Editorial: Honor the public trust — or resign

Friday, July 9, 2004 | 8:48 a.m.

Ten days ago, when the news broke that ethics charges were pending against state Controller Kathy Augustine, she expressed confidence when asked to comment. "There is nothing criminal and there is no malfeasance," Augustine told Sun reporter Cy Ryan. "I'll probably take a hit from the Ethics Commission. ... I want to see it resolved and move on." She clung to this tone over the next several days in discussing the charges, which allege staff in the controller's office worked on her 2002 re-election campaign on state time.

Early Wednesday, however, it became clear that state Attorney General Brian Sandoval was taking the charges more seriously than Augustine. He said then that he was prepared to file a felony charge against Augustine in court. We agreed with this approach, as the Ethics Commission is notoriously weak. Last month, for example, Clark County Recorder Fran Deane negotiated a settlement with the commission. By admitting to just one of several allegations against her, she avoided a hearing that could have resulted in her removal from office. She took a hit for her "willful" violation of an ethics code -- a $5,000 fine -- and is now back at work and "moving on." In our view, she received a slap on the wrist.

Later on Wednesday, after Augustine's attorney met with Gerald Gardner, chief criminal deputy attorney general, the attorney general's office filed the complaints against Augustine with the Ethics Commission -- but did not file a felony charge in District Court (for now). Gardner said the controller intends to appear before the Ethics Commission and "stipulate to willful violation of the code of ethics."

The word "willful" here has more meaning than in the case of Deane, a county-elected official. If the Ethics Commission finds that a state-elected official has committed a willful violation (as opposed to an unwitting violation), it must, by law, refer the matter to the Assembly. The Assembly then must decide whether to impeach the official. Impeachment would send the case to the Senate, which would decide whether to remove the official from office.

If Augustine indeed formally stipulates that she willfully violated state thics law, she should spare Nevada residents the likelihood of the first impeachment proceeding in state history. As one who has admitted she violated the public trust, she should resign.