The White Pine County Commission tabled the resignation of Gary Perea Wednesday following a reversal of sorts from the Nevada Gaming Commission.
White Pine County Commissioner Gary Perea was forced to resign two weeks ago following a ruling from the Nevada Gaming Commission that the two term commissioner could not serve as a county commissioner and hold a gaming licensee.
“It took them eight years to notice,” Perea said. “The investigator assigned to my case I had to resign and I have to suspend my campaign. He also said that I could apply for a waiver that would cost $18,000 and that even if I left office immediately I would be liable for a fine. My name will still be one the ballot but along with it will be a note that I must decline to serve.”
Perea owns the Border Inn in Baker Nevada, a small tourist hotel that also sports a tiny casino and bar.
But while investigators told Perea one thing, their boss Frank Streshley said quite another in an interview with the High Desert Advocate.
“All Mr. Perea has to do is not to be apart of the operations at his property that would conflict with his being on the county commission.” Streshley said.
Perea confirmed that as of Wednesday he also had been told that he no longer needed to either resign or to withdraw from the upcoming election.
“I was told that all I needed was a letter from our district attorney that I was not in violation,” he said somewhat confusedly.
One of the most active White Pine Commissioners Perea was one of a handful of reformers that brought the county out of bankruptcy eight years ago and back into solvency. He also led the fight against the Las Vegas water grab and several sources speculated that the sudden interest in his 40 slot machines was politically motivated by the Las Vegas dominated Gaming control Board.
While any direct links between the SNWA and the gaming investigation have yet to be found the nature and the timing of the investigation has certainly raised eye brows in White Pine County.
First elected in 2004 Perea has had to undergo yearly audits by gaming investigators who knew of his political position as a White Pine County Commissioner. With his name on the county letter head his employment on record with the state Perea made no attempt to hide either where he worked or what he owned.
And while Perea was told to resign immediately, another elected official in White Pine county, Ely City Councilman Shane Bybee was not even targeted by the gaming board even though he has a gaming license and is in the same territory of the investigator as Perea.
“I have been in charge of gaming Tax and License for three and a half years,” Streshley added. “And I have never seen this type of investigation before.”
Even before the sudden reversal of Perea fortunes there was a movement underway to draft the Commissioner in the up coming election.
In a half page ad Perea backers are urging voters to reelect the two term Commissioner any way to at least keep the seat in the Democratic Party if nothing else.
“Rumors have been circulating in our community that with the unfortunate and untimely resignation of Gary Perea from the White Pine County Commission, his opponent Mr. Richard Howe will automatically be elected the next Commissioner for SEAT 4.
These rumors are false!” Reads the ad.
“Mr. Perea is still on the ballot. Under NRS 2931.??A withdrawal of candidacy for office must be in writing and must be presented by the candidate in person, within 7 days, excluding Saturdays, Sundays and holidays, after the last day for filing, to the officer whose duty it is to receive filings for candidacy for that office. If a candidate does not withdraw within the 7 days of filing for office, they remain on the ballot.
If Mr. Perea wins the election, and cannot accept the duties of the office, the office will be declared vacant under NRS 245.150 Certification of vacancy to Secretary of State. Within 10 days after a vacancy has occurred in any county office, by resignation or otherwise, the clerk of the board of county commissioners shall certify the fact of such vacancy to the Secretary of State.
The Governor will then appoint a new Commissioner of the same political party as Mr. Perea.”
Now with the apparent about face from Gaming Perea may well re-enter the race to win it.
However given the damage already done there are serious doubt whether Perea can win.
“If Gary really did not have to resign then Gaming owes him and the people of White Pine County an apology,” said a draft Perea movement organizer Dean Baker.
