Kenny cleared in ethics hearing

Adrienne Packer

Friday, April 20, 2001 | 10:50 a.m.

In the minds of three state ethics commissioners, conflicting testimony Thursday led to one question: What was Clark County Commissioner Erin Kenny's intent when she sought evidence damaging to a county division and a colleague?

They tossed aside the argument that Kenny's motives were purely political and agreed she simply was trying to clean up a notoriously troubled county facilities division.

Kenny, by a 3-1 vote, was cleared of allegations that during a private meeting at her home in August she directed former county employee Gene Smith and current worker Bradd Banaszak to break into the County Government Center.

"I'm pleased; I'm very excited," Kenny said Thursday after the five-hour hearing that included testimony from 11 witnesses.

While the three ethics commissioners pondered their question, the fourth panel member -- Jim Kosinski -- mulled over his own, more pointed question: Who lied?

Kenny's testimony, backed by Service Employees International Union field representative Maryanne Dawicki, sharply conflicted with lengthy testimony offered by Banaszak and Smith.

Smith, who filed the complaint in November, and Banaszak claim that during their meeting with Kenny little time was spent discussing corruption in the facilities division or problems with facilities chief Bill Barrett.

They said Kenny was obsessed with finding documents proving Barrett and his crew worked on fellow Commissioner Mary Kincaid-Chauncey's campaign on county time using government equipment. Her goal, the men said, was to derail Kincaid-Chauncey, who faced her friend Stephanie Smith in the primary race.

In exchange for obtaining documents, which included overtime sheets and work cards, Banaszak and Smith said Kenny promised Smith his job back and told Banaszak she would work out a promotion for him.

Ethics commission chairman Peter Bernhard and board members Skip Avansino and Todd Russell believed Kenny's account of the August meeting -- that documents were needed to get rid of Barrett and clean up the department.

Kosinski had a different take. He said divergent testimony between the Kenny-Dawicki story and the Banaszak-Smith account prompted him to wonder who had more to lose by telling the truth.

"Two of them are telling less than the truth," Kosinski said. "If the commissioner had made the offer alleged, not only would she be in danger of losing her office but also could face charges of criminal conspiracy.

"The same comments could be made for Maryanne Dawicki."

Kosinski questioned why, of all county officials, Smith and Banaszak would go after Kenny if they sought revenge against the facilities division or the county. Kenny brushed off Kosinski's assessment after the final ruling.

"It was a different opinion," she said. "I guess three felt differently and that was the majority, and that makes me very happy."

Bernhard tip-toed around the idea that Kenny's motive truly might have been political. He questioned whether Kenny had the good of the county at heart or knew the information would hurt Kincaid-Chauncey.

He asked Kenny about the timing of the private meeting with Gene Smith and Banaszak -- Aug. 2, one month before the primary election -- but Kenny said she couldn't recall the date of the primary election.

"Is a political motive also unethical?" Bernhard asked hypothetically, adding that the statute doesn't include a code with such language.

Kenny's attorney, Frank Cremen, grilled Gene Smith, who filed the complaint in November, and Banaszak. He tried to discredit Smith, who was fired from the county in 1998 after government-owned appliances were found in his home. Though Smith says he purchased the washer and dryer, he pleaded no contest to petty theft.

"That's a part of my life, and I have to live with it," Gene Smith said. "I don't have a vendetta against the county. I just want the truth."

Gene Smith and Banaszak were invited to Kenny's home by Dawicki -- both sides agreed on that fact. The stories drifted after that point.

Banaszak said he was told Kenny wanted to talk to the men responsible for a videotape of Barrett campaigning for Kincaid-Chauncey while on duty and in his county vehicle.

Dawicki said the meeting was called to discuss problems in the facilities division. She heard concerns that Barrett's crew -- called Billy's Boys -- were being paid overtime for work never done, receiving preferential treatment and campaigning for several elected officials while on duty.

In an attempt to capture Barrett in the act of breaking county policy Gene Smith and Banaszak filmed him. Dawicki admitted she too was involved with videotaping Barrett outside Kincaid-Chauncey's election office.

"Our interest was if the public knew the tie between Kincaid and Barrett she would no longer publicly protect him, so he wouldn't be protected," Dawicki said when asked why the union was filming a commissioners' headquarters.

Dawicki was assisted in her testimony by Commissioner Russell, who asked her to confirm statements in her affidavit and Avansino, who offered leading questions favorable to Kenny. Dawicki maintained Kenny never discussed a break-in during the private meeting.

Smith and Banaszak claim the evening's conversations were dominated by talk of the break-in and rumors that Barrett also helped Kincaid-Chauncey move her flower shop.

On the way home from Kenny's house, Banaszak and Smith said Dawicki couldn't stop mulling over ways to get into the Government Center. Dawicki, however, said she had to stop the two men from planning a break-in.

"I was concerned Bradd was giving thought to breaking in," Dawicki said. "I said no one is breaking into anything."

Aside from his claims that Kenny was obsessed with the Kincaid-Chauncey-Smith race, Gene Smith said Kenny used obscenities to describe County Manager Dale Askew and Assistant County Manager Mike Alastuey. Kenny didn't deny that allegation.

"I do use salty language sometimes and have been accused of having a bawdy sense of humor," said Kenny, who also conceded that she has problems with the two administrators.

Most commissioners said they did not have enough evidence to prove Kenny pushed for a break-in and believed Kenny offered Banaszak a promotion and Smith his job back because she felt they were treated unfairly by Barrett.

Kosinski disagreed with his colleagues' argument that Kenny's alleged offer to the men should be dismissed because as a commissioner Kenny doesn't have the authority to offer such job advancements.

"The fact that the commissioner might not have had the power to provide jobs or promotions isn't relative," he said. "The issue is whether they believed she had the power."