Friday, Sept. 24, 2004 | 9:09 a.m.
This week state Controller Kathy Augustine formally acknowledged that she had willfully violated state law when she made her staff work on her 2002 re-election campaign while they were also on state time. In July, after it appeared likely that Augustine would settle an ethics complaint against her this way, we wrote that she should resign if this indeed came to pass. Many of her fellow Republicans would like to see Augustine resign, too, but she says she won't and that she intends to serve out her term, which lasts another two years.
The state Ethics Commission, which heard the complaint lodged against her by the state attorney general's office, on Wednesday voted 3-2 to accept the stipulation that found Augustine guilty of three violations of state law and fined her $15,000. Augustine can't find solace, though, in the two votes against the stipulated agreement. Commissioner William Flangas said the fine was too low and should have been set at $25,000. Flangas noted that there was compelling evidence that demonstrated not only "unethical (conduct) but also flagrant, reckless and shameless abuse of authority." Commissioner Mark Hutchison also voted against the settlement, saying there should have been a full public hearing on the allegations. But the Ethics Commission met behind closed doors for two hours to discuss the stipulation before emerging to read and approve it. A full-blown he aring could have lasted up to three days. There definitely should have been a public hearing, ensuring a complete airing of! what happened. Also, there's no reason why Augustine should have been spared what very likely would have been the public humiliation of sitting through such a lengthy hearing. Nevertheless, now that she has been found to have willfully violated state ethics laws, she will face the prospect of impeachment proceedings. If the Assembly decides to charge Augustine, she then would face a trial in the Senate and, if convicted, could be removed from office.
Augustine is going to face her day of political reckoning eventually -- and it's hard to imagine even a Republican-controlled Senate refusing to remove her from office after what she's admitted to have done. But impeachment proceedings may not begin until the Legislature convenes again in regular session about five months from now, which is why she should resign immediately. Augustine already has done enough damage by violating the public's trust. The least that she could do is leave now and let Gov. Kenny Guinn appoint someone with integrity to take over the job.
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