Friday, March 18, 2005 | 10:27 a.m.
When Assembly Speaker Richard Perkins performs his elected duties in Carson City, the Henderson Democrat is drawing down on his nearly six weeks of vacation time a year to get a paycheck as a deputy police chief in Henderson.
But Perkins' accrued vacation time is running out, and he said he's made a request to take unpaid leave during the 120-day session -- a request he said City Manager Phil Speight approved in December.
He'll need to take that unpaid leave because Henderson quietly changed its policy for city employees who serve as elected officials.
In past sessions, Perkins collected city paychecks as a legislator by using 19 hours a week of personal and vacation leave and by putting in 19 hours of his 38-hour work week, primarily when he returned home on weekends, according to Chief Michael Mayberry. As one might expect with a salaried, senior manager, Perkins worked well over the 19 hours required, Mayberry said.
The written policy enacted March 2, 2004, by Speight no longer allows employees like Perkins to come back to Henderson to work weekends or count his time working nights for the department while in Carson City where Perkins estimated he worked five to 10 hours a week, officials said. Perkins said he typically worked 10 hours a day on Saturday and Sunday when he returned home during the 2003 session.
"He has done that in the past, but we tightened that up so nobody can do that and pick and choose their days," Assistant City Manager Mark Calhoun said. "There was so much controversy in the last legislative session that we didn't want any controversy and decided to change things."
Now, Perkins can only work Monday through Thursday in Henderson when the department's administrative offices are open, Calhoun said.
In 2003, several Assembly members were criticized for receiving pay for their government jobs in Las Vegas and Clark County while the Legislature was in session. The accusations included employees using sick time.
Henderson Councilman Steven Kirk said he also backs the new city policy to dispel any appearance of impropriety. Kirk said Perkins did nothing wrong, but the city had to do something to address the perception of double-dipping. And, Kirk said, a deputy chief needs to be in the office during the week to do the job.
Being absent on weekdays doesn't "sit well with people, particularly in police work where the job is face time with people you supervise," Kirk said. "It is difficult to manage from 500 miles away. Our policy is right. We should have done it much sooner than we did."
Henderson Councilwoman Amanda Cyphers said changing the city's policy was a good decision to prevent any appearances of impropriety, even though she said Perkins was accessible and able to perform his duties to Mayberry's satisfaction. She said there is nothing wrong with Perkins using his vacation time to serve in the Assembly this session.
"If someone is taking vacation time, we can't tell them what to do," Cyphers said. "That is their time. What I would have an issue with is if someone used sick time like they did in Las Vegas."
Like Cyphers, Kirk said he doesn't have a problem with Perkins using his vacation time to serve in Carson City.
Mayberry said he liked the old system he used with Perkins but understands the need for a change, given problems with other Assembly members.
Perkins said that although he never did anything improper and was able to perform his duties effectively as deputy chief, the more restrictive policy in Henderson was needed to deal with public perception.
"It worked in Henderson, but I am not quarreling with changing the policy," Perkins said. "I think it was the right thing to do because they wanted to maintain the public's confidence."
Perkins, who has served in the Assembly since 1993, became deputy chief under Mayberry in 2000. He said he doesn't recall how his schedule worked when he served as a sergeant and lieutenant in the 1990s while also serving in the Assembly.
Mayberry called Perkins dedicated because he continues to work for the city during this legislative session even though he's only receiving vacation pay.
Perkins said he doesn't keep track but estimates he works 15 to 25 hours a week for the city, including a 7 a.m. Wednesday conference call with captains. He said he works both in Carson City, using phone and e-mail, and in his Henderson Police Department office.
Perkins, who is responsible for police operations, oversees a captain of investigations and two patrol captains. Mayberry said Perkins even oversaw a police plan for a St. Patrick's Day parade in Henderson.
"It is amazing what he is doing," Mayberry said of Perkins continuing his duties. "I think what he is doing is commendable. The guy goes a year-and-a-half and doesn't take any vacation so he can save up for his leave."
