Democracy in Peril

By Steve Sebelius

OUT OF FRYING PAN: Now that the elections are over, you'd think we columnists would be vacationing San Diego as we prepare our fragile psyches for the trauma that is the 2005 Nevada Legislature. But there is no rest for the wicked, so instead we have the Great Impeachment of state Controller Kathy Augustine 2004 on our calendars. Here's a handy guide to the people, places and things you'll see at next week's show.

• Kathy Augustine: The star of the show, a combination of Cruella De Vil, Sen. Joseph McCarthy, Leona Helmsley and Kathy Lee Gifford. She's accused of forcing her employees to work on her 2002 re-election campaign, which capped a political career marked by lies and below-the-belt charges.

• Jennifer Normington: Augustine's former assistant, who allegedly was forced to do campaign tasks ranging from preparing a guest list for a fund-raiser to filling out state campaign paperwork to writing political letters.

• The attorney general's office: Investigators and lawyers from Attorney General Brian Sandoval's office were probing the allegations against Augustine for a long time before the story of her troubles finally broke. She reportedly offered to resign, but wanted to say it was for "personal reasons." Sandoval reportedly refused, and thus the case came to a standstill.

• Nevada Ethics Commission: Instead of filing a criminal complaint against Augustine for violations of a state law that prohibits using state workers and property for personal gain, Sandoval's office filed a complaint with this commission. After an initial investigation, Augustine agreed to plead guilty to willfully violating three state ethics laws. The commission imposed a $15,000 fine, and, per state law, referred her to the Legislature for impeachment.

• Impeachment: The process whereby state constitutional officers are removed from office for high crimes and misdemeanors. Augustine's case will go to the Assembly, which will draw up and vote on articles of impeachment. Augustine will have 10 days to prepare a defense, after which she will face a trial on the evidence in the state Senate, presided over by the chief justice of the state Supreme Court. If a two-thirds majority in the state Senate votes to convict, she'll lose her seat.

• History: If she's impeached, Augustine will be the first statewide elected official in Nevada ever removed from office in that manner. No matter what else, she'll have earned a dubious place in state history books.

• Gov. Kenny Guinn: After refusing to jump on the anti-Augustine bandwagon and giving the embattled controller a week to collect her thoughts after the Ethics Commission proceeding, Guinn told Augustine she should resign. She refused, and thus will force him to call a special session in order to hold impeachment proceedings, which will cost the state an estimated $12,000 per day.

• Poppycock: The technical, legal term for the defense Augustine will present, arguing that all the employees who worked for her volunteered to work on her campaign, and her only crime was failing to notice they were doing it on state time. You know, volunteered, the way you volunteer to wash the boss's car when he's deciding who to lay off.