Assemblywoman says lawmakers misled on illegal car transfers

Assemblywoman Chris Giunchigliani, D-Las Vegas, has accused Deputy Public Safety Director Dave Kieckbusch of trying to cover his and Director Richard Kirkland's involvement in the illegal transfer of used highway patrol cars to local governments.

Giunchigliani made the statements in a letter to Sen. Dean Rhoads, R-Tuscarora, and Assemblyman David Parks, D-Las Vegas -- co-chairmen of the joint subcommittee reviewing Public Safety Department budgets.

Kieckbusch, however, described the letter as "an example of the continuing misunderstanding of how the process worked."

He testified before the committee March 11, saying he and Kirkland discovered dozens of vehicles had been illegally transferred from the Nevada Highway Patrol to local governments, including Storey County, shortly after they were appointed to take over the Public Safety Department.

"He further indicated that when he and the director learned about the transfers, they put a dramatic and drastic halt to that process," said Giunchigliani, who is vice-chairwoman of the Ways and Means Committee. "Documentation provided by the state Purchasing Division contradicts the testimony provided by Deputy Director Kieckbusch."

According to state purchasing records, a total of 60 vehicles were transferred to local entities between February 2000 and December 2001. Giunchigliani pointed out some transfers occurred "well past the appointment of the director and deputy director on May 31, 2000 and Sept. 18, 2000 respectively."

Furthermore, she said, Kirkland reassigned the job of overseeing highway patrol fleet management to a major described as "a close personal friend of the director." At the same time, the chain of command was changed so that he reported directly to Kirkland instead of the colonel in charge of the highway patrol.

The vehicle transfers were illegal because the cars and four-wheel drive SUVs were purchased with federal highway fund money. The constitution mandates highway fund money be used only for construction and maintenance of roads and for administration costs to support those functions. When those cars are disposed of, the fund is supposed to be reimbursed for their value.

Local governments instead received title for them for free which, according to Kieckbusch, has resulted in a federal investigation into the deals.

Kieckbusch earlier testified the state's process for disposing of the vehicles wasn't followed.

"We had, basically, supervising mechanics signing off titles," he said.

Giunchigliani's letter alleges the titles were signed off by the highway patrol stores manager, the fleet manager and a supply technician, "not the mechanics.

"It would appear that Director Kirkland and Deputy Director Kieckbusch have attempted to shift the blame for these illegal transfers to staff within the department," Giunchigliani's letter says. "Based on the direct involvement by the stores manager and Major Farmer, it would appear that Director Kirkland had knowledge and allowed the transfer to continue for up to 19 months following his appointment as director."

She said that when the situation began to become known, Kirkland's administration allowed those involved to resign "and no one was prosecuted."

Kirkland is off work recovering from surgery to replace a knee joint. Kieckbusch, however, said the situation is a "misunderstanding.

"All of it's based on events that happened before myself or Director Kirkland even worked here," he said.

He said the transfers were "based on a legal process designed and written by the Attorney General's Office at that time.

"We said, 'That doesn't make sense to us; stop doing it,'" he said. "All we're doing is trying to fix these kinds of issues as we come across them."

Giunchigliani said legislative budget committees didn't get a complete and accurate explanation of how the vehicle transfers occurred and who was responsible. She called on the subcommittee chairs to further examine practices within the Public Safety Department, especially the transfer of vehicles to local and other state agencies.

She said, "The department should explain why former employees were allowed to resign without pursuing criminal charges for violating the constitution, particularly in the case of employees reporting to the director."