Harassment suit against Augustine being dismissed

Tuesday, Dec. 7, 2004 | 9:27 a.m.

CARSON CITY -- A sexual harassment lawsuit filed against state Controller Kathy Augustine by her former chief deputy is being dismissed on a legal technicality, a Reno lawyer said.

Mark Mausert, attorney for Art Ingram, on Monday confirmed a statement by Augustine that both sides have agreed to dismiss the lawsuit in which Ingram claimed the controller was "sexually stalking" him.

"The dismissal has nothing to do with the merits or the truth" of the allegations, Mausert said.

Mausert said an "obscure" section of the 1964 federal law excludes state elected officials from being sued for sexual harassment by their personal staff.

"Title VII does not apply to elected officials," he said.

Mausert said he should have discovered the exclusion before he filed the lawsuit but he didn't. It was found by a researcher for Augustine's lawyer, David Grundy of Reno. Grundy was hired by the state attorney general's office to represent Augustine in the civil lawsuit.

The attorney general's office conducted the investigation into allegations that Augustine misused her office.

The dismissal papers are waiting for the signature of a federal judge in Reno.

Augustine, subject of a four-day impeachment trial, returned to her office Monday, saying she has been flooded with calls congratulating her on the outcome of the proceeding.

The Senate agreed to censure Augustine for misuse of state equipment such as phones and faxes in her 2002 re-election campaign. Augustine was suspended with pay when the charge was made by the Assembly and is now back to work full time.

Augustine was sued in federal court by Ingram on June 18. She denied all of his allegations. He said when he opposed her "sexually inappropriate conduct," she displayed "outright hostility" to him.

Mausert said that while there is a possibility of a lawsuit in state court against Augustine, he has not talked with his client about it. Ingram was called to active duty in the Army this year and he is now stationed in Germany.

Ingram maintains that he would have been fired if he had not been called to active military duty.