Brett A. Wagner was appointed Nye County manager at the Board of County Commissioners’ Jan. 6 joint meeting in Tonopah and Pahrump, winning a 4‑1 vote after public comment both supporting and opposing his selection. The board amended and approved an employment agreement for Wagner that includes an annual merit increase provision and a board amendment to cap the automatic annual increases after five years.

The board approved a memorandum of understanding (MOU) with the 5th Judicial District Court to transfer a group of court‑clerk positions to the judicial branch. County attorneys said the transfer responds to Nevada Supreme Court precedent recognizing the court’s authority to manage core court personnel; the MOU includes language intended to preserve county cooperation during elections and to clarify budget responsibilities. Commissioners debated collective‑bargaining implications for affected employees before voting to accept the MOU.

The board also appointed Michael Foley to serve as a substitute justice of the peace for up to 30 days while the sitting justice’s absence continues. Foley told the board he has served as a pro tem since 2007 and said he has handled roughly 1,000 cases in that role. Commissioners discussed whether a more experienced or an internal candidate should be chosen; the board ultimately selected Foley.

Landfill financing and proposed increases to solid‑waste fees drew sustained public comment and extended discussion. Public works and solid‑waste staff described rising operating costs, planned capital purchases (including scales and heavy equipment) and a projected shortfall in the landfill fund; staff proposed a modest increase in the annual residential fee (from $30 to $35) and other fee adjustments. Several residents urged the board to pursue alternatives, including stronger anti‑dumping enforcement, county‑BLM partnerships, extended landfill hours for contractors and use of federal or state grants. Commissioners declined to adopt the fee schedule at this meeting and directed staff to return with additional detail and analysis at the first February meeting.

Other actions taken or approved at the meeting included a licensing approval for a beer‑and‑wine permit for a Pahrump restaurant; the award of a records‑preservation contract to Cofile Technologies for $416,481.27; a reimbursable agreement with the U.S. Department of Energy for law‑enforcement support at the Nevada National Security Site (approx. $1,076,310.40); the transfer of K‑9 “Lotus” to a deputy because of the dog’s medical condition; multiple committee and advisory‑board appointments; and a series of organizational elections for chairs and vice chairs of county boards. Public safety, senior‑center parking problems in Tonopah and several community service items also drew public comment.

Votes at a glance (key outcomes)
- Appointment of county manager (Item 19): Brett A. Wagner appointed; employment agreement amended to cap the annual 5.25% increase after five years — outcome: approved (4 yes, 1 no).
- Court clerk MOU (Item 23): Approved — outcome: approved unanimously (5‑0); MOU transfers six court‑clerk positions to the 5th Judicial District Court and includes cooperation language for election support and normal budgetary processes.
- Substitute Justice of the Peace (Item 20): Michael Foley appointed pro tem for up to 30 days — outcome: approved (5‑0).
- Solid waste fee schedule (Item 29): Staff proposal discussed; board directed staff to return with further financial detail and analysis and continued the matter to the first February meeting for further consideration.
- Records preservation bid (Item 24): Awarded to Cofile Technologies, Inc., for $416,481.27 — outcome: approved (5‑0) and funded from Recorder Technology Fund.
- DOE cooperative agreement (Item 25): Reimbursable agreement for law‑enforcement support at the Nevada National Security Site, $1,076,310.40 — outcome: approved (5‑0); funds to be routed to grants fund (10340).
- K‑9 transfer (Item 26): Canine Lotus declared surplus to public use due to medical issues and transferred to Deputy Wesley Beard — outcome: approved (5‑0).
- Beer & wine license (Item 14): Beer‑and‑wine license approved for Max’s East Coast Pizza (DBA Mia Ava East Coast Pizza) — outcome: approved (vote recorded, unanimous).
- Multiple boards/committees: The board confirmed appointments to advisory committees (OHV Park Advisory Committee, Public Lands Advisory Committee, Veterans Memorial Advisory Committee, Beatty Library District, Round Mountain Town Board, and others) and elected chairs/vice chairs for the Board of County Commissioners and related boards; votes recorded and motions carried as part of the organizational agenda.

What happened on the biggest items
County manager: The board considered public testimony both in favor of and opposed to hiring Wagner. Supporters cited Wagner’s local experience, continuity and subject‑matter knowledge; opponents criticized the hiring process as insufficiently open and raised concerns about perceived conflicts of interest. After public comment and commissioner discussion the board approved Wagner’s appointment and an amended employment agreement that limits automatic annual base increases to a five‑year cap.

