Board upholds Perkins ruling

Saturday, May 27, 2006 | 7:38 a.m.

Assembly Speaker Richard Perkins has won his lengthy battle with special prosecutors over whether he violated federal law by simultaneously serving as a Henderson deputy police chief.

The three-member U.S. Merit Systems Protection Board dismissed a complaint this week by the U.S. office of special counsel that Perkins violated the Hatch Act, a law that bars federal and some state and local officials from running for partisan political office if they are paid with or oversee federal money.

In September an administrative law judge dismissed the special prosecutor's complaint against Perkins, only to have the special counsel appeal to the three-member board, an independent quasi-judicial agency of presidential appointees who review alleged Hatch Act violations.

In its ruling this week, the board said there was no new evidence that Judge William G. Kocal of California made a legal error that affects the outcome.

The board also said the city and Perkins may be entitled to reimbursement for their attorneys' fees. The city has spent tens of thousands of dollars on its defense, with Perkins reimbursing the city with campaign funds, and Perkins hired his own attorney.

The office of special counsel has come under fire for appealing the case after Kocal criticized prosecutors in his ruling. He maintained that prosecutors pursued a case against Perkins in June 2004 even though that contradicted an advisory position that the office of special counsel issued in another case. Kocal also criticized special prosecutors for mischaracterizing Henderson's efforts to comply with the federal law.

"Why the office of special counsel pursued this case is a mystery to me," said Steve Ross, an attorney with a Washington, D.C., firm that represented the city. "In their own language, the office said it was trying to take a more aggressive position than they have historically done. There was no basis in the law for their allegations."

The office of special counsel could not be reached for comment.

Perkins and his attorneys have long alleged that the investigation was spurred by a GOP administration pursuing a prominent Democrat. A week after Kocal handed down his ruling, Perkins announced he would not seek the Democratic nomination for governor.

In April, Perkins was named Henderson's interim police chief following the resignation of Alan Kerstein. The word "interim" is expected to be dropped from Perkins' title once an evaluation is completed.

Henderson officials say that the city avoided violating the Hatch Act when Perkins served as deputy chief by shielding him from any connection with federal funds. Perkins had been responsible at the time for police operations overseeing investigations and two patrol captains.

The Hatch Act is intended to prevent employees who have control over federal funds from using their positions for political purposes.