Nevada controller’s impeachment trial continues

Thursday, Dec. 2, 2004 | 7:21 a.m.

CARSON CITY, Nev. - Nevada Controller Kathy Augustine's former chief deputy, who quit after refusing to do campaign work for her, told senators conducting Augustine's impeachment trial that such work by others in her office on state time cut into office productivity.

Jim Wells, testifying in the second day of the trial that could cost Augustine her job, said in response to questions Thursday from Sen. Steven Horsford, D-Las Vegas, that "some inefficiencies" resulted in the office because of the 2002 campaign activity.

Responding to questions from Senate Majority Leader Bill Raggio, R-Reno, Wells also said that when Augustine asked him to do a campaign finance report, it was more of an "assignment" than a requested favor. He added he wasn't asked to do the work on state time.

After he refused, citing office and state policies, Wells said he was told Augustine wanted to fire him and conversations between them were "all but cut off" except for minimal office-related discussions.

The trial opened Monday with a special prosecutor saying her state employees, fearing for their jobs, turned the office into an illegal "campaign central" for her 2002 re-election bid.

Dan Greco said staffers on state time wrote campaign speeches, solicited donations in writing and over the phone, maintained contribution lists - and even asked donors to her opponent why they weren't helping her campaign.

"They did what they were told because they were afraid. They were afraid of losing their jobs. They were afraid of retaliation," Greco said.

John Arrascada and Dominic Gentile, two of six lawyers representing the two-term Republican controller at the trial - first of its sort in Nevada's 140-year history - argued removal from office was too severe a penalty given the offenses.

Impeachment and removal are "for the worst of the worst. It's the death penalty for an elected official," said Arrascada, adding that no public official anywhere in the nation had been ousted for the activity alleged by Greco.

Arrascada also said Augustine was targeted by "a conspiracy of former employees" who took their complaints to authorities. But he said a "mountain" of evidence they presented was "unsound and really a molehill."

The trial, which could take two to three weeks and include testimony from 50 witnesses, began after the Senate voted Monday to reject preliminary arguments that the charges were flawed and should be dismissed.

Initial witnesses Wednesday included Stacy Jennings, executive director of the state Ethics Commission which fined Augustine a record $15,000 for the campaign activity. Responding to Greco's questions, Jennings said the activity represented "the most egregious violations that I have seen." She also said that in her opinion Augustine should be ousted.

In agreeing previously to pay the $15,000 fine to the Ethics Commission, Augustine admitted to three counts that she should have known that her employees were working on her campaign during office hours; that the state's computer system was used for campaign record-keeping; and other office equipment was improperly used.

The controller has been temporarily removed from office until a conclusion of the Senate trial, but continues to draw her $80,000-a-year salary.

A two-thirds Senate vote would be required to remove Augustine from her job. If acquitted, she would return to her elected office for the two years remaining in her current term.