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REBUTTAL: TO THE VOTERS OF FERNLEY

October 18, 2009

In a public debate, when your opponent stops arguing the merits of his position and instead starts attacking you personally, you know you've won the argument. There could be no better demonstration of this axiom than the whining, self absorbed diatribe published by Curt Chaffin (TO THE VOTERS OF FERNLEY) on 14 October.

In his rambling letter, Mr. Chaffin claims that “There is a small group of people who are bent on destroying your present city government, by undermining the normal election process.” Mr. Chaffin is upset that citizen activists were successful in their efforts to recall the Ward 3 councilman, Monte Martin, and are now in the process of recalling him.

News Flash for Mr. Chaffin: This is the “normal” election process. Elected officials that are ineffective, incompetent or that refuse to listen to their constituents can and should be recalled, and Nevada Revised Statutes provide very specific steps and procedures that must be followed in order for a recall to be successful. The citizen activists responsible for the recalls have meticulously followed state law but, apparently, Mr. Chaffin doesn't care much for the law when it doesn't suit his purpose.

multi-part series

Mr. Chaffin alludes that the Ward 3 recall results should be invalidated because of low voter turnout: “It appears that 91% of the registered voters in the ward were mostly unaware of the election, or chose not to vote.” Is it possible that low turnout is the result of voter apathy? Could it be that constituents have become so disgusted with the incessant ineptitude of their elected officials that they just don't care anymore? If so, that would seem to lend credence to the importance of the recall. The electorate in Fernley needs council members in whom they can have full confidence and will support. By not voting, they are making a statement of no confidence.

Mr. Chaffin then intimates that the 155 ballots cast are irrelevant. He conveniently ignores the fact that the 155 votes cast in the Ward 3 recall is a greater number than his margin of victory, 126 votes, in the last general election. Curt Chaffin just doesn't get it. 155 Fernley citizens made the effort; they took time out in the middle of a work week to make their voices heard and, by law, their votes must count! But, there again, is that inconvenient issue of following the law.

Curt then goes on to list numerous city government failings for which he should not be held accountable. Here are the Facts:

Curt Chaffin has consistently failed to provide adequate oversight of city staff. Last February it was discovered that, what had been assumed to be a seventy five thousand dollar surplus in the city treasury, was actually a four hundred thousand dollar deficit. It was only after Councilwoman Malloy, at the urging of citizen activists, began researching the city treasurer's accounting practices, that this near half million dollar discrepancy became apparent. Had it not been discovered, and steps taken to correct it, the city could have been bankrupted and dis-incorporated. In this case, Councilwoman Malloy, and the citizen activists Mr. Chaffin alleges are trying to destroy the city, actually saved it.

Curt Chaffin voted in favor of, and continues to support, City of Fernley Ordinance 2008-013, the Solid Waste Management and Collection Franchisees Ordinance, commonly referred to as *mandatory trash. This ordinance is unconstitutional. It discriminates against low income families, the elderly and veterans. It is government overreaching at its worst and it eliminates free market competition that keeps rates low for consumers. Curt claims the ordinance is needed for
'good sanitation.
But, let's be perfectly honest. With the city getting an eight percent cut of Trash Pros gross revenues (the highest in the state), the “mandatory” clause of the franchise agreement has little to do with trash. And, it has nothing to do with maintaining the aesthetics of our community or looking after the welfare of our citizens. Mr. Chaffins failure to provide adequate oversight of the previous city treasurer and manager has resulted in an ongoing municipal debt of nearly seventy five million dollars. Most of that red ink is the result of an ill conceived water treatment plant that he also supported and which is costing the citizens of Fernley roughly four times what a comparable plant cost Fallon just a few years ago. Mandatory trash is nothing more than a method for generating a revenue stream for the city in a vain attempt to cover up gross managerial and fiduciary irresponsibility. It is simply a tax hidden as a service fee.

Curt Chaffin voted in favor of, and continues to support, the Nevada Cement Mustache Pozzolan Quarry. Curt says, “it is far from any residences, with only a temporary road that will be used for a short time that passes near some houses. The gravel being collected is not dangerous...” All this is a lie. The quarry is a growth killing white elephant that will have long term dire effects for the citizens of Fernley. The proposed quarry site is within feet of a zoned residential area and, when mining operations begin, eighty ton trucks will be hauling silicateous pozzolanic material through our residential streets every half hour for the next twenty five years. Crystalline Silica is classified by the International Agency for Research of Cancer (IARC) as a Group 1 human carcinogen and, according to a laboratory analysis performed by the University of Nevada, Bureau of Mines and Geology, the pozzolanic material from the Mustache quarry is 81.5% crystalline silica. This laboratory analysis was commissioned and paid for out of pocket by citizen activists because the city council, and in particular Curt Chaffin, refused to have the analysis done. Apparently, Mr. Chaffin didn”t want citizens to be aware of the dangers he was exposing them to.

Curt laments that he hopes “our citizens will wake up to what is happening to the government of Fernley.” Mr. Chaffin, the people of Fernley have awoken. That's why we're having these recalls.

Throughout his letter, Curt Chaffin harangues the “negative people and their misguided followers” that are responsible for the recall elections. He would do well to read the Declaration of Independence and the U.S. Constitution. It was a group of “negative people and their misguided followers” that formed this great nation.

The City Clerk's Office will be open for early voting, on Monday, November 2, 2009 through Thursday, November 5, 2009, and for regular voting on Election Day, Friday, November 6, 2009. Poll hours are: Monday, November 2, 2009 thru Thursday, November 5, 2009 8:00am to 6:00pm and Friday, November 6, 2009 (Election Day) from 7:00am to 7:00pm. Please vote to remove Curt Chaffin from office. We deserve better than this.


Jerry Burns
Fernley, NV

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