Thursday, Nov. 13, 2003 | 11:26 a.m.
Clark County Commissioner Chip Maxfield can add another title to his name: chairman of the board, a post he gained because of federal charges against his predecessor.
Maxfield assumed the title Wednesday when the former chairwoman, Mary Kincaid-Chauncey, announced that she was resigning as first-among-equals on the seven-person board though she will remain a commissioner. Kincaid-Chauncey was indicted last week by federal prosecutors on multiple counts of conspiracy, wire fraud and extortion by a public officials.
"I have decided to resign temporarily as chairman of the county commission," she said Wednesday, reading from a prepared statement. "This was not an easy decision for me, but after prayerful consideration, I have determined that this is the best course of action for the county, for my colleagues and myself.
"I believe in our justice system and I know that I will be found innocent. The majority of the commission has also expressed to me their belief in my innocence. However, my colleagues are concerned about the effects of the bad publicity on the county.
"So until this case is resolved, out of respect for my constituents and my fellow commissioners, I am resigning as chairman of the county commission."
Kincaid-Chauncey will keep her seat on the commission. Her contention that her stepping aside as chairwoman was temporary was immediately called into question. The county commission's rules can be modified by a majority of the board, but they do not now have a provision for allowing her to return to the chairman's seat.
Indeed, her colleagues had warned that if she did not voluntarily step aside from the post, they would have voted to change the rules so that a majority of the commission could force her from the chairmanship, an option that they now do not have.
County spokesman Erik Pappa said Maxfield is now acting chairman, but the county has scheduled a vote at the commission's meeting Tuesday to make the switch permanent and to select a new vice chairman, a position that Maxfield held until Wednesday.
"If she wishes to be reappointed as chair, that would be up to the board," Pappa said.
Maxfield's term would expire in January 2005, Pappa said.
Maxfield did not return phone calls Wednesday, but released a three-sentence written statement through the county.
"I believe that Mary Kincaid-Chauncey made the right decision today, for the commission and for our community," he said. "I believe the commission must move forward together and deal with the pressing issues facing our county.
"I accept the responsibility of chairman and I will do my utmost to represent our community with dignity and respect."
None of the other commissioners commented Wednesday, nor did they attend Kincaid-Chauncey's news conference.
At the news conference, Kincaid-Chauncey's attorney Rick Wright said his client would not deal with any of the accusation made in the federal indictments. Among the accusations are charges that she accepted thousands of dollars under the table in exchange for votes that would help strip club owner Michael Galardi, arranged a visit to Galardi's Jaguars club with topless dancers and beer thrown in for her son, and took money to pay for an Olympic ski school outing for a grandson.
Kincaid-Chauncey is one of four commissioners from the 1998-2000 commission implicated in the strip club probe. Former Commissioners Lance Malone and Dario Herrera also have been indicted on the same or similar charges.
Former Commissioner Erin Kenny has agreed to plead guilty and cooperate with prosecutors, as has Galardi. All five of those targeted in the investigation, which earlier produced similar charges against San Diego city council members, potentially face years of jail time.
While commissioners including Maxfield have said they want to move past the indictments, they will potentially have at least several reminders of the charges in the coming weeks.
On Friday, a 9 a.m. meeting of the board will bring Galardi's representatives to the county building. The commission, meeting as the county's liquor and gaming licensing board, will have to decide whether to allow Galardi to transfer the license to operate Jaguars and Leopard Lounge, his two clubs, to his father, Jack Galardi, or to revoke the licenses altogether.
County insiders believe the mood of the majority of commissioners is to revoke the licenses completely.
Kincaid-Chauncey appears to many to have substantial conflict of interest issues involved in voting on anything affecting Galardi, but she said Wednesday that she does not know if she will abstain from the Friday vote.
Some commissioners also have expressed interest in returning to a contentious debate from last year on regulations governing lap dances, a process that ultimately ended with few real changes to the rules for lap dances.
Assistant District Attorney and county counsel Mary Miller has suggested that abstaining might be a good idea for Kincaid-Chauncey, and not only because Galardi has, according to the federal investigators, previously paid for Kincaid-Chauncey's support.
"I would have to advise her, just to avoid the appearance of impropriety, to abstain on this vote," Miller said. "You have to apply the reasonable man standard. A reasonable man would have a difficult time being objective when you have a potential witness against you up for a license."
At the news conference, Kincaid-Chauncey also referred to her political career. She was first elected to represent her North Las Vegas constituents on that city's council more than two decades ago.
"I intend to run for re-election," she said, a campaign that would include primaries next spring and a general election a year from now.
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