U - 11/13/2019 County Commission Meeting Minutes ]
- October 28, 2020: Wheable submits a Letter of Interest to be re-appointed to the White Pine County Audit Committee (of all committees this man should ever serve on), which his request was ultimately granted. We'd like to point out that the spouse of a man running the AUDIT COMMITTEE, should NEVER be allowed a position as COUNTY FINANCE CLERK, as this poses an irrefutable Conflict of Interest and Ethical Concern. Being that we've identified 3 (THREE) independent sources of discrepancies regarding Wheable's payment salary over the years, we will seek oversight intervention to audit these discrepancies.
[ EXHIBIT 1.B - DA Wheable's Letter of Intent to be re-appointed to County Audit Committee ]
[ EXHIBIT 1.I - Wheable & Spouse Public County Positions ~ We must begin rectifying CONFLICT OF INTERESTS ]
[ EXHIBIT 1.Z - Wheable's Salary Payroll Discrepancies ]
- January 14, 2021: Wheable submits Letter of Resignation to vacate the DA position, to become effective February 1, 2021. In this letter, he appoints his friend Attorney James Beecher as his replacement.
[ pg 2 of EXHIBIT 1.C - District Attorney Wheable's 01/14/2021 Letter of Resignation ]
- January 2021: Chief Deputy District Attorney AND private WBR hospital attorney Mr. James S. Beecher, resigns from his position as hospital attorney.
- January 27, 2021 Meeting Minutes, County Commission: 1) Wheable’s resignation from DA is accepted. In these minutes, Commissioner Laurie L. Carson makes a motion to appoint Beecher (upon Wheable's direction). Motion passes and Beecher is accepted to fill the remainder of Wheable’s DA term, to become effective February 2nd, 2021. [Items 2.*B, *C, pages 9-10] 2) DA Wheable and attorney Beecher select attorney Mrs. McKinzie Hilton to replace Beecher's Chief Deputy District Attorney position, which would then become effective on the same date that Beecher moves to fill the DA position, February 2nd, 2021. [Item 2.*F, page 10] 3) Discussion about recruiting efforts for the following two positions: [Criminal] Deputy District Attorney 1, since Bryan R. Pyle is "leaving", and discussions to fill the [Civil] Deputy District Attorney position. [Item 2.*E, page 10] 4) Also, discussion about giving themselves all another 15% bump-up pay raise as per Resolution FY 19-20 that this commission passed at an earlier date [Item 2.*D, page 10]. We'll address this in our upcoming Motion for White Pine County Fairness Tax and Budget Reform.
[ pg 9 and 10 of EXHIBIT 1.D - 01/27/2021 County Commission Meeting Minutes ]
- January 29, 2021 Meeting Minutes, Hospital Board of Trustees, for WHITE PINE COUNTY HOSPITAL DISTRICT dba: WILLIAM BEE RIRIE HOSPITAL "WBR" Hospital, Business ID # NV20151425136: Approval to hire a new Hospital Attorney is made since Beecher resigned as such. Of all the over-qualified candidates, NONE OTHER than the wife of Vice-Chairman Hospital Trustee board member (and public official County Assessor) Burton Hilton, Mrs. McKinzie Hilton NV State Bar # 14447 is selected to fill the position. Bryan R. Pyle states that Trustee-Secretary Burton had already submitted his resignation to the board (and therefore a Conflict of Interest could be deflected by making such disclosure), even though the resignation was not official yet.
[ pg 3 of EXHIBIT 1.Y - 01/29/2021 WBR Hospital Trustee Meeting Minutes ]
- Note that the PRIVATE non-profit hospital WBR is an NGO business entity ["NGO": a Non-Government Organization] often confused as a government entity], although a close relationship exists between the two. This is very important to highlight with respect to Wheable being compensated as counsel (with special 'perks' like free health insurance, ect.). Wheable sat on the Trustee Board as counsel for this number one Party of Interest in the Opioid state-to-county SLAPP Suit, BEFORE, DURING and AFTER discussions about this lawsuit THAT HE HIMSELF INITIATED INTO OUR GOVERNMENT AFFAIRS were being had, which he was closely tied to. Attorney James Beecher switched roles and took Wheable's DA position within just months after he left his position as Hospital Attorney for the same private WBR hospital. Pursuant to NRS 281A.410, BOTH ARE likely in breach of the 1-year restriction of moving between Public and Private positions. Doing this ESPECIALLY while a discussion about a pending witch-hunt litigation involving this hospital is all the more concerning. This also pertains to Attorney Mrs. Mckinzie Hilton and her involvement in the musical chair playing as well. This short period of switching around public official and private positions amongst all three attorneys demands further investigation, into what each of them knew and at what juncture in the process. And moreover, what did the non-profit private district hospital WBR know?