Perkins said he doesn't consider what he's doing a big deal. He said he loves both jobs and has a commitment to Henderson.
The issue over Perkins' drawing checks with the city and state resurfaced this week when Senate Minority Leader Dina Titus-D-Las Vegas, a potential gubernatorial candidate with Perkins in 2006, sponsored a bill that would require government employees take unpaid leave.
Perkins came out this week against the bill, even though he said in the past he would support such a measure. He said he changed his mind after arguments were made that public employees couldn't run if such a measure was enacted.
Perkins declined to say whether the introduction of the bill is a political move by Titus, who has declined to comment on Perkins' situation.
"I am not going to get into that," Perkins said. "You can draw your own conclusions."
Even without any legislation, however, Perkins will be going on unpaid leave as part of the city's new policy, city officials said.
The 43-year-old Perkins currently earns 15.82 hours a month in vacation time and four personal days a year based on his 21 years with the department, said Ted Cooper, Henderson manager of employment and compensation.
Perkins saved up vacation time during the past 18 months so he would be able to use it during the 120-day session that started Feb. 7, Mayberry said.
Perkins said he doesn't know the date when his vacation time will expire but that he won't have enough to last the whole session. Without going through records, Mayberry said he was uncertain of the date as well but suggested that Perkins may wind up with less than one month of unpaid leave.
In a January 2004 article in the Sun, Perkins said a majority of his city pay in past sessions came from vacation time and that it wasn't his plan to do that again. He told the Sun in December, however, he would use up his vacation time and take a leave of absence.
Perkins said this week he doesn't recall saying in January 2004 that he wouldn't use his vacation time, as he is doing now. He said it would be difficult on him and his family of six not to get a paycheck, especially with a daughter in college. He said he didn't want to continue the same practice of taking two vacation days and working two days a week, for which he was criticized in the past.
Perkins earns $132,487 a year as deputy chief. He also gets a $135 a month uniform allowance and use of a city vehicle. He earns $7,800 for the first 60 days of the Assembly but nothing the remaining 60 days of the session. He earns $130 a day for each day of a special session.
While on unpaid leave with the city, Perkins may be without benefits, including city-supplied health insurance that he would have to pay for himself, officials said. He also may not be able to accrue any annual sick leave, retirement benefits or bonus leave until he returns to work full time.
Cooper said such benefits like health insurance are paid in advance and an employee may still be covered while on a brief leave of absence. The city policy also allows benefits to continue if an employee has enough personal days to combine with their unpaid leave.
Perkins' use of vacation time to serve in the Assembly must be approved by his supervisor, which in this case is Mayberry. Speight, who wasn't available for comment, must approve extended leaves, Mayberry said.
With the retirement of Mayberry, any decision on granting vacation time to Perkins would be decided by a new chief. Mayberry said he doesn't want to guess what a new chief will do.
Perkins also said he has no idea what a new chief will want. His seat is up for re-election in November 2006, when Perkins is a potential candidate for governor.
Perkins has talked retirement in recent months, only to stay in his city job. He said it's not possible for someone to be a deputy chief and campaign for governor.
"It is not possible to do both," Perkins said. "I am very sensitive to the time commitment to do the job properly in the police department."
Despite some criticism, Mayberry said it has benefitted Henderson and law enforcement to have Perkins in the Assembly.
Calhoun said it would benefit any city to have one of its employees serve, but he said when he goes to Carson City he treats Perkins as the speaker and not a city employee.
"It is always a plus because he has been elected for a long time and has tenure up there, and that counts for something in our state system," Calhoun said.
The U.S. Office of Special Counsel is investigating Perkins on a complaint he violates the federal Hatch Act by serving in the Legislature. The act disallows federal and some local employees who deal with federal money from holding public office. Perkins said he ultimately will be cleared.
The retirement of Mayberry April 4 and elevation of Deputy Chief James White to acting chief until the position is filled in July will leave the department without any deputy chiefs on regular duty.
City officials, including Mayberry, said that won't be a problem. The chief said someone will be appointed as an acting deputy chief to fill the void."
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