Lawmakers study rules for Augustine impeachment

Monday, Oct. 4, 2004 | 10:56 a.m.

CARSON CITY -- Gov. Kenny Guinn should be ready to appoint a replacement quickly for state Controller Kathy Augustine, who faces impeachment by the Nevada Legislature.

Senate and Assembly members are working on rules about how to proceed in the first impeachment trial ever held in Nevada. And there are a few surprises.

Guinn has said that if Augustine doesn't resign her $80,000 a year job, he will convene a special session of the Legislature in the second week in November, after the election.

Augustine was fined $15,000 by the state Ethics Commission for using her office staff to work on the 2002 re-election campaign and using state computers and other equipment.

The issue of malfeasance in office goes before the Assembly first. It must find there is enough evidence to file articles of impeachment against Augustine. The Assembly's role is like a grand jury delivering an indictment.

As soon as the Assembly makes its accusation, the rules provide that Augustine be suspended from office, says Senate Majority Leader Bill Raggio, R-Reno.

Raggio says the rules also require the governor at that point must immediately name a replacement. In most cases, the governor is free to name anybody he wants without getting approval of the Senate.

The Senate than begins a trial to determine if she is guilty and the punishment that ranges up to removal from office. It must have a two-thirds vote for any disciplinary action.

Brenda Erdoes, chief attorney for the Legislature, said Augustine is entitled to "due process" in the Senate hearing.

Augustine, although admitting to the violations, could call witnesses.

If she is not removed from office, she regains her job and could finish out her two remaining years.

Sen. Randolph Townsend, R-Reno, chairman of the Legislative Commission, said the leadership of the Legislature will meet sometime this week to hammer out the rules. "There is a lot of work to do," Townsend said.

The start-up cost for any special session will be about $80,000, says Lorne Malkiewich, director of the Legislative Counsel Bureau. And then it will cost about $30,000 per day.

Lawmakers will be paid $130 in salary and $91 in per diem. The start-up costs, he said, include travel reimbursement for the lawmakers, printing and associated items.

Malkiewich said the new lawmakers who are elected Nov. 2 will serve in this potential impeachment process. That means there will be at least 10 freshmen in the 42-member Assembly. A number of Assembly members either decided not to run again, to seek other offices or were beaten in the primary election.

There will be at least three new faces in the Senate with the retirement of Joe Neal, D-North Las Vegas, and the defeat of Republicans Ann O'Connell and Ray Rawson.

Townsend said there is a small technical problem in seating the new members. The Nevada Supreme Court, he said, does not certify the election results until some time around the end of November and the special session would start before then. But he said that can be overcome.

Guinn said Friday he has not had any contact with Augustine since he made his call for her resignation Thursday. He had planned to have a meeting with her Wednesday but was told any session would have to have Augustine's lawyer present. He rejected such a meeting saying this was not a legal issue.

Augustine, who has refused to talk to the press on the advice of her lawyer, showed up for work at her Carson City office Friday.