[ pg 3 of EXHIBIT 1.E - 01/29/2021 WBR Hospital Trustee Meeting Minutes ]
- February 1, 2021: Wheable's resignation date as District Attorney.
- February 2, 2021: Beecher's official hire date, taking over Wheable's DA position.
- February 2, 2021: Mrs. McKinzie Hilton's official hire date, taking over Beecher's County Chief Deputy District Attorney position.
- February 22, 2021 Meeting Minutes, Hospital Board of Trustees: Vice-Chairman Burton Hilton submits Letter of Resignation as WBR Hospital board trustee member. To fill vacancy, County Commission is authorized to appoint a replacement district hospital trustee member.
-
[ pg 5 of EXHIBIT 1.F - 02/22/2021 WBR Hospital Trustee Meeting Minutes ]
- February 24, 2021 Meeting Minutes, County Commission (Item 2-C): Mr. Burton Hilton’s request for resignation from The Hospital Board of Trustees is officially accepted. Burton states his resignation is due to a “conflict”.
[ pg 8 of EXHIBIT 1.G - 02/24/2021 County Commission Meeting Minutes ]
- March 10, 2021 Meeting Minutes, County Commission: Commissioners Godon and Laurie Carson elect Wheable to fill the vacant seat # 2 of the Hospital Board of Trustees (of all the over qualified candidates that applied).
[ pg 7 and 8 of EXHIBIT 1.H - 03/10/2021 County Commission Meeting Minutes ]
- November 17, 2021 Meeting Minutes, County Commission; The Dog & Pony "Interview": Proposal for new 'County Manager' position is brought to the table, with the help of the POOL/PACT organization to whom we pay WITH OUR VERY OWN TAX DOLLARS, for a "risk management" insurance policy. The question raised by this constituency is this: Do we pay this organization for an insurance policy to protect US from CORRUPT POLITICIANS, or to protect CORRUPT POLITICIANS from US? Did they find it "weird" that one of the two candidates picked for the interview (of 65 applicants) was the former DA who quit just months prior due to "stress of the job"? Were they aware they were assisting in a cover-up? Wheable explains his very vague reasons for resigning as DA but why he thinks he is the perfect candidate for County Manager. In these minutes, Commissioner Howe explains that in the past, he was not in favor of creating a County Manager position. In light of the HR Manager resigning however, he thinks it now makes sense (pg 5). Interesting how the books were retroactively changed to misrepresent the truth as it was in 2020. Here, employee titles were changed with Wheable now falsely reported as County Manager in 2020. This position did not exist yet. He was DA in 2020 and was only "re-branded" County Manager on 02/02/2022 (the official hire date). Also Beecher's title was altered retroactively to falsify him as DA in 2020 (he was not; not until 2021). Former HR Director Mr. Timothy Bunch's title was altered as well, to falsely misrepresent him as County Manager in 2020. We believe this was an intentional move soas to give the false impression that Wheable took over an already existing County Manager position. All desperate attempts to distance himself from the DA title and the efforts to conceal evidence by altering government employee titles retroactively, have not gone unnoticed and only raises more red flags. Public Officials would only go to these extremes if they are well aware of the violations. We believe Wheable to be in contempt of NRS 281A.410 and NRS 252.180 and will seek disciplinary corrective action accordingly.
Pursuant to NRS 239.300 Stealing, altering or defacing records, documents or instruments, NRS 239.310 Removing, injuring or concealing public records and documents, NRS 239.320 Injury to, concealment or falsification of records or papers by public officer, and
NRS 239.330 Offering false instrument for filing or record, all of these actions constitute as a category C felony and shall be punished as provided by NRS 193.130 ; and are subject to fines as detailed in the following NRS 239.340 Civil Penalty Schedule:
1. In addition to any relief awarded pursuant to NRS 239.011, if a court determines that a governmental entity willfully failed to comply with the provisions of this chapter concerning a request to inspect, copy or receive a copy of a public book or record, the court must impose on the governmental entity a civil penalty of:
(a) For a first violation within a 10-year period, $1,000.
(b) For a second violation within a 10-year period, $5,000.
