Feds say state wronged reservist, withheld old job

By Cy Ryan (contact)

Thursday, June 18, 2009 | 2 a.m.

Carson City — The U.S. Justice Department has filed a lawsuit against Nevada and state Controller Kim Wallin, alleging they violated federal law by failing to reinstate a former chief deputy controller after active military service.

According to the suit filed this week in federal court in Reno, Army Reserve Col. Arthur Ingram was chief deputy controller in June 2003 when he was placed on active duty. When he returned in April 2008, Wallin offered Ingram the office’s chief accountant position, a post with less pay and status, according to the suit. He refused to accept it.

The suit alleges that Wallin withdrew the offer and backdated Ingram’s termination after he filed a complaint claiming he was entitled to his old job.

The department accuses the state of violating the Uniformed Services Employment and Reemployment Rights Act by failing to quickly reemploy Ingram in the same job or one with similar pay, status and seniority.

“The law is clear — unnecessary delays and reprisal will not be tolerated,” Loretta King, acting assistant attorney general for the civil rights division, said in a written statement.

Wallin said Ingram was hired by former Controller Kathy Augustine and was chief deputy controller for three months before being placed on active duty. When Ingram returned, he admitted he didn’t have the skills to be chief deputy controller, Wallin said.

“I respect the military but I have a duty to protect the citizens of Nevada,” she said. “He’s not qualified for this critical position.”

Wallin said the position she offered Ingram paid $89,949 a year, more than he was making as chief deputy controller.

“I bent over backwards,” Wallin said. “I am not going to be hijacked.”

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Gov. Jim Gibbons, who this week named Brig. Gen. William Burks of Reno the new leader of the Nevada National Guard, said he wants the adjutant general to bring about a “greater presence” for the organization in Las Vegas.

The governor, who is a former combat pilot, wants to expand the opportunities for guard enlistments in Las Vegas and for the guard to play a bigger roll at Nellis and Creech air force bases.

He wants the air guard to participate in Nellis’ Aggressor Squadron training, in which airmen are trained to duplicate the maneuvers of the enemy, a spokesman said. At Creech, Gibbons wants the guard to be involved in the unmanned aircraft program.

“The governor would like the guard to have a greater presence at the permanent facilities” of the Air Force, said Daniel Burns, Gibbons’ communications director.

Gibbons declined to reappoint Maj. Gen. Cynthia Kirkland to a second four-year term as adjutant general.

Twelve applicants sought the job. Gibbons said Burks, who took over command of the 3,000-member guard Tuesday, has a wide range of experience.

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A law prohibiting the news media from talking to voters within 100 feet of polling places was declared unconstitutional in 2006, but it remains on the books.

The state Board of Examiners agreed this week to pay $170,000 to the New York law firm of Cahill Gordon & Reindel, which represented ABC News and other networks that filed suit against the state in 2006 over the law.

Officials said the law isn’t enforced.

The vote of the board was unanimous to pay the court-ordered judgment. But Gibbons, who is chairman of the Board of Examiners, said it was wrong for the state to have to pay to have its law declared unconstitutional.