ASSEMBLY
ARTICLES OF IMPEACHMENT

Preamble

WHEREAS, Kathy Augustine was first elected to the office of State Controller of the State of Nevada in November 1998, and was re-elected to that office in November 2002; and

WHEREAS, On September 22, 2004, Controller Augustine stipulated before the Nevada Commission on Ethics that she willfully violated NRS 281.481(7) as she reasonably should have known that:

1. Causing state employee Jennifer Normington, on state time, to perform functions related to Kathy Augustine's 2002 re-election campaign violated the provisions of NRS 281.481(7);

2. The act of causing computer equipment owned by the State of Nevada and located in the Office of the State Controller to be used for creating, maintaining, storing and printing documents relating to her 2002 re-election campaign violated the provisions of NRS 281.481(7); and

3. The act of causing equipment and facilities, provided by the State of Nevada

for use by the Office of the State Controller, to be used for business and purposes related to her 2002 re-election campaign violated the provisions of NRS 281.481(7); and

WHEREAS, Testimony and evidence received by the Assembly seated as the Committee of the Whole on November 10 and 11, 2004, indicated that Controller Augustine knew or should have known that her conduct violated NRS 281.481 (7); and

WHEREAS, Willful violations of chapter 281 of NRS clearly constitute the type of offenses for which impeachment may be appropriate because such violations by a public officer who is removable from office by impeachment only must be reported by the Nevada Commission on Ethics to the appropriate person responsible for commencing impeachment proceedings pursuant to NRS 281.55 I (5)(a); and

WHEREAS, The Assembly finds that the willful violations of NRS 281.481(7) by Controller Augustine and the manner in which she abused her official power demonstrate a lack of honesty, principles and good morals; and

WHEREAS, The Assembly further finds that Controller Augustine violated the public trust and her willful violations of NRS 281.481(7) constitute Misdemeanor or Malfeasance in Office, which warrants adoption of the following Articles of impeachment.

Article I

(Misdemeanor or Malfeasance in Office)

While acting in her official capacity as State Controller of the State of Nevada, Kathy Augustine, in violation of the Nevada Ethics in Government Law, has willfully committed Misdemeanor or Malfeasance in Office, to wit:

On or between October 2001, and January 2003, Kathy Augustine willfully violated NRS 281.481 (7), as she reasonably should have known that causing state employee Jennifer Normington, on state time, to perform functions related to Kathy Augustine's 2002 re-election campaign violated the provisions of NRS 281.481(7). Kathy Augustine caused Jennifer Normington, on state time, to organize campaign fundraiser events, give campaign speeches, compile and maintain donor lists, format and mail requests for contributions, design fundraiser invitations, prepare contribution reports for submission to the Secretary of State and maintain a database of Kathy Augustine's campaign contributions.

Wherefore, Kathy Augustine, by such conduct, has committed Misdemeanor or Malfeasance in Office pursuant to Article 7, section 2 of the Nevada Constitution and the laws of the State of Nevada, which warrants impeachment and trial before the Senate.

Article II (Misdemeanor or Malfeasance in Office)

While acting in her official capacity as State Controller of the State of Nevada, Kathy Augustine, in violation of the Nevada Ethics in Government Law, has willfully committed Misdemeanor or Malfeasance in Office, to wit:

On or between October 2001, and January 2003, Kathy Augustine willfully violated NRS 281.481 (7), as she reasonably should have known that the act of causing computer equipment owned by the State of Nevada and located in the Office of the State Controller to be used for creating, maintaining, storing and printing documents relating to her 2002 re-election campaign violated the provisions of NRS 281.481 (7).

Wherefore, Kathy Augustine, by such conduct, has committed Misdemeanor or Malfeasance in Office pursuant to section 2 of Article 7 of the Nevada Constitution and the laws of the State of Nevada, which warrants impeachment and trial before the Senate.

Article III (Misdemeanor or Malfeasance in Office)

While acting in her official capacity as State Controller of the State of Nevada, Kathy Augustine, in violation of the Nevada Ethics in Government Law, has willfully committed Misdemeanor or Malfeasance in Office, to wit:

On or between October 2001, and January 2003, Kathy Augustine willfully violated NRS 281.481 (7), as she reasonably should have known that the act of causing equipment and facilities, provided by the State of Nevada for use by the Office of the State Controller, to be used for business and purposes related to her 2002 re-election campaign violated the provisions of NRS 281.481(7).

Wherefore, Kathy Augustine, by such conduct, has committed Misdemeanor or Malfeasance in Office pursuant to section 2 of Article 7 of the Nevada Constitution and the laws of the State of Nevada, which warrants impeachment and trial before the Senate.