Guinn defends his call for Augustine to resign

Wednesday, Dec. 8, 2004 | 9:44 a.m.

CARSON CITY -- Gov. Kenny Guinn Tuesday defended his call for Controller Kathy Augustine to resign after being found guilty by the state Ethics Commission and he said there need to be changes in the law governing political activity of state workers.

Guinn told reporters that the suggested resignation would have saved Augustine, state workers and the state of Nevada from going through the process -- and cost -- of impeachment.

"I certainly didn't jump the gun" in calling for her to quit, he said, adding that he had only the information from the ethics commission that Augustine had admitted to three counts of misconduct and agreed to pay a $15,000 fine.

Augustine was convicted by the Senate in the impeachment process of one count of misusing state equipment and she was censured. The Senate did not find her guilty of the other two charges of misusing state workers and the state computer.

Augustine said Monday she never had any intention of resigning if part of that resignation called for her to admit wrongdoing.

Gerald Gardner, chief of the criminal department in the state Attorney General's Office, said Augustine's attorney, John Arrascada, had suggested that so long as there were no criminal charges filed, the resignation of Augustine was an option.

Gardner said he never would have considered such an offer unless Augustine admitted to wrongdoing as part of the agreement.

Augustine said Monday that she had not known before hand that Arrascada had offered the solution. Since it was rejected before it was put to her, she said she did not know what she would have done, though afterwards she adamantly refused to resign.

Guinn also said he was surprised by the legal opinion from the legal staff of the Legislative Counsel Bureau that unclassified workers -- those who are appointed and not covered by civil service protection -- could do political work during hours of state employment or any other time, unless those activities are prohibited by another law.

The governor said he would support "clarification" of the law. He said it's all right for an employee to walk across the hall and file a campaign disclosure statement with the Secretary of State's Office.

"But they shouldn't be producing something and in many cases it could be 200 to 300 pages," Guinn said, adding that he would not ask his staff to do the campaign work. He said the "mass of people (politicians) do it themselves or pay somebody to do it in many cases."

Senate Majority Leader Bill Raggio, R-Reno, said he didn't read the legal opinion in the same way as the governor. He said he asked for clarification after former Deputy Controller Jim Wells testified that he was barred by law from doing campaign work on state time.

Raggio said he read the opinion to say the unclassified employee could perform some campaign activities.

The governor also suggested that state workers may need more protection in cases similar to this one. Former employees of Augustine testified she yelled and screamed at them for not getting their work done or making mistakes.

Guinn also said the Nevada Constitution talks only about the six constitutional officers being removed from office by impeachment. Talking about state legislators, Guinn said, "The laws are different for them than they are for us."

"My theory is that if you are going to make sense, it should be the same for all elective officials," said Guinn.

But Raggio said the laws for the legislators are the same as for the state elective officials. And he said there was a section in the law that sets up a procedure for removal of other state officials.

"I do know there is a law for removal of legislators," Raggio said.

One law says, "Any state officer, created by state law, shall be liable for impeachment for any misdemeanor in office." Another section says any person who holds office in the state can be removed for malfeasance or nonfeasance by a district judge after a court hearing.

Brenda Erdoes, chief of the legal division in the Legislative Counsel Bureau, said the Nevada Constitution provides that state officers can be impeached. And state officers also include legislators, she said.

Erdoes also said that each house has to decide if it wants to remove one of its members for malfeasance or other actions. Otherwise, the Assembly would be the judge of one of its members and the Senate would decide whether or not to remove a member who might be convicted of a crime or malfeasance.