OSC Seal

 U.S. Office of Special Counsel
 1730 M Street, N.W., Suite 218
 Washington, D.C. 20036-4505


OFFICE OF SPECIAL COUNSEL SEEKS DISCIPLINARY ACTION AGAINST NEVADA STATE EMPLOYEE IN HATCH ACT CASE


FOR IMMEDIATE RELEASE - 6/24/04
CONTACT: CATHY DEEDS
(202) 254-3600                 

     The U.S. Office of Special Counsel (OSC) has filed a complaint for disciplinary action against Richard Perkins, Deputy Police Chief of the Henderson, Nevada Police Department and Speaker of the Nevada Assembly. OSC’s complaint filed with the Merit Systems Protection Board (MSPB) on June 16, 2004, charges Perkins with violating the Hatch Act’s prohibition against being a candidate for elective office in a partisan election.

     As Deputy Police Chief, Perkins is covered by the Hatch Act. His primary job duties are in connection with grants issued by the United States Departments of Justice, Housing and Urban Development, and Homeland Security.

     OSC’s petition alleges that in 2002, Perkins ran as the Democratic candidate for re-election to the Nevada Assembly, District 23 (Clark County). This election was partisan within the meaning of the Hatch Act because representatives of the Democratic and Republican parties, among others, were candidates in the election.

     Following Perkins’ 2002 candidacy, OSC notified him that he was covered by the Act and that his 2002 candidacy violated the Act. OSC also warned him that future violations of the Hatch Act could result in disciplinary action charges being brought against him before the MSPB. Despite OSC’s warning, Perkins filed for re-election on May 5, 2004, and is currently the Democratic candidate for the Nevada Assembly, District 23 (Clark County).

    The Hatch Act strictly prohibits state and local employees who have duties in connection with federally-funded programs from being candidates in partisan elections. The penalty for a proven violation of the Act by a state or local employee is removal of the employee from his/her position by the state/local agency and debarment from state/local employment for the following eighteen months, or forfeiture of federal grant funds by the state/local agency in an amount equal to two years of the salary of the employee.

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     The U.S. Office of Special Counsel is an independent investigative and prosecutorial agency. Its primary mission is to safeguard the merit system in federal employment by protecting federal employees and applicants from prohibited personnel practices, especially retaliation for whistleblowing. It also investigates and prosecutes complaints alleging violations of the Hatch Act and provides advisory opinions on the Act’s requirements.