Controller Augustine does not intend to resign

Tuesday, July 6, 2004 | 11:04 a.m.

CARSON CITY -- State Controller Kathy Augustine said again today she would not resign over allegations that she misused her office, with employees working on her last re-election.

"I'm going to take the ethics hit," she said, expecting a complaint to be filed to the state Ethics Commission.

She confirmed that today is the deadline for her to answer complaints from Attorney General Brian Sandoval, a fellow Republican.

Augustine has been under investigation for allegedly having a state worker do campaign work for her while being paid by the state. Government sources say Sandoval has suggested she resign or face ethics charges.

"I have no intention of resigning," said Augustine, now in her second term.

Augustine said her lawyer is drafting a response to Sandoval.

A former state legislator, Augustine said this was the first time she has ever been brought up on ethics charges.

Nevada law says "a public officer or employee shall not use governmental time, property, equipment or other facility to benefit his personal or financial interest." But the law does not prohibit the use of "mailing lists, computer data or other information lawfully obtained from a governmental agency, which is available to members of the general public for nongovernmental purpose."

The ethics commission, according to government sources, would have the power to start impeachment proceedings to remove Augustine from office if they found the allegations were true.

But Augustine said the removal allowed under the law comes only after the third offense.

"This is the first time I have ever had this" kind of potential hearing before the ethics commission, she said.

Augustine said letters requesting donations were never sent from her office.

She said miscellaneous documents were prepared by an office secretary. But sources say there was more than one worker who took part in the campaign work.

The complaint against Augustine was filed in early 2003 by her former secretary Jennifer Normington, who said there were several workers in the office who were involved in campaign work.

Normington has refused to comment since then, on the advice of the attorney general's office.