Crime not seen in NHP radio fiasco

Tuesday, March 9, 2004 | 10:52 a.m.

CARSON CITY -- The improper spending of millions of dollars on the wrong communications equipment for the Nevada Highway Patrol will not result in any criminal charges, the state attorney general's office said Monday.

Gerald Gardner, chief deputy of the criminal division, said the four-month review of an investigation by the patrol found there were "certain improprieties" by former communications supervisor Mel Pennington involving the purchase of radios.

"But there was no evidence of any intent on his part to further his own personal gain or benefit any other person," Gardner said.

Because of Pennington's actions, the highway patrol was operating on 150-megahertz frequencies for which it did not have authorization from the Federal Communication Commission. The federal agency told the patrol to get off those frequencies, which were licensed to others.

Gardner said Pennington originally discovered there were frequencies that were not used. He said Pennington decided to use them and try to get authorization later.

Pennington then bought the equipment for millions of dollars to operate on the 150-megahertz frequencies in 1996. He did not get permission from the Legislature until the 1997 session. That failure to follow proper procedure was one of the "improprieties," Gardner said.

Motorola built the system for $11 million.

Gardner said spending the money for the equipment before legislative approval was "probably a violation of the amdinistrative code. But it was eight years ago. And the Legislature approved it."

He said Pennington has retired and left the state and "any criminal prosecution would be barred by the statute of limitation."

Pennington could not be reached for comment but previously said he had received temporary permits from the FCC to allow the patrol to use the frequencies, but they expired in December 2002. He said he sought approval from his superiors to seek an extension but they never took any action.

Using these frequencies, the patrol's radio transmissions interfered with the frequencies' licensed users such as railroads and emergency units as far away as the San Francisco area for three years before the FCC stepped in, transportation officials said.

Gardner said it will be up to the FCC to determine what, if any, penalties will be imposed on the state for communicating over these frequencies.

Gardner said eight volumes and more than 3,000 pages were reviewed in reaching the decision not to pursue any criminal charges.

After being told by the FCC to get off the 150-megahertz frequencies, the state spent $17 million to buy new radios and other equipment to allow it to transfer to an 800-megahertz system for the Nevada Highway Patrol.

Robert D. Chisel, assistant director for administration in the state Transportation Department, said Monday the switch to the 800-megahertz system has been completed in Washoe County for the patrol.

The change in Clark County should be finished by the end of this month, he said. He said the rural counties could be finished by Oct. 1.

The patrol is piggybacking on the 800-megahertz system of the state transportation department. It will also be used by the division of investigations and the state Parole and Probation Division.

Chisel said he does not want to switch systems prematurely and endanger public safety of officers in those divisions.

Metro Police has a 150-megahertz system, Chisel said. But it will be converting to 700-megahertz. He said he is working to make sure the systems can communicate.