Gov. Gibbons must appear at court hearing

RENO (AP) " Nevada Gov. Jim Gibbons was ordered Wednesday to appear in federal court for a settlement conference with a former staffer who claims she was fired because the governor thought she leaked details about his private text-messaging on a state phone.

U.S. Magistrate Judge Valerie Cook also ordered Gibbons' budget chief, Andrew Clinger, to appear at the conference which could be held as early as Feb. 9.

Mary Keating lost her job as state administrative services officer in mid-May. She is suing Gibbons and Clinger for unspecified damages and reinstatement to the post where she oversaw, among other things, the governor's office expenditures.

Keating wound up with another state job, with similar pay. She's being represented in the lawsuit by Cal Dunlap, a former Washoe County district attorney who also is representing first lady Dawn Gibbons in a pending divorce from the first-term Republican governor.

The lawsuit alleges one of Keating's employees told her in May 2007 that Gibbons used his state cell phone to send more than 860 personal text messages over several weeks to a woman the governor has described as a longtime friend. Keating in turn told her boss, Clinger.

When word of the text-messaging got out last June, Gibbons apologized for the activity and said he had reimbursed the state $130. He also denied the messages were "love notes."

Stephen Quinn, a lawyer representing Gibbons and Clinger, told the judge on Wednesday the two were very busy preparing for the upcoming legislative session and the state's budget crisis. He said their legal counsel would have the full authority to negotiate any possible settlement so their presence in court was not necessary.

But Dunlap said it was important they be present to fully understand their potential liability in the case and pointed out they'd already presented the governor's proposed budget to the state Legislature.

"As we know, (Gibbons) has a great deal of skill texting messages, which he can do from here to deal with other government issues," Dunlap said in the courtroom Wednesday.

Cook earlier set the settlement conference for Feb. 9, but instructed the two sides to pick a date if that one doesn't work for the governor.

"I'm aware the budget is a very big challenge this year. But it seems under the circumstances, the presence of Gov. Gibbons and Mr. Clinger is appropriate for this settlement conference," Cook said.

The judge and both lawyers agreed that under state law, attorneys representing Gibbons and Clinger would be authorized to agree to a settlement worth a maximum of $75,000. Anything greater would have to be approved by the state Board of Examiners.

"I'm sure these folks would love to settle for $75,000," Dunlap said. "That's not going to happen. ... We have engaged in negotiations for settlement but those have not been fruitful."

Cook said one of the reasons Gibbons and Clinger need to be present is that under the rules of a settlement conference, no one is allowed to have outside communication with parties not present in the courtroom.

Dunlap said Keating had worked in state government for decades under a variety of administrations with a "spotless record."

"The problem with Mary Keating is she did her job," he said.

In a number of instances, she brought to Clinger's attention spending activity by state employees contrary to state rules, including Gibbons, a former congressman, Dunlap said.

"Gov. Gibbons was involved with a divorce. He took the position he was not involved with any other women. Then there came attention to the fact there were a large number of text messages he had sent to a married woman, a doctor's wife," he said.

Keating took the information to Clinger, who told Gibbons, Dunlap said.

"It is our position he was not too happy with that," he said.