Complaint: Kenny sought break-in

Adrienne Packer

Monday, Nov. 20, 2000 | 11:26 a.m.

A former Clark County employee claims Commissioner Erin Kenny was so determined to unseat colleague Mary Kincaid that she asked him and two others to break into the Government Center in search of damning documents.

In an ethics complaint reminiscent of Watergate, a copy of which was obtained by the Sun, Gene Smith wrote that Kenny was seeking paperwork that proved county employees helped Kincaid move her flower shop on county time using government vehicles.

Smith said he mailed his complaint to the Nevada Ethics Commission last Thursday and faxed a copy of it to the commission today.

"I have heard nothing from the Ethics Commission," Kenny said today. "I'm really saddened that there would be a story done before the Ethics Commission has a chance to hear it or before I've even seen it."

Smith claims that during a meeting Aug. 2 at Kenny's house the commissioner asked him, employee Brad Banaszak and Service Employees International Union representative Maryanne Dawicki to break into locked offices and file cabinets to find the documents.

Smith said Kenny wanted the information so that her friend North Las Vegas City Councilwoman Stephanie Smith would beat Kincaid in the primary election.

Banaszak confirmed today that he was at the August meeting with Smith, Dawicki and Kenny, but he declined to discuss any details. Dawicki could not be reached for comment.

Smith said he filed an ethics complaint instead of taking his information to Metro Police because he believes Kenny has influence over local authorities.

Kenny, a two-term commissioner, also told the trio the best time to slip past security at the Government Center was at night and offered help in obtaining a security card that could not be traced, Gene Smith's complaint says.

In return Gene Smith, who maintained air-conditioners in county buildings, claims that Kenny told him she would get him rehired at the county and would make sure Banaszak was promoted to a supervisor position.

Gene Smith was fired from the county in January 1998 for having in his home a washer and dryer from a county facility that he says he bought from the county.

In his affidavit, Gene Smith wrote that he, Banaszak and other employees of the county facilities division had campaigned for Kincaid on county time under orders from facilities manager Bill Barrett, who is a friend with Kincaid.

Gene Smith claims Kenny said if fellow employees were willing to talk publicly about campaigning for Kincaid on county time, she would protect them from Barrett if he tried to retaliate.

"Kenny said we need to hurry because the election is getting closer, and this would ruin Kincaid (sic) chances for re-election," Gene Smith wrote in his affidavit notarized Nov. 13. "Stephanie (Smith) would win, and they could both take care of us and they would be able to get everything passed on the commission because they would always have control of the votes."

When told Sunday of Kenny's strategy outlined by Gene Smith in the ethics complaint, Kincaid said she was dumbfounded.

"It's bizarre," Kincaid said. "I don't really have any comment. As far as I'm concerned, it will play out, and they'll get the evidence and find her guilty or they won't."

Kincaid said she was aware that Stephanie Smith's camp was trying to dig up information on the flower shop move. Kincaid said her shop was moved on a Sunday and while friends who are county employees helped, it was not done on county time or with county vehicles.

Kincaid said she is also unaware that employees were asked to work on her campaign during work hours.

Stephanie Smith could not be reached for comment this morning.

Gene Smith and Banaszak refused to break into offices or computers, but they did convince employees in the facilities division to discuss their involvement with Kincaid's campaign on county time, Gene Smith said. During the campaign some of the employees were interviewed on a television news show about their involvement.

Saying he was bothered by Kenny's request and that she didn't follow through with her promise to protect employees, Gene Smith decided to file the ethics complaint.

Gene Smith said he and Banaszak believed they were invited to Kenny's home because she was interested in their concerns about employee behavior in the facilities division. But after discussing problems about the division, Kenny launched into her plan to discredit Kincaid, Gene Smith said.

"I couldn't believe what I was hearing, to be honest," Gene Smith said. "She wanted Kincaid bad. She was on a tangent."

Kenny today declined to discuss whether a meeting was held at her home.

Kenny's involvement in Stephanie Smith's effort to defeat Kincaid is well known. She worked with local unions to dig up dirt on Kincaid and promote Stephanie Smith with "get out and vote" rallies for union members.

Kincaid upset the union when she voted against an ordinance that prohibited the nonorganized Wal-Mart from opening its traditional Supercenter, which included a grocery store that would have competed with unionized local stores. Kincaid also angered Kenny when she voted against a $90 million bond issue that would have made way for Southern Nevada's first free-standing children's hospital.

Since Kincaid's narrow victory over Stephanie Smith and her landslide win over Republican Glen Easter in the general election, Kincaid and Kenny have patched up their relationship.

"As far as I'm concerned all that stuff is over," Kincaid said Sunday. "I want to get on with county business and get past all that."