Attorney seeks clarification of Kenny charges

Adrienne Packer

Friday, Feb. 16, 2001 | 11:14 a.m.

Attorney Frank Cremen appeared before the Nevada Ethics Commission on Thursday prepared to schedule a hearing date when he will have a chance to defend his client, Clark County Commissioner Erin Kenny.

Cremen's primary concern, however, is that he doesn't know how to defend Kenny because he isn't exactly sure what she is being accused of doing.

A two-member ethics review panel ruled last month that the full board should determine whether Kenny violated a section of the state ethics code that prohibits elected officials from using their position to seek or accept favors.

Kenny's hearing has been scheduled for April 19.

On Wednesday Cremen asked the ethics board to clarify which allegation is being pursued, but chairman Peter Bernhard said the full commission is not privy to information considered by the review panel. Review panel members cannot assist because they have already passed the case to the board.

"All I'm saying is take a look at the minutes (of the review panel meetings), put it in writing and tell me what it is because I'm here left guessing," Cremen said.

"It would be nice to have the allegations specified, otherwise I'm looking for the pea under the shell. I have to be prepared for all three shells."

The investigation stems from an ethics complaint filed in November by former county employee Gene Smith.

Smith alleges Kenny during a meeting at her house tried to convince him and county worker Bradd Banaszak to break into the County Government Center to retrieve documents that would kill County Commissioner Mary Kincaid's chances of being re-elected.

Kenny allegedly told Smith and Banaszak she believed county facilities chief Bill Barrett helped Kincaid move her flower shop and campaign on county time using county equipment.

At the time of the August meeting at Kenny's home, Kincaid was engaged in a tight primary race with Kenny's close friend, North Las Vegas City Councilwoman Stephanie Smith.

Gene Smith also alleges Kenny offered to reward Banaszak and him by securing a promotion for Banaszak and getting Smith, who was fired in 1998, his job back.

Whether the review panel believes Kenny might have violated the statute by allegedly asking the men to break into the county building to retrieve documents or by offering them rewards for favors is unclear.

"I'm not being critical of (the ethics commission), but it would be nice to have something concrete in front of me saying, 'Look, they think this might be a violation.' "

Cremen said he was surprised the review panel recommended the full board pursue the complaint after he read a memo from the commission's executive director, Polly Hamilton. According to Cremen, Hamilton's memo said she could find no violations in the affidavit written by Gene Smith.

Cremen also asked the ethics commission to hear Kenny's case during a special session in March. He said Kenny, who is enrolled in law school, hoped to have the ethics charge behind her before she took her final exams in April. The proposal was denied.