Wednesday, Sept. 15, 2004 | 11:11 a.m.
In the legal back and forth over whether Assembly Speaker Richard Perkins, D-Henderson, can legally run for partisan political office while working as a Henderson deputy police chief, the federal agency accusing Perkins of breaking the law said his high-ranking police position and the multiple uses of federal funds by those under him means the law does apply to him.
Perkins and Henderson lawyers have argued that the U.S. Hatch Act does not apply to Perkins because his connection to federal funds is minimal. Perkins has also said the federal agency that enforces the Hatch Act, the Office of Special Counsel, is targeting him because he is a Democrat.
The Hatch Act, intended to prevent political patronage, bans federal and some state and local government employees who are paid with or oversee federal funds from participating in partisan politics. If found guilty of violating the Hatch Act, Perkins could be forced to leave his city job, or the city could lose federal funds equal to two years of Perkins' salary -- roughly $130,000 a year. Perkins has also said he may retire from the police force early next year.
The most recent legal filing from the Office of Special Counsel claims Perkins' connection to federal funds is significant, directly addressing the main argument from Perkins and the city.
The legal brief was sent to the U.S. Merit Systems Protection Board, which adjudicates such complaints, last week in response to a request from the administrative law judge handling this case. The judge had asked the Office of Special Counsel to explain exactly how the Hatch Act applied to Perkins.
The brief states that as a city deputy police chief Perkins "has duties in connection with numerous programs in the Operations Command of the Henderson Police Department that are funded in whole or in part by grants from the Federal government."
Perkins heads the operations command division of the department.
"Of the twelve grants received by the police department in FY (fiscal year) 2002, at least five were used to fund activities within the Operations Command," the brief states. "Also during FY 2002, Respondent Perkins supervised (at varying levels) employees working in connection with the programs receiving funding from federal grants."
The document also said that two years later, eight of 13 federal grants received by the department were used exclusively by the operations command division.
The specific grants mentioned included the COPS Universal Hiring Award, Joining Forces Traffic Safety, Every 15 Minutes, and Community Policing.
The Office of Special Counsel document also noted that Perkins filled in for the police chief when the chief was out two times several years ago. This practice was discontinued after city officials were informed by the Office of Special Counsel that doing so could violate the Hatch Act.
The document also states that: "Contrary to Perkins' assertion, it is not clear or well-settled that the de minimis doctrine applies to questions of Hatch Act coverage, but even if it does, the evidence in this case shows that Respondent Perkins' connection to federally-financed activities is more than de minimis, casual or accidental."
Perkins' did not return a telephone message seeking comment for this story, but his attorney, Lanny Breuer, who is based in Washington, D.C., reiterated the earlier arguments.
"He has not been directly involved with federal programs," Breuer said. "I have read the Office of Special Counsel's brief and we believe the Hatch Act was never intended to apply to the job Richard Perkins has. ... It is not intended to reach someone whose contacts are de minimis."
Breuer gained national attention as special counsel to President Clinton from 1997 to 1999. During that time, Breuer represented Clinton and White House staff in the presidential impeachment hearings and trial.
The Office of Special Counsel applied the de minimis argument to its decision regarding Assemblyman John Oceguera, D-Las Vegas, who is also a North Las Vegas firefighter.
In April the Office of Special Counsel decided that Oceguera's dual role did not violate the Hatch Act because his involvement with a city program funded by a federal grant was not significant.
Melissa Jurgens, a lawyer with the Merit Systems Protection Board, said they do not know when or if a hearing on Perkins' case will happen, as that decision will be up to the judge.
Office of Special Counsel spokeswoman Cathy Deeds said her office does not comment on pending litigation, and so would not elaborate on the office's recent filing.
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