Wednesday, April 18, 2001 | 10:55 a.m.
The ethics case that spawned a series of other complaints against Clark County officials is expected to be resolved Thursday, when Clark County Commissioner Erin Kenny appears before the state Ethics Commission.
The hearing will mark the first time Kenny has faced her accuser since former county facilities worker Gene Smith filed the complaint in November.
In a case many have labeled "he-said, she-said," only four people know exactly what happened during a private August meeting at Kenny's home: Kenny, Smith, facilities worker Bradd Banaszak and union representative Maryanne Dawicki.
Kenny said she called the meeting to listen to concerns Smith and Banaszak had about facilities chief Bill Barrett, who has since retired.
But Smith claims the conversation quickly turned from Barrett to Kenny's fellow board member Mary Kincaid-Chauncey, who at the time was in a tight primary race with Kenny's close friend, North Las Vegas City Councilwoman Stephanie Smith.
Gene Smith said Kenny urged Banaszak and him to break into the County Government Center's computer systems to find documents supporting her hunch that Kincaid-Chauncey used government equipment and workers to campaign and to move her flower shop business.
"Commissioner Kenny then said the best time to go into the government center was late at night because the security is ... easy to get around," Gene Smith wrote in his affidavit. "Then there was discussion about who (sic) card reader to use on the lock."
In his affidavit, Gene Smith quotes Kenny using obscenities to describe her fellow commissioner, Kincaid-Chauncey.
Gene Smith and Banaszak said Kenny told them she would get Gene Smith his job back at the county and get Banaszak promoted if they helped her get the information.
Kenny has strongly denied that she ever encouraged the two men to break into the government center. Her affidavit says Banaszak brought up the flower shop move and other incidents of wrongdoing in the facilities division. Kenny said she simply asked him to request copies of payroll records as proof.
"In discussing these matters with Banaszak, we discussed our need for proof of allegations if any formal action was to be taken," Kenny's affidavit says. "We would need the employees involved or other employees with direct knowledge to come forward."
Kenny's attorney, Frank Cremen, filed a motion last week to dismiss the case, saying it is unclear how the commissioner violated an ethics code that prohibits elected officials from using their positions to seek or accept favors.
Gene Smith, 43, said if the case is not dismissed he believes the focal point of the defense will be on his firing in 1998. He was dismissed after he was caught with a county-owned washer and dryer in his home. He says he has receipts proving he purchased the appliances.
Witnesses expected to be called by Kenny's side include administrators who were involved in Gene Smith's firing but had no knowledge of the meeting at Kenny's house.
"I see the writing on the wall," Gene Smith said after learning of the witness list. "I don't think this will be a trial against Erin Kenny. I think this will be a trial against me."
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