State legislators face double-billing hearing

Sito Negron

Tuesday, Oct. 21, 2003 | 11:22 a.m.

Two members of the Assembly charged the county for work time -- and in a few cases for sick time -- while attending sessions of the Legislature earlier this year.

County senior management analyst and Assemblyman Kelvin Atkinson, D-Las Vegas, and county senior advocate and Assemblywoman Kathy McClain, D-Las Vegas, may be punished for double-billing taxpayers, officials said late Monday.

"We have completed the investigation, we have notified the employees in writing what our planned course of action is," County Manager Thom Reilly said. "They have the opportunity within three days to ... either rebut the allegations or address any concerns with discipline."

He would not say what disciplinary action the county took as a result of the "double-dipping," citing employee confidentiality rules. Reilly said county policy that allowed employees in the Legislature to take vacation or comp time while in session will be changed; in future sessions, county workers must take leave without pay in order to serve in the Legislature.

The county is the latest local jurisdiction to question the time employees who are state lawmakers reported working while the Legislature was in session. The city of Las Vegas is investigating time card claims of one current employee, Assemblymen Wendell Williams, D-Las Vegas, and one former employee, Assemblyman Morse Arberry, D-Las Vegas.

In addition, Assemblyman John Oceguera, D-Las Vegas, a North Las Vegas fire captain, said he received municipal pay while serving in the Legislature, but there is no indication that his pay involved similar issues as those in the city or county.

Another lawmaker who works for a local government, Assemblyman Richard Perkins, a Henderson Deputy Police Chief, has not returned repeated phone calls seeking comment about whether he got paid during the session.

At least one of the employees involved in the county inquiry questioned its assessment of his time reported.

Atkinson said he understood the scrutiny because of issues involved with city of Las Vegas time cards. "But I still don't think other employers need to overreact," he said. "At some point an employer needs to stand up and defend good employees."

McClain was not available for comment.

County records indicate McClain reported working on June 25 and 26, and July 21, when the Legislature was in session. She also took sick days July 16 and 17, but legislative records indicate she was present on those days.

Atkinson reported working May 10, 17 and 31, and July 16 and 21, according to county records. He claimed sick days July 17 and 18.

He said he worked the days noted on his time cards, flying to Las Vegas and working on Saturdays.

"I missed all my daughter's soccer games this spring because I worked Saturdays," Atkinson said.

As for the sick days on July 17 and 18, he said he really was sick. He said he was holed up in his hotel room, but "received calls from my leadership in the Assembly. They thought we'd vote on those two days." That was during the special session, when the tax issue needed to be resolved, he said. "If I had been without a limb I would have come in to vote those two days."

He said he has more than 700 hours of unused sick time and has "never abused sick time."

Reilly said that's not the point.

"I think the issue is that if he's too sick to work for the county, and he didn't turn back the pay from the state, he in essence is double-dipping," Reilly said. "Double-dipping is not allowed in prior policy, current policy or future policy."

Also, county policy bans employees from participating in partisan political activity while on the clock, a rule that includes serving in the Legislature. Sick time is included in that policy since the employee is being paid, Reilly said.

He said that Atkinson and McClain would have a chance to make their arguments at a hearing Friday. Until then, he said, it's premature to discuss whether the county would seek to be paid back for the disputed hours.

Atkinson earns $67,358 a year, while McClain earns $69,501. Both employees are hourly, and fall under the civil service system. That is a different situation than at Las Vegas City Hall, where Williams and Arberry were salaried employees.