Court clerk MOU: The district court and the county presented the MOU as an effort to clarify supervisory responsibility for positions that the court considers core to its function. County counsel told the board that similar transfers have occurred in other Nevada jurisdictions and said the MOU attempts to set expectations for budgetary responsibility and to maintain election‑season cooperation so county election duties can be supported when necessary. Commissioners pressed staff on collective‑bargaining implications, compendium counts and how vacancies will be handled; counsel for the court and the DA’s office said the MOU anticipates posting and hiring processes and retained that ultimately employees may choose whether to accept transfers.

Substitute justice of the peace (30‑day appointment): The board discussed the statutory limitation that a substitute appointment under NRS must be renewed every 30 days and heard multiple public commenters urging either Michael Foley or another candidate. Foley described his experience as a pro tem since 2007 and his willingness to continue required judicial training; the board appointed Foley for the 30‑day term.

Solid waste and landfill financing: Staff said landfill operating costs and capital needs (equipment, compliance work and scales required by Nevada Department of Environmental Protection) are driving a multi‑year shortfall in the landfill fund. Staff proposed modest rate increases and new load fees; residents urged more enforcement against illegal dumping, longer landfill hours for contractors, pursuit of grant funding and exploration of new disposal sites. Commissioners asked staff for more detailed budget analysis, a clear breakdown of cost drivers and options before adopting a fee change and continued the item to the February meeting.

Public comments and local concerns: Residents from Tonopah urged the board to repair the senior‑center parking lot after several falls were reported; Public Works said materials were en route and repairs planned. Members of the Duckwater Shoshone Tribe thanked the board for funding to support travel to their community and invited commissioners to a fall ribbon‑cutting for a new community center. Other public comments covered enforcement against illegal dumping, landfill hours, and a request to protect volunteer engagement and transparency.

Context and next steps
- The MOU with the 5th Judicial District Court and appointment of a pro tem JP respond to immediate court‑operation needs; the MOU may be subject to future discussions if affected employees pursue employment‑rights claims. The board asked staff to return with additional detail on budgeting and personnel impacts.
- Solid‑waste fee changes were not adopted; staff will return with detailed analysis of the landfill fund, capital needs, and alternative revenue or cost‑control options for the Feb. 2025 meeting.
- The board’s decision to appoint a county manager moves a longtime department head into the countywide administrative role; commissioners asked for continued countywide engagement and for the manager to travel to outlying communities.

Who said what (selected speakers)
- Brett A. Wagner, nominee — Planning director (candidate for county manager).
- Lorena Dillinger — Assistant County Manager (interim leader noted during public comment and commissioners’ thanks).
- Michael Foley — Longtime pro tem judge; appointed substitute justice of the peace for 30 days.
- Eric Murphy — Member of local public safety community; candidate considered for substitute JP.
- Corey Friedhoff — Nye County Clerk (administered oaths during swearing‑in portion of meeting).
- Don Sligar — Chief Deputy Recorder (spoke about records preservation needs).
- Honey Strozzi — Purchasing (presented records bid background).
- Sheriff Joe McGill — Nye County Sheriff (present for K‑9 transfer item).
- Karen Waldman, Jackie Winters and other residents — Public commenters on senior‑center parking, landfill issues and staffing concerns.

Documents and authorities referenced
- NRS 4.340 (panel of substitute justices of the peace) referenced during JP appointment discussion.
- NRS 281A.420 (ethics disclosure statute) — disclosed conflict referenced by one commissioner prior to a personnel vote.
- NRS 288 (collective bargaining statutes) — discussed at length in relation to the court MOU; county and court counsel gave differing practical explanations about past practice and jurisdictional application.
- Nye County Code Title 8, Chapter 24 (Solid Waste Management) — fee schedule and code sections were identified in agenda item 29.

Ending note
The board’s agenda mixed routine organizational business with several higher‑stakes policy decisions. The court MOU and the county‑manager appointment were approved; the proposed solid‑waste fees were tabled for more analysis. Commissioners directed staff to return with additional budgetary detail, personnel counts and impact assessments on items that could affect employees’ status or county revenues. The board set follow‑up items for the first county meeting in February 2025.