(c) For a third or subsequent violation within a 10-year period, $10,000.
2. A civil penalty imposed pursuant to subsection 1 must be deposited in and accounted for separately in the State General Fund. The money in the account may be used only by the Division of State Library, Archives and Public Records of the Department of Administration to improve access to public records, and is hereby authorized for expenditure as a continuing appropriation for this purpose.
3. The rights and remedies recognized by this section are in addition to any other rights or remedies that may exist in law or in equity. (Added to NRS by 2019, 4002)
[ EXHIBIT 1.C - DA Wheable's 01/14/2021 Letter of Resignation ]
[ EXHIBIT 1.K - Transparent Nevada screenshots of Falsified Job Titles ]
[ EXHIBIT 1.J - 11/17/2021 The Dog and Pony Show "Interview" for new County Manager ]
{ EXHIBIT 1.P - Resumes received by County for County Manager Position ]
[ EMAILS BETWEEN COUNTY AND APPLICANTS ]
[ COUNTY MANAGER JOB ADVERTISEMENT ]
[ EXHIBIT 1.M - POOL-PACT and their involvement in the County Manager Interview ]
- February 2, 2022: Former DA Wheable conveniently starts his new employment as "County Manager" on this day (after resigning from the DA position 1 year and 1 day ago from this hire date). The timing of this is extremely crucial to point out, as it will become ever more evident how perfectly calculated this deceptive appointee process was. The ultimate selection was already pre-chosen and the hiring process for this position was nothing more than a Dog & Pony show of fakery. The County Commissioners were SOLICITED to put this new position on the table for consideration by Wheable, and with the help of others. The Commissioners were played like a bunch of circus monkey puppets and didn't even see the bamboozle in it all. Or did they? Of FIFTY-EIGHT (reported) highly over qualified applicants (our count is 65), former DA Wheable that quit just months prior due to "stress of the job", is magically selected for hire again; re-branded as County Manager. The publication for his re-hire may be found Here [EXHIBIT 2.E]. Things get even more peculiar.
- Between this time, the lawsuit was officially filed against Economy Drug by BOTH County and City. City withdrawals its participation at the start but both District County Attorneys Beecher and Wheable move forward with it, against the will of the people.
- February 24, 2022: Both Wheable and Beecher hold a press conference to explain why they selectively chose our most prized local family business Economy Drug to litigate against, and NOT the hospital of which both have had extensive counsel with before AND during the Opioid state-to-county SLAPP Lawsuit. In this meeting, Beecher admits the witch hunt nature of this pursuit by divulging that the only way to know for sure if Economy Drug is guilty of anything, is to sue first. Prior to the recording, Wheable throws his poor friend Beecher under the bus by conveniently stepping away from the camera before the Q&A. That public press conference may be found Here.
[ EXHIBIT 2.D - Video Conference held by Wheable and Beecher on 02/24/2022 ]
- April 12, 2023 Meeting Minutes, County Commission (EXHIBIT Item 2.C.2.A., page K-1): "Undersigned Authority" Michael A. Wheable NV Sate Bar # 12518 signs agreement as Authorized Official for our Government Entity to participate in obtaining benefits (the "allowance"), pertaining to a settlement NOT of our own accord (The Allergan Settlement), While having frivolously litigated against a respectable business member of this constituency (in exchange for participant eligibility); strictly prohibited as per NRS 252.180 Restrictions on presentation of claims against county. No district attorney, except for his or her own services, shall be allowed to present any claim, account or demand, for allowance, against his or her own county, or in any way to advocate the relief asked on the claim or demand made by another. Mr. Wheable's deceitful effort to disguise himself as something other than the DA to circumvent prosecution for Malfeasance in Office pursuant to NRS 252.190 (collaborated in secrecy with the help of others), opens up the need for discussion about HAS THE TIME COME FOR OUR NEVADA STATE LEGISLATORS TO RE-VISIT THIS NRS 252.180 STATUTE FOR REVISION, TO INCLUDE ALL PUBLIC ATTORNEY POSITIONS (not just limited to that of the District Attorney), in light of this new apparent "loophole" these public officials conspired to create but failed in the process (which other counties seem to have successfully carried out)? This specific legislature exists for an important reason: TO PROTECT THE PEOPLE FROM THIS KIND OF GOVERNMENT OVERREACHING MALFEASANCE IN OFFICE. These attorneys took an Oath to uphold The Constitution, but have neglected it by dishonoring this layer of protection to the people, and have even relished in the fact they almost got away with bypassing this important measure.
