Las Vegas Sun

March 29, 2024

Augustine faces impeachment proceedings

Republican.

Age: 48.

Education: A.B. Occidental College, Los Angeles; M.P.A. Cal State Long Beach.

Political experience: Assemblywoman: Two terms -- 1993-1995; senator: One term -- 1995-1999; controller: Serving second term -- 1999-present

Work history: Seven years as a teacher for the Diocese of Las Vegas, a decade working for three airlines and a year as a paralegal. She has been in Nevada for 18 years.

CARSON CITY -- State Controller Kathy Augustine agreed Wednesday to pay a $15,000 fine for using state employees to work on her 2002 re-election campaign and now faces impeachment proceedings in the Legislature.

She also has earned the dubious distinction of being the first statewide elective official to face impeachment proceedings.

The state Ethics Commission, in a 3-2 vote Wednesday, agreed to a stipulation that finds Augustine guilty of three violations and imposes the largest fine ever assessed by the commission.

It will send its decision to the 2005 Legislature where the Assembly must decide whether to impeach Augustine. If it does, the Senate would conduct a trial. If found guilty, Augustine could be removed from office and be disqualified from ever again holding public office in Nevada.

"This has never happened before," said Lorne Malkiewich, director of the Nevada Legislative Counsel Bureau, referring to the impeachment process.

After the commission accepted the stipulation, Augustine told reporters, "As an elected official beholden to the people of Nevada, I will allow the process to run its course," referring to the pending impeachment process.

Augustine said she took "full responsibility for the actions that occurred" and apologized to voters for her misconduct.

"I will continue to perform my duties as state controller," she added, then emphasized that she would not resign her $80,000 a year job and declined to answer questions.

The Legislature could meet in a special session to consider the matter or it could handle it in its session in 2005. Gov. Kenny Guinn would have to call a special session.

He said his office would review the matter "expeditiously." If she is removed or resigns, Guinn would appoint a replacement.

Several lawmakers said they didn't think there would be a special session on the matter, and several Democrats called on Augustine to resign.

Assembly Speaker Richard Perkins, D-Henderson, called for Augustine's resignation, saying Augustine shouldn't put the state through the time and expense of impeaching her.

"This isn't good for Nevada and we certainly don't want to spend tax money when she's already stipulated to the violation," he said.

Senate Minority Leader Dina Titus, D-Las Vegas, said there is no question of her guilt because she effectively pleaded guilty to the allegations.

"If she had any kind of integrity, which she obviously doesn't, she would resign," Titus said.

Assembly Minority Leader Lynn Hettrick, R-Minden, said he doesn't want to pursue the matter in the Legislature. He said Augustine was fined and admitted the violation, so he didn't "know what we gain from going further."

Jennifer Normington, former executive assistant to Augustine and one of those who worked on the campaign on state time, said she was happy with the action of the Ethics Commission but felt a larger fine could have been imposed. The maximum fine would have been $40,000.

Normington said, "I'm disappointed the state is paying her $80,000 when she has admitted to willful violations." She said justice is "being served" but will not be complete until the impeachment process is complete.

Normington, who was paid $39,695 by the state, said she spent about 25 percent of her time working on campaign issues in 2002.

Jeannine Coward, former chief deputy controller, also said she was happy with the outcome of the Ethics Commission hearing.

Gerald Gardner, chief criminal deputy attorney general, said he wants to review the stipulation and the minutes of the closed session of the commission before deciding whether to file criminal charges against Augustine.

Fifteen witnesses had been called to testify at the scheduled hearing before the commission. But Augustine and her lawyers Dominic Gentile of Las Vegas and John Arracada of Reno proposed a settlement without a full-blown hearing that could have lasted two to three days.

The commission went into a closed-door two-hour meeting to talk about the stipulation and then opened the session up to read and approve the settlement.

Acting Chairwoman Caren Jenkins of Carson City called the $15,000 fine "ground breaking" and it demonstrated that the commission takes the laws of Nevada seriously. Agreeing with her were former state Sen. James Kosinski of Reno and George Keele of Minden.

Kosinski said the state attorney general's office conducted "the most exhaustive investigation we have ever seen." He said the wrongdoing of Augustine could have been proven at a public hearing.

Commissioner William Flangas of Las Vegas dissented, suggesting there be a $25,000 fine, saying the overwhelming and compelling evidence showed not only "unethical (conduct) but also flagrant, reckless and shameless abuse of authority."

"The integrity and reputation of this commission demands the full $25,000 be paid," Flangas said.

Commissioner Mark Hutchison of Las Vegas also voted against the stipulation, saying he favored going forward with a full public hearing on the allegations and defense.

Malkiewich said the Assembly and the Senate will have to make up their own rules since this is the first time ever for an impeachment proceeding in the Legislature.

In 1921 when District Judge Frank Langan of northwest Nevada was called before the Legislature for a "removal" process. The Assembly voted 22-7 to find him guilty but the Senate vote was 9-8 for his removal -- far short of the two-thirds necessary. That, however, was not called an impeachment.

If the Legislature is not called into special session, the regular session that begins next February would receive the report from the Ethics Commission.

Malkiewich said the Assembly speaker might want to appoint a committee to look into the allegations. The Assembly could draw up articles of impeachment and it would take 22 of 42 Assembly members to approve them. The articles are like a grand jury indictment, he said. There would then be a trial in the Senate and a two-thirds vote -- or 14 members -- would have to be in favor of convicting Augustine of malfeasance or misfeasance in office.

Malkiewich said it appears the Senate, if it convicted Augustine, could impose a lesser punishment than removal from office, such as a censure letter. But he said there are little to no rules as to how this will work.

The settlement said that Augustine from October 2001 to January 2003 caused Normington on state time to perform work on the 2002 re-election campaign, including campaign records for official filing, coordinating campaign fund-raisers, designing certain campaign invitations and maintaining databases for contributions.

The state computer was used "for creating, maintaining storing and printing documents," and other equipment was used for campaign purchases, said the stipulation.

It said Augustine "by a preponderance of evidence" willfully violated the law as she should have known that using Normington for campaign work was wrong.

Augustine will make $500 a month payments starting in October for 30 months to pay off the fine. She said she agreed to the settlement to "expedite the proceeding." She said the attorney general's office began its investigation nearly two years ago.

Augustine will pay the fines out of her own pocket. She is not allowed to pay the fines from campaign funds.

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