Hearing on Perkins could be in November

Dan Kulin

Thursday, Sept. 16, 2004 | 9:26 a.m.

A hearing before a federal administrative law judge to determine whether Assembly Speaker Richard Perkins has violated the U.S. Hatch Act could be held in November or December in the Las Vegas area, according to an order from the judge issued Wednesday.

Perkins, D-Henderson, has been accused of violating the act by the U.S. Office of Special Counsel, which claims Perkins' full-time job as a deputy police chief in Henderson puts him in violation of the act.

The Hatch Act, a 65-year-old law 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 said he may retire from the police force early next year.

Perkins and Henderson lawyers have argued the law 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.

But the Office of Special Counsel said, in a recent legal brief, that Perkins' connection to federal funds is significant, because he oversees some officers and programs that receive federal grants.

The office mentioned several specific grants, including the COPS Universal Hiring Award, Joining Forces Traffic Safety, Every 15 Minutes and Community Policing.

In the order issued Wednesday, Administrative Law Judge William Kocol said the parties have until Oct. 14 to complete discovery in the case. Then the Office of Special Counsel has until Oct. 22 to state whether a hearing is necessary or whether the case can be decided based on the agreed-upon facts.