A.R. 8


Assembly Resolution No. 8--Assemblymen Ernaut, 
    Neighbors, Hettrick, Tiffany, Braunlin, Lambert, 
    Nolan, Harrington, Tripple, Bennett, Marvel, 
    Humke, Close, Stroth, Carpenter, Batten, Steel, 
    Allard, Brower, Sandoval, Monaghan and Fettic

                  March 29, 1995
                 _____________

                  Resolution read
          Made Special Order of Business.


SUMMARY--Expresses disapproval of certain recent 
          actions of Governor and Attorney General of 
          State of Nevada. (BDR R-1936)




EXPLANATION--Matter in italics is new; matter in bra
ckets [ ] is material to be omitted.

ASSEMBLY RESOLUTION--Expressing disapproval of certain recent actions 
        of the Governor and Attorney General of the State of Nevada.


  WHEREAS, On March 20, 1995, the Attorney 
General of the State of Nevada filed a civil "Complaint for 
Removal from Office" in the Seventh Judicial District Court 
of the State of Nevada in and for the County of Lincoln 
(Case No. 13-3-95 LC) against certain individual members of 
the Board of County Commissioners of Lincoln County and the 
Caliente City Council which requests the court to issue an 
order "which will have the effect of removing each of the 
Defendants from their respective offices"; and
  WHEREAS, In this complaint, the Attorney 
General accuses these local governmental officers of 
malfeasance in office because they "have failed to bear true 
faith, allegiance and loyalty to the government of the State 
of Nevada and therefore, have violated their oath of 
office"; and
  WHEREAS, This accusation erroneously 
construes the official oath of office taken by all public 
officers to mean that a local government is not allowed to 
express its views on an issue of public policy if those 
views do not agree with the "official position of the State 
of Nevada" as expressed by the Governor, Attorney General 
and Legislature; and
  WHEREAS, The First Amendment to the 
Constitution of the United States guarantees freedom of 
speech, a guarantee that protects even speech which is 
politically unpopular or which is contrary to "the official 
position of the State of Nevada"; and
  WHEREAS, In carrying out their pivotal duty of 
developing public policy for the benefit of the particular 
community within their jurisdiction, elected public officers 
must weigh different alternatives, consider conflicting 
points of view and examine the compelling arguments both in 
favor of and in opposition to various public policy issues; 
and
  WHEREAS, The appropriate manner in which to 
remove a public officer for making unpopular public policy 
decisions is through the process of recall by the voters who 
elected him or her to office; and
  WHEREAS, The complaint also accuses these 
local governmental officers of malfeasance in office for 
actions which the Attorney General declares, \sua 
sponte\\, to be the unlawful act of criminal conspiracy; 
and
  WHEREAS, Instead of upholding the fundamental 
principle that we are each innocent of criminal charges 
until proven guilty, the Attorney General in filing this 
complaint is requesting the court to punish the "Defendants" 
for an act of criminal conspiracy for which these officers 
have neither been charged nor convicted, thereby depriving 
them of their constitutional right to a criminal trial with 
all of the constitutional rights and protections such a 
trial would provide; now, therefore, be it
  RESOLVED BY THE ASSEMBLY OF THE STATE OF 
NEVADA, That the Assembly of the State of Nevada 
supports the First Amendment rights of all citizens of the 
United States to express freely their views on public policy 
issues, recognizing that the right of freedom of speech is 
meaningless if it applies only to popular speech; and be it 
further
  RESOLVED, That the Assembly of the State of 
Nevada, regardless of the issue under consideration, 
supports the right of all local governments to express their 
views to the state and Federal Government, and to take the 
action they believe is appropriate to protect the health, 
safety and general welfare of their constituents, even if 
that action is unpopular; and be it further
  RESOLVED, That the Assembly of the State of 
Nevada hereby expresses its sincere disapproval of the 
Attorney General for filing a civil complaint for the 
removal of these local governmental officers under these 
circumstances and of the Governor for supporting this 
action; and be it further
  RESOLVED, That the Chief Clerk of the Assembly 
prepare and transmit a copy of this resolution to the 
Governor and Attorney General of the State of Nevada, the 
Board of County Commissioners of Lincoln County and the 
Caliente City Council.

                     -30-