The Nevada Observer: Opinion

Vol. 2, No. 4

Dec. 15, 2004


.

When Dan DeQuille wrote for the Territorial Enterprise of Virginia City fame, back in the 19th century, he used this depiction of a braying, angry, miner's burro. He always called it, as did most of the prospectors of the day, "A Washoe Canary." Below are some of our brayings, that is, Washoe Canary Songs.

Are There Lessons From State's First Attempt At Impeachment?

As Nevadans Are We Better Off Compared To When The Process Was Started?

by Johnny Gunn

Following the final vote by Nevada's Senate, it became obvious to the least cynical amongst us that the entire process was avoidable from the beginning, that the original charges should have been filed in a court of criminal law, not with the State Ethics Commission. I have included a list of Online URLs detailing every single moment of the trial, and if you take a look, the entire process can be spelled in one word: politics.

Attorney General Brian Sandoval insists that he was right in filing charges of ethics violations even though his staff had already drawn up criminal charges against the Controller. He used the criminal complaint as a club, a threat, and Kathy Augustine collapsed under the threat, pleaded guilty to three charges of ethics violations, and was fined $15,000. Sandoval knew that a guilty plea would precipitate impeachment proceedings, a situation that had never taken place in the Silver State as far as an elected official was concerned.

Attorneys on both sides have been quoted since the end of the trial, saying the situation would have been handled far better in a criminal court. Augustine's legal task force did what most knew they would do. They put the fear of retribution from disgruntled employees square in the lap of elected officials: senators, members of the assembly, statewide office holders, even the governor. The weight of that threat seemed to get through.

After 140 years of existence, the state held its first impeachment proceeding, and it was a fiasco from the first word. The only thing we learned, and it's something we've known since the first person was elected to public office thousands of years ago, a politician will think of himself before he thinks of anything else. And if you follow the vote in the proceedings, you'll see that spelled out in capital letters.

We may never know the exact thinking that went into the Attorney General's decision to file charges of ethics violations instead of criminal charges, but somewhere along the line, it had to be flawed.

There is one other part of this that should have caused a thinking person to cringe. The cost of this little fiasco has not been fully examined yet, but many believe it might exceed something in neighborhood of $8,000 per day, maybe more. It's safe to say a criminal trial probably would have cost far less. Would the outcome be different? We'll never know that, but right now the State Controller is behind her desk, owing $15,000 in ethics violations fines, and being censured by the Nevada State Senate. Her office staff has been severely reduced, and employees throughout state government don't know if they would ever take a chance of asking for an investigation of their bosses' activities, criminal or otherwise.

The entire process has allowed Kathy Augustine to say she has been vindicated. Really? Politicians around the state have been quoted often, saying her political career is over. Kathy Augustine says she is thinking of running for U.S. Congress. She said in her own words that she was guilty of serious ethics violations, and fined $15,000, impeached by the Nevada Assembly, and found guilty of one of three charges in the Senate, and she feels she is vindicated.

When criminal activity is believed to have taken place, criminal charges should be filed. Regardless of how serious a breach of conduct might be in some future politician's future, it will probably have to be heinous for another impeachment proceeding to ever take place in Nevada again. I rather doubt that is the lesson we were supposed to walk away with.

When you have a few moments, and you're calm and quiet, not willing to throw things at the wall, take a long look at these official Impeachment trial proceedings. These are listed in calendar order. The first one, for instance, took place on November 10, 2004.

Documents on Augustine impeachment proceedings

2002 C&E Reports filled out on State time

2002 Candidate contributions and expenditures reports for Augustine filled out by State employees on state time

________________________________________________________________

Letters We Get

Editorial Brought Some Heady Response

Editor,

I agree with your editorial talking about the buffoons cloaked in athletic apparel - both in the stands and on the playing surfaces.

But I also feel veins bulging when I see the disrespect to the flag and the National Anthem that you mentioned. It's bad enough that adults do this, but so many of the next generation - young adults and teens who should know better - display the same behavior.

As a fourth grade teacher, I am doing what I can to reverse the trend. But it's like trying to hold back the Truckee with your bare hands.

Buckey Gandolfo Battle Mtn.

Letter From The Ukraine Brings Memories

Saturday December 4, 2004

Hey John--

I read the Nevada Observer in several visits now. An article or two, and then I digest it.

Just now, reading your comments on the Ukraine elections, and how the "bad guy" got 140 percent of the vote in one place, I recalled a story I dug out when I was working as a reporter for KAHI in Auburn (California). I did news for Placer, Nevada, and El Dorado counties.

Ophir is a small town just north of I-80, and just west of Auburn. Way back, whenever it was that they carved Placer County out of three others, they had an election to determine the county seat.

The contest was between Ophir, and Auburn. Where the Placer County courthouse now stands, in the parking lot area, a "voting booth" was set up. It was a square about six feet to a side, with a canvas "fence" about six feet high. Voters wrote the name of their choice for county seat on a piece of paper, and tossed it over the canvas into the booth. At the end of the day, the votes were counted, and Auburn won.

The unofficial "mayor" of Ophir, a big ol' boy who ran a barber shop there, says there were more votes for Auburn to be the county seat, than there were voters in the original three counties from which Placer was formed.

He still claimed in the 1960s that Ophir really was the county seat, and he really was the mayor.

Made interesting, "rural" copy. AP bought it.

You're doing a good job, John. Congrats.

Hal Swift Sparks

Are There Lessons From State's First Attempt At Impeachment?

As Nevadans Are We Better Off Compared To When The Process Was Started?

by Johnny Gunn

Documents on Augustine impeachment proceedings

2002 C&E Reports filled out on State time

2002 Candidate contributions and expenditures reports for Augustine filled out by State employees on state time

Stipulation and Order of the Nevada Commission on Ethics

Decision of the Attorney General not to prosecute Augustine

Impeachment by Nevada State Assembly

Proceedings and Trial in Nevada Senate

Senate vote on impeachment charges

Senate resolution of censure

Letters We Get

Editorial Brought Some Heady Response

Letter From The Ukraine Brings Memories