Ethics panel throws out accusations

Tuesday, March 28, 2006 | 6:49 a.m.

CARSON CITY - There are no laws, ordinances or policies that prohibit Henderson Police Officer Earl Mitchell from serving as the city's elected constable.

And there's no evidence to show that retired Police Chief Michael Mayberry allowed Mitchell to hold two jobs so the chief could control the constable's office.

A panel of the state Ethics Commission last week dismissed two complaints filed by Ron Hilford, identified as a candidate for the constable's job opposing Mitchell. The panel, in decisions issued Wednesday, said the allegations made by Hilford "appear frivolous, they are without merit, and they have absolutely no factual basis."

Hilford said in his complaint that Mitchell tailored the constable's office hours so he could continue to work full time as a police officer. He accused Mitchell of committing embezzlement by drawing full pay from both jobs.

In answering the allegation, Mitchell said it was a "blatant example of a negative campaign tactic" by Hilford. He said the salary of the constable in the Henderson Township is about $2,300 and does not reflect a full-time position.

Stacy Woodbury, executive director of the Ethics Commission, conducted an investigation into the complaint and said there is nothing to require that Mitchell be a full-time constable. She said the constable is permitted under law to appoint deputies to handle official business.

Hilford, in his complaint against retired chief Mayberry, said the chief allowed the officer to hold the constable job. By this, he alleged, Mayberry gained control of the constable's office because he had supervisory power over Mitchell.

Mayberry denied the allegation and said Hilford has "a rather active imagination."

The retired chief said, "The Henderson Police Department was more than enough for me to manage and I was not in need of a 'fiefdom.' "

Woodbury said Hilford failed to provide any evidence as to how Mayberry used his office to expand his control over the constable's office.

"The curiously imaginative allegations of Mr. Hilford appear frivolous, as they are without merit and have absolutely no factual basis," she said.

Mitchell has been on the police force for more than 19 years and has served as constable for more than 10 years. Mayberry served as chief of the department from 2000 until his retirement in 2005. He was on the force for more than 29 years.