Augustine, ethics panel may agree on compromise

Tuesday, Sept. 21, 2004 | 9:07 a.m.

CARSON CITY -- A compromise agreement may be offered in the case of state Controller Kathy Augustine who goes before the Nevada Ethics Commission on Wednesday regarding accusations that she used her office staff for political work.

The agenda for the meeting was amended with a closed session discussion about a stipulation in the Augustine case.

Augustine has refused comment on the matter and referred questions to her attorney, John Arrascada of Reno, who did not return telephone calls Monday.

Stacy Jennings, executive director of the commission, declined to say whether a settlement has been offered. The accused person is permitted to offer a compromise before the hearing begins.

If Augustine is found guilty of the allegations against her, she could be impeached by the 2005 Legislature.

A spokesman for the state Attorney General's Office says a criminal charge has been prepared against Augustine but refused to discuss the case further.

A panel of the ethics commission found there was sufficient cause to go forward with a public hearing by the full commission on the allegations that Augustine used some of her office employees to perform campaign work in her 2002 re-election campaign.

Investigators for the state Attorney General's Office compiled three binders of computer evidence that campaign work was done by employees during state time. The allegation is that in the case of at least one employee, Jennifer Normington, the campaign work "significantly interfered" with Normington's public work schedule.

Prosecutors estimated that during 2002 Normington spent 25 percent of her time on campaign work. Normington earned $39,695 that year and 25 percent of that is $9,924.

Normington, who lives in Reno, filed the complaint against Augustine.

The staff of the ethics commission said Augustine's actions "conflicted with her duty to hold public office for the sole benefit of the people of Nevada." And she allegedly used her public office to gain an advantage over her three opponents who did not have taxpayer-funded volunteers.

Augustine says the workers voluntarily did work such as compiling guest lists for campaign fund-raisers and typing campaign materials using state computers and supplies.

Augustine admits that she saw Normington work on her campaign during working hours, her attorneys, Arrascada and Dominic Gentile of Las Vegas, said in a responses filed with the ethics commission.

The controller has said says nobody was coerced to work on the campaign and there were no real or implied threats that anyone would lose their state jobs if they failed to work in the campaign.

Augustine's attorneys have suggested the ethics commission find just and sufficient cause that the controller should have known her executive secretary was working on the campaign on government time. But they say the other allegations should be dismissed and suggest that no penalty be imposed for this action.