Kenny ethics charge will go forward

Adrienne Packer

Tuesday, Jan. 30, 2001 | 10:49 a.m.

A two-person ethics review panel decided Monday to pursue one of five complaints launched against Clark County Commissioner Erin Kenny after an alleged Watergate-like scheme in August.

Nevada Ethics Commission Executive Director Polly Hamilton, who will take over the investigation, said state law gives the board 30 days to hold a hearing and render an opinion. Kenny, however, can request an additional 30 days.

The ethics complaint stems from an August meeting at Kenny's Rhodes Ranch home in which former county employee Gene Smith and county facilities employee Bradd Banaszak allege she asked them to break into the County Government Center to retrieve documents.

The focus of the ethics board's investigation will be on the alleged conversation about a break-in, Hamilton said. If the board determines Kenny violated the statute, the commissioner could face a fine of $5,000 and could ultimately be removed from office.

Kenny's attorney, Frank Cremen, said until the minutes of the review panel's meetings are made public, he can't comment on Monday's action.

"I was told they had decided to move ahead with regard to one alleged possible violation of the statute," Cremen said. "Beyond that, I can't comment."

Cremen said he has yet to ask for a 30-day extension.

"I'm glad they decided to go forward; the truth will come out," Smith said Monday. "They'll find out that Kenny's lying, and I'm telling the truth. I hope she gets the appropriate punishment."

Hamilton said the investigation would have moved forward unless the panel -- William Flangas of Las Vegas and Rick Hsu of Reno -- unanimously agreed to dismiss the allegations.

During the August meeting, Kenny sought damning information about fellow Commissioner Mary Kincaid to torpedo her chances for re-election, according to Smith's complaint. Kincaid faced Kenny's best friend, North Las Vegas City Councilwoman Stephanie Smith, in the September primary race.

Gene Smith and Banaszak contend Kenny was particularly interested in documents that would prove her suspicions that Facilities Manager Bill Barrett and his crew helped Kincaid move her flower shop on county time using county equipment.

The two claim Kenny promised the county would rehire Gene Smith, who was fired in 1998, and promote Banaszak if they could find the proper paperwork and convince facilities workers to come forward with information.

Gene Smith, Banaszak, Kenny and Service Employees International Union representative Maryanne Dawicki were present during the private August meeting.

After the two men filed their affidavits with the ethics commission, Kenny and Dawicki responded with their versions of the meeting. Both affidavits -- which offered similar accounts -- were submitted by Cremen.

Kenny and Dawicki said the meeting was called because Kenny was interested in hearing about facilities employees' concerns that some workers were receiving preferential treatment.

Their affidavits said Banaszak offered to retrieve payroll information proving their allegations and Kenny said she needed evidence of wrongdoing before bringing the matter before the board.

In his letter to ethics commission attorney Nancy Varnum, Cremen calls Gene Smith's allegation of the offer to regain his job in return for the government center break-in "ludicrous and ... the clear product of a twisted mind and personality."