Sick leave delays suspension of county worker

Jeff Schweers

Monday, Jan. 12, 1998 | 10:44 a.m.

The suspension of a Clark County employee convicted of stealing a county washer and dryer was postponed until he returned from sick leave.

County administrators had planned to suspend air conditioning mechanic Eugene Smith last week after he had pleaded no contest to stealing a $750 washer and dryer. But when Smith called in sick they could not hand him his official termination papers.

"We've notified him of nothing because he hasn't been here," General Services Director Earl Hawkes said. "We can't do anything until he shows up."

Legally, an employee cannot be suspended while on leave. County rules say he has to be on the job so that administrators can hand him an official notice of termination outlining his rights to an administration hearing, Hawkes said.

"At that time he's allowed to be represented by union representation," Hawkes said.

If the hearing officer reverses the firing, Hawkes said, "he returns to his job and the matter is closed."

The county has no policy on the firing of employees who are convicted of crimes. But Hawkes said the county will "take the strongest disciplinary action possible" against workers who steal from the county.

Last year, another county maintenance worker, was fired for installing a stolen air conditioning unit on a private residence.

At that time, a grand jury indicted Smith on felony theft charges. Smith had pleaded innocent, offering evidence that Herda's Appliance owner Nick Herda had given Smith the washer and dryer after writing them off as damaged goods.

But after spending $12,000 in legal fees and filing for bankruptcy, Smith decided to accept the district attorney's plea bargain to the lesser single count of misdemeanor petty theft.

Deputy District Attorney Valerie Adair said she offered Smith the reduced single charge because she felt the evidence against Smith wasn't strong enough to prove his guilt beyond a reasonable doubt.

She also said Herda's claimed the washer and dryer were a gift to Smith.