[ EXHIBIT 1.L - Re-branded DA Wheable ~ Undersigned AUTHORIZED OFFICIAL ~ Approves WPC Involvement in Frivolous Lawsuit ]
- Due to the CONSPIRATORIAL nature of ALL of this; the "re-branding" himself with a new public official title to try circumventing the law. Then retroactively falsifying his employee title (and others) to give a false impression that the County Manager position wasn't created for this purpose. The collusion in secrecy with other public officials and private entities. All other boldfaced attempts made to deface the evidence and the pre-meditated way in which all of this was strategized, causes a great deal of concern as to how deep the corruption of Attorney Wheable actually goes. Wheable is responsible for taking the bait and directing the County Commissioners to approve this ONGL interference into this government body, WHILE he was the sitting DA. He then attempted to pass his failure of this entrusted judiciary role onto another, as outlined in this Timeline of Events.
[ EXHIBIT 2.H James S. Beecher District Attorney Sworn Oaths ]
[ EXHIBIT 2.I Michael A. Wheable District Attorney Sworn Oath ]
The only way to ensure this grandiose level of Government Overreach NEVER HAPPENS AGAIN in White Pine County is through restitution by ACCOUNTABILITY.
- DA Wheable resigns as DA on 02/01/2021 after initiating this ONGL interference into this township's governmental affairs, setting a destructive precedence never seen before in White Pine County.
- Wheable then hops ship to serve as legal counsel for the private WBR Hospital, which so happens to be ONE of the TWO primary parties of interest under consideration for this ONGL lawfare.
- Just 9 1/2 months after resigning as DA, Wheable swiftly re-appears back onto the scene on 11/17/2021 for an "interview" to show his interest in the new "County Manager" position; a position that never before existed in White Pine County (although a deliberate false record was furnished to deceive otherwise).
- Just months into Wheable's re-branded DA-to-County Manager position (official re-employment date of 02/02/2022), Wheable then authorizes the SLAPP lawsuit against a targeted small business member of the community, as instructed by an outside law firm and for a lawsuit not of our own accord, acting outside the purview of his authority. All of this was done in conspiracy with Wheable's sidekick attorney James Beecher, to whom he passed his DA position on to.
- Wheable remained on The Hospital Board of Trustees serving as counsel for WBR hospital WHILE he was also working as a public official for the County. Using his licensure as legal counsel, Wheable remained on the Hospital Board of Trustees DURING the active lawsuit proceedings against WBR hospital's prime business rivalry Economy Drug (our most prized family-owned local pharmacy). He remained on that board up until December of 2022. WBR hospital meeting minutes are available for public viewing Here.
- To date, we've wasted a substantial amount of tax payer dollars on the backs of the tax paying public. We want to see every dollar returned to the people. Every effort will be made to insure our public dollars are recovered and those involved in this scheme are held accountable to the highest degree of offenses that were committed.
PROPOSED RESOLUTION
Wheable and Beecher have had ample time to come clean with their conscience. But in accordance to their own free will, they've chosen to continue down this destructive path. We understand that the acts made by these two attorneys are irrefutable grounds for disbarment but We the People are asking for the immediate removal of offices of both Beecher and Wheable, as well as putting into place a safeguard of protection; a special provision to prevent this kind of government over-reach from ever happening again in the future. In order to restore public trust, we must draft up a Resolution of Disqualification that'd permanently revoke these attorneys from ever holding a public office position again in White Pine County, as they've proven themselves untrustworthy. We the People are asking our County Commissioners to provide its constituents an itemized list of every dollar this county approved with respect to this unwarranted ONGL lawsuit, so that we may begin the accounting process in identifying what monies must be returned to the tax paying public. This includes wages (pay increases and overtime wages that were solicited by said public officers and any other public employees that might’ve incurred a monetarily benefit for administrative duties in connection), litigation costs (subpoenas, payments made to Eglet Adams Law Firm for retainment and any payments made thereafter, and to any other 3rd-party firms or administrators in connection), travel expenses, miscellaneous expenses, etc. Several insider accounts and members of the public have observed that internal files of evidence have been deleted in the electronic record keeping system (with respect to both the Opioid SLAPP Suit and the 2023/2024 White Pine County Property Tax Extortion Crisis). Due to such high level of corruption and efforts to destroy evidence, We the People intend to include 3rd-party intervention to assist in the auditing process.
Signed, "We the People"
SUBMISSIONS