County suggests two legislator/employees be fired

Sito Negron

Wednesday, Oct. 22, 2003 | 11:12 a.m.

Two Clark County employees who collected sick pay for days when they were also collecting salaries as state legislators should be fired, county management has recommended.

Sources close to the investigation say Kathy McClain and Kelvin Atkinson, two assemblymen who work for the county's Parks and Community Services Department, said termination will be the subject of Friday's disciplinary hearings for the two.

After the Sun requested time cards for the two, the county launched an investigation and then sent letters to Atkinson and McClain notifying them of the disciplinary action being taken against them, County Manager Thom Reilly said.

He would not say what disciplinary action the county took as a result of "double-dipping," citing employee confidentiality rules.

But Reilly said the county policy toward working one job while billing the county for pay or benefits is consistent.

"There is a precedent at the county for termination," he said. "I think everything has to be looked at in totality, but when an individual has worked another job, and billed the county, those individuals have been terminated."

The issue has not come up before because in previous years, McClain has taken unpaid leave during the session, and this was Atkinson's first session, Reilly said.

"We really haven't had a lot of county employees working in the Legislature."

Reilly said county policy that allowed employees to take vacation or comp time during the legislative session will be changed; in future sessions, county workers must take leave without pay to serve in the Legislature.

Atkinson, a county senior management analyst, could not be reached for comment about the termination recommendation, but he had previously said he was hoping that the county would not "overreact."

McClain was not available for comment.

Raymond Visconti, the county's human resources director, agreed that in the past, termination has been the result of employees charging the county when working other jobs.

"It has happened infrequently," he said. "It's not a regular occurrence."

The role that an employee plays outside the county's offices does not come into play, Visconti said.

"I think that county policies, procedures and directives apply to everyone," he said.

According to county employees' labor contract: A union employee who is recommended for termination is placed on administrative leave with pay until his department head makes the determination that he should, in fact, be fired. At that point, he loses pay and stops accruing benefits.

Atkinson and McClain are scheduled to meet with their department head Friday, the first step in potentially a three-part process. During that meeting, the employees can bring forward mitigating factors.

The department head then has five working days to make a determination on disciplinary action. If a recommendation for termination is upheld, the employee can appeal to human resources -- in this case, to Visconti. Again, the employee has the opportunity to present their case.

If a termination recommendation is again upheld, the employee can appeal to a federal arbitrator. Under the terms of the county's collective bargaining agreement with the Service Employees International Union, the decision of that arbitrator is final and binding on both sides.

Throughout the process, union-eligible employees can be represented by union officials. Both Atkinson and McClain are union-eligible.

Union officials said they could not discuss the cases in detail. Ty Weinert, an SEIU spokeswoman, said union representatives have met with both Atkinson and McClain, but Weinert said the union would have no further comment because it is a confidential personnel issue.

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.

As for the sick days on July 17 and 18, he said he really was sick. He said the Assembly leadership successfully pleaded with him to come to the Assembly building on those days because crucial votes were expected.

He said he has "never abused sick time."

Reilly said the issue is: If he was too sick to work for the county, and he didn't turn back the pay from the state, he was double-dipping into the public coffers, and that's not allowed.

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.

Atkinson earns $67,358 a year, while McClain earns $69,501. Both employees are hourly and fall under the civil service system.