Controller may be forced to pay

Tuesday, Nov. 2, 2004 | 11:08 a.m.

CARSON CITY -- Controller Kathy Augustine could be forced to pay part of the cost of the special session of the Legislature if she is disciplined or removed from office for misconduct, the director of the Legislative Counsel Bureau said Monday.

Lorne Malkiewich said he has received advice from the state's lawyers that Augustine could be assessed some of the cost of the session if the Senate finds her guilty of misusing her office for political campaign purposes.

The special session is expected to start Nov. 10, and Malkiewich has said its cost could run $150,000 to $200,000. About half of that would go to pay the 63 legislators. Augustine would not have to reimburse the pay of lawmakers but she could be required to pay for other staff and for the per diem and travel expenses of legislators, Malkiewich said.

It has been held in court cases that persons sitting in judgment cannot be reimbursed by the accused if the person is found guilty, Malkiewich said. But the accused could be required to pick up other costs of the special session.

One cost that Augustine probably won't have to worry about is the cost of a special prosecutor.

Because the special session is expected to start next week, there isn't enough time for a special prosecutor to prepare for the case, so it looks like Attorney General Brian Sandoval and his staff will do the prosecution. The attorney general's office did the investigation and brought the complaint to the state Ethics Commission.

There has been concern about the cost of the one-agenda-item special session and Malkiewich has looked for ways to reduce the cost to the state. He said he will propose this to legislators and they will make the final decision.

Senate Majority Leader Bill Raggio, R-Reno, said he is reserving judgment as to whether he will support an effort to make Augustine pay for part of the cost of her impeachment.

"I would be cautious. I would not want to give the impression that someone would be penalized for exercising their rights," said Raggio, who is a lawyer.

Assembly Speaker Richard Perkins, D-Henderson, could not be reached for comment. Neither could Augustine nor her attorneys John Arrascada or Dominic Gentile.

Malkiewich said this procedure is permitted in administrative disciplinary actions in which the guilty party must pay the cost.

Augustine is accused of having her state staff work on her re-election campaign in 2002 while on state time.

If Augustine is found not guilty of the allegations, she would not be assessed any cost.

The case will be presented first to the Assembly that must determine whether to deliver articles of impeachment to the Senate. If Augustine is impeached, the Senate would then hold a trial to rule on the allegations and decide the punishment.

Augustine admitted to the ethics commission that she should have known that some of her staff was spending state time on the campaign. She was fined $15,000 by the commission. But she has said she never had any intention or actual knowledge that any ethics rule or law was breached.

She said she told her staff that volunteered to do the work on their own time.