Kenny challenged to take polygraph

Adrienne Packer

Tuesday, Nov. 21, 2000 | 11:16 a.m.

Angry that he is being labeled a liar, a former Clark County employee who lodged an ethics complaint against Commissioner Erin Kenny is challenging the board member to take a polygraph.

"I'll take a polygraph test anytime," said Gene Smith, whose complaint says Kenny asked him and two others to break into file cabinets and offices at the Government Center to find dirt on County Commissioner Mary Kincaid.

"If we both take a polygraph test right now, there won't be a need for an ethics investigation. She won't do that because she knows she's lying."

Smith said that during an Aug. 2 meeting at Kenny's home, the commissioner asked him, county employee Brad Banaszak and Service Employees International Union representative Maryanne Dawicki to find documents that showed employees moved Kincaid's flower shop on county time using county vehicles.

Kenny wanted the information to hurt Kincaid, who faced Kenny's friend North Las Vegas City Councilwoman Stephanie Smith in the Sept. 5 primary race, Gene Smith wrote in the complaint filed with the Nevada Ethics Commission Monday.

When told of the ethics complaint, Kincaid called the allegations "bizarre," but added that after her nasty race against Stephanie Smith, nothing surprises her. Stephanie Smith did not return phone messages Monday or today.

While Banaszak has confirmed Gene Smith's account, Dawicki did not return repeated phone messages.

Kenny, who could not be reached for comment today, has reportedly said Gene Smith made up the allegations and that she met with Gene Smith and Banaszak to discuss problems in the Clark County Facilities Division.

Gene Smith left the county in January 1998 after he pleaded no contest to petty theft charges that stemmed from his possession of a washer and dryer he said he purchased, but county officials said belonged to a county facility.

Gene Smith, who serviced air-conditioning systems for the county, said he and Banaszak believed they were invited to Kenny's house to discuss problems in the facilities division. The conversation, however, quickly turned to Kincaid.

A notarized affidavit that Gene Smith filed with the ethics board quotes a foul-mouthed Kenny in disbelief that Gene Smith and Banaszak couldn't pick a file cabinet lock.

Gene Smith mailed his complaint to the Ethics Commission. Saying he believes Kenny's behavior could be considered criminal, Gene Smith also sent a copy of his complaint to the state attorney general's office.

He said he bypassed local authorities because he suspects Kenny has influence over Metro Police and the district attorney's office.

Steve George, public information officer for the attorney general's office, said the complaint was forwarded to the ethics board because it does not involve a state official.

"If it was criminal, she's a Clark County commissioner, not a state officer, so it would be handled by Metro Police," George said. "It's not our call to step in. It's (the district attorney's office) saying we can't make a ruling on this without looking prejudiced."

Clark County District Attorney Stewart Bell balked at Gene Smith's belief that his office couldn't handle the case without prejudice. Bell suggested Gene Smith formed his opinion about his office based on his own experience.

"That's his opinion, and he has one that is jaundiced by the fact he was successfully prosecuted by this office," Bell said.

Bell listed several public officials who were investigated by the district attorney's office, most recently including Las Vegas City Councilman Michael McDonald and North Las Vegas City Councilman John Rhodes.

"We have a duty to perform, and we do it," Bell said.