AB 312: An Abuse of Power

AB 312 which is now currently before the Senate Government Affairs Commission, and was submitted by Republican Assemblyman and former member of the Carson City Board of Supervisors, Pete Livermore, strikes at the very heart of our democracy.

It is a despicable piece of legislation motivated more by vindictiveness on his part towards the citizens of Carson City, coupled in part by his ineffectiveness as a state legislator.

AB 312 is the cheapest form of political patronage and is the classic example of “back door” politics that permeates Nevada politics. If this bill passes, it will effectively strip every citizen of their constitutional right to participate in the political process and will subjugate the authority of the citizens of Carson City to the overbearing whims of the state legislature.

There are two parts to AB 312 that completely vitiate the concept and well established doctrine of “checks and balances.”

It allows a state representative to arbitrarily appoint (as opposed to nominating) to the Carson City Charter Review Commission, an individual without a proper vetting of the individual in a public forum, whereby, any citizen could challenge the qualifications, background, or the individual’s standing in our community. Without introduction to our community, this individual would not have to stand before our duly elected representatives and no citizen would have a voice to either endorse or reject this individual if they so desired.

A direct appointment is dictatorial in nature, whereas a nomination to the Carson City Charter Review Commission allows for public discourse.

The second part to AB 312 is the most egregious in nature. It allows the Carson City Charter Review Commission to completely bypass the Carson City Board of Supervisors, and go directly to any state legislator with their own political agenda. This is an act of cowardice.

If any member of the Carson City Charter Review Commission wants to be a policy maker then have the guts to run for political office. Stand before your fellow citizens and come out from the shadows of anonymity and the protection of your political patron and state your case to the people of the community you live in.

AB 312 usurps local authority for no justifiable reason. Other than anecdotal rhetoric, there is no substantive evidence that the BOS has ever abused its power and discretion when considering the nominations to the Charter Review Commission made by the City’s legislative representatives.

The discretion afforded the Carson City Board of Supervisors was granted for a reason and that reason is very clear, the citizens voted for their representatives and if they are unhappy with their elected representatives and their policy decisions, or if the citizens wish to change the structure of local government they can replace their elected officials thru open elections at the local level, not at the state level.

The legislative intent of the Carson City Charter Review Commission was never designed or intended to be a co-equal branch of our city government. The very language in the formation of this useless entity was to be in advisory in nature.

The operative word here is “advisory” which means by definition, subject to review by our elected officials’ and the citizens of Carson City! They were never granted the authority to make public policy and under AB 312 they will be granted unlimited power to change any city ordinance, to override any decision or policy by other boards and commissions and will never be held accountable to anyone while suppressing and eliminating the political voice of the citizens of Carson City.

— Karl Edward Neathammer is a Carson City resident.