Feds may issue Perkins decision within days

Dan Kulin

Monday, Nov. 17, 2003 | 10:49 a.m.

State Assembly Speaker Richard Perkins' ability to run for re-election while remaining a Henderson deputy police chief will depend on whether federal authorities agree that federal funds play a minimal role in his work, the Henderson city attorney said.

City Attorney Shauna Hughes said the city is arguing that the Henderson Democrat's connection to federal funds is "diminimus," which means that his contact with federal funds is so minor that it is insignificant.

The U.S. Office of Special Counsel will probably decide soon whether it agrees with the city or still believes Perkins would be in violation of the Hatch Act if he decides to run again while still with the police department, Hughes said.

Hughes said a decision could come within days.

If the Office of Special Counsel sticks with its Sept. 30 written response to a citizen's complaint about Perkins' possible violation of the Hatch Act, then Perkins would have to choose between running for re-election or working for the city.

Lawyers with the Office of Special Counsel told the Sun they could not discuss specific cases.

In the Sept. 30 letter, the counsel's office said Perkins unknowingly violated the act when he ran for political office in the past and would knowingly be in violation of the act if he ran again. Henderson officials, including the mayor, have said they could not allow such a violation to happen. A Hatch Act violation would cost the city twice Perkins' annual salary in federal funds, federal officials said.

The Hatch Act, in effect since 1940, prohibits federal and some state and local employees from participating in partisan politics. State and local employees working in an executive branch of government that receives certain types of federal money are generally covered by the law. The act does not apply to teachers or other education employees.

In 2001 Henderson began working with Washington, D.C., law firm Akin Gump Strauss Hauer & Feld to address Hatch Act concerns regarding Perkins, Hughes said.

In an effort to insulate Perkins from federal funds, the police lieutenant who oversees grant programs was transferred from under Perkins' to the other deputy police chief. Also, the police chief instituted a policy of keeping Perkins out of any discussions or other involvement related to applications or administration of federal grants, Hughes said.

Hughes and the Washington law firm also developed a Hatch Act Compliance Program for the city, which has yet to be launched citywide. The city paid the firm about $36,100 between Jan. 1, 2001, and Sept. 30, 2003, for Hatch Act-related work. Perkins said he would pay for any subsequent Hatch Act-related legal bills, and he said he plans to review previous bills to see if he should reimburse the city for any of those expenses too.

Before the Office of Special Counsel, an independent federal agency, said Perkins would be in violation of the Hatch Act, Hughes said she was under the impression that there was no question whether the city had successfully handled any conflicts. Because of this there wasn't an urgency to get the compliance program introduced citywide, Hughes said.

But since the Sept. 30 federal warning, Hughes said now she's not entirely sure she is enough of an authority on the act yet.

"This is not something I wanted to rule out until I was comfortable with it," Hughes said. "This is going to require training. It's a big undertaking."

Hughes said Perkins is the only city employee thought to have an issue with the Hatch Act.

Henderson Constable Earl Mitchell is also a city police officer, but Hughes said she thinks the Hatch Act does not apply to Mitchell because the constable serves as an officer of the court and is a judicial position.

Mitchell has hired his own lawyer to find out for sure whether he is covered by the Hatch Act.

Since receiving the Sept. 30 letter from the Office of Special Counsel that said Perkins would violate the Hatch Act if he ran for Assembly again, the city's Washington law firm has met with the special counsel's office twice to discuss the situation.

"We're providing information specific to our programs and our grant programs to see if what we're doing is adequate or if we need to do more," Hughes said. But Hughes said the biggest factor in the case will be whether Perkins' connection to the federal funds is insignificant.

North Las Vegas is also making a "diminimus" argument in response to an inquiry from the special counsel's office on whether city firefighter and Assemblyman John Oceguera, D-Las Vegas, was affected by the Hatch Act.

The department has received federal grant funds for some training programs, and Oceguera said Friday that he hasn't heard from the special counsel's office for months.

Perkins did not return telephone messages seeking comment for this story.