Augustine accused of sex harassment

Tuesday, July 20, 2004 | 11:08 a.m.

CARSON CITY -- State Controller Kathy Augustine has been accused in a federal lawsuit of "sexually stalking" her former chief deputy, who says he suffered after he rejected her romantic advances.

In his suit filed June 18 in federal court in Reno, Art Ingram says he was subject to retaliation because he refused what he called sexual harassment.

Augustine, who has been charged in a complaint with the state Ethics Commission of misusing her office, declined comment and referred to the response to the suit filed by the state attorney general's office.

Deputy Attorney General Louis F. Holland, in answer to the suit, denied Ingram's allegations.

The response says any harm done to Ingram was "by plaintiff's (Ingram's) own negligent and wrongful conduct."

He said the state acted within its rights to manage Ingram, an "unclassified, at-will employee," and said "qualified immunity" bars the lawsuit.

Ingram had also filed a previous complaint in the federal court in Reno in April saying Augustine started to discriminate against him because he was being called to active duty.

That lawsuit was dismissed, a spokeswoman for Augustine said.

According to the lawsuit, Ingram expects to be let go after he returns from active duty. Ingram is on duty in the Army as a lieutenant colonel in Germany.

In the suit filed in June, Ingram said Augustine touched him "in an overtly sexual manner," attempted to kiss him, demanded a hug from him and lifted her shirt and exposed her skin and her bra.

The suit said "Controller Augustine made sexual remarks to Ingram; she attempted to establish an undue intimacy with plaintiff via various communications, including written communications."

Ingram said Augustine, who is married, wanted to date him but he wanted only a "cordial and professional relationship."

He said he "did not desire to establish a sexual relationship, a dating relationship or any other relationship."

When he opposed her "sexually inappropriate conduct," Ingram said Augustine directed "outright hostility" at him.

Augustine, according to the suit, yelled at Ingram, imposed unusual restrictions on him, threatening him with a letter of insubordination, limited his duties and responsibilities and "otherwise manifested unnecessary and unprofessional hostility" toward him.

He asks for unspecified money damages, including the loss of pay and benefits. The suit brought by attorney Mark Mausert also seeks a jury trial.

The state attorney general's office, which is defending Augustine in this case, has filed a complaint with the state Ethics Commission that she improperly used her state office staff in her 2002 re-election campaign. She has admitted to the "willful" violation of the ethics code and the Ethics Commission is expected to consider the case later this year.