To the Editor:

An article in the Dec. 16 Herald/Review depicted the conflicting statements surrounding the possible purchase of a vehicle for former city manager, Rob Yandow, with Racketeer Influenced and Corrupt Organizations Act funds. The mayor and city manger stated emphatically that he did get a car and Police Chief Jim Elkins said he did not. The county attorney, Ed Rheinheimer, said that if it occurred it was an inappropriate use of RICO funds. He may order an audit of Bisbee city records.

This is not inconsequential, because misuse of RICO funds is serious and can lead to criminal prosecution. And it bears on the current problems of the City Manager Steve Pauken trying to finagle a new Ford Expedition SUV for himself with the apparent help of Police Chief Elkins. If they can show a precedent, then their efforts would be legitimate. If no precedent, they would be trying to pull a fast one on taxpayers.

Unfortunately, in her article, reporter Shar Porier didn’t delve deep enough. She would have found an effort to absolve Police Chief Elkins and City Manager Pauken of trying to obtain a vehicle for Pauken using RICO funds, by shifting the blame to the county attorney.

A quote in the paper in response to a question about use of RICO funds to purchase a vehicle for the city manager unfortunately was left unfinished. It should have read “… The County Attorney’s Office has concluded that this is not a RICO-eligible expenditure, but even though they were asked to render an opinion, they did not do so until well after the expenditure was made. Opinions from the county attorney cannot be rushed, under their workload they have to render them when they can.”

The county attorney was not even asked to give an opinion until well after the public controversy began.

In a letter to the county attorney dated Oct. 9, Police Chief Elkins sought an opinion about purchasing a vehicle for the city manager using RICO funds. This letter was three months after a city council decision to buy nine police SUV’s using RICO funds, and one month after the city manager announced that one of the vehicle would be his. In a prompt response, Deputy County Attorney Doyle Johnstun responded on Oct. 22 to chief Elkins and denied his request to use RICO money for a city manager vehicle.

It clearly is a reprehensible attempt by City Manager Pauken and Police Chief Elkins to make it seem as if they had asked for a decision and the county attorney was unresponsive for a long period of time. The county attorney is being made a fall guy for their manipulations.

Fred Miller

Bisbee