Clark County Commissioner Tom Collins' lawsuit challenging a deal blocking him from voting on a highway contract was dismissed by a federal judge Tuesday, likely clearing the way for a third vote on the project.
Collins on Oct. 5 sued the county and contractors Fisher Sand & Gravel Co. and Las Vegas Paving Corp. over a settlement in another lawsuit in which attorneys for the county said he and Commissioner Steve Sisolak had agreed not to vote on the $117 million northern 215 Beltway widening job between Decatur Boulevard and Tenaya Way.
Fisher, the losing bidder in two previous votes, had complained those commissioners were biased against it.
Collins' lawsuit said he did not authorize the deal barring his participation and that the agreement preventing him from voting violated his constitutional rights.
U.S. District Judge Robert C. Jones on Oct. 19 issued a temporary restraining order barring a planned third vote on the contract, giving the judge and attorneys time to research Collins' legal claims.
But on Tuesday, during a hearing planned on a motion for a preliminary injunction, Jones said he's dismissing the case.
Jones cited a lack of case law finding that barring a public official from voting on a government body's matters violates that official's liberty, property and due process rights in the U.S. Constitution.
Jones also found Collins' First Amendment rights to free speech have not been violated in the paving contract issue, as no one has moved to prevent Collins from speaking about the issue.
"There is no property or liberty interest," the judge said, adding he's dismissing the case with prejudice -- meaning Collins can't re-file the suit with amended claims.
Attorney Andrew Smith of the Las Vegas law firm Ellsworth, Moody & Bennion, which represents Collins, argued Nevada law spells out the duties of elected officials and how they can be removed -- and said no one had taken any action to remove Collins from office. That, he said, means Collins must be allowed to perform his duties.
"He has the right to do that job," Smith said.
After the judge's ruling, Smith said Collins is weighing his legal options.
Attorney J. Colby Williams, of the law firm Campbell & Williams, which represents the county, said after the hearing that the county commission is now free to vote on the contract.
That's assuming there's no appeal or further legal action.
Attorney Stanley Parry of the firm Ballard Spahr Andrews & Ingersoll, representing Fisher, said the company now hopes "to get a fair hearing" before the commissioners.
Fisher lost in the bidding twice to Las Vegas Paving, though Fisher maintains it's the lowest responsive bidder.
Fisher Sand and Gravel, a division of Fisher Industries of Dickinson, N.D., initially sued the county in April to prevent it from awarding the $116.8 million contract to Las Vegas Paving. The company claimed commissioners relied on false information about contractors’ licenses in rejecting its bid, which was $4.6 million less.
Clark County District Court Judge Elizabeth Gonzalez agreed with Fisher and ordered commissioners to re-evaluate the bids.
County commissioners affirmed the award to Las Vegas Paving and determined during their July 21 meeting that Fisher wasn’t a responsible bidder because company officers had recent issues involving tax evasion, environmental quality violations and other unresolved legal concerns.
That July 21 decision prompted the additional legal action which, until now, has prevented a third vote on the bid needed before construction can begin.
The Clark County Commission held off acting on the project during its regular meeting Tuesday morning but received a list of other beltway construction projects that could go forward.
Director of Public Works Denis Cederburg presented projects the board could consider for work to continue on the beltway. The commission directed public works staff to report back to commissioners at their Nov. 17 meeting with more information about the projects.
The board can then decide if the county will put the Decatur Boulevard to Tenaya Way project out to bid or if it wants to go forward with additional projects.
Chairman Rory Reid said the county has money for the projects and construction would help put people to work.
“We have money, we have projects, people need to work, I think we need to do something,” he said.
Sun reporter Kyle Hansen contributed to this report.
LVP, it's time to get out and grease palms ASAP. Maybe you can get Steve Ross' union layabouts to help. After all, what's an extra 4 Mil in this great economy?
Tom Collins looks like he's ready to blow in that picture. Look at em, his lips are blue. It's no small wonder he's so angry and uptight all the time.
My advice to him would be to quit your child like temper tantrums. Exhale & take a deep breath. Out with the bad air, in with the good air
Whether you like Tom Collins or not, this is a bad precedent. If a contractor can go to court and get a deal to silence the votes that kept them from getting a contract, why do we have elected officials.
Tom Collins do Clark County a big favor and take like your gene pool does in San Francisco's Castro District, savior what've you have done, it's over with. Don't be ashamed, you tried to con your way out of this one using the legal system, you failed at this just as you have failed at everything you've done since you took the oath, you've voted party line to many times and for long enough, time to get out of office, you're not welcome here anymore. You and your fellow democrats have desecrated Nevada for too many years, now leave.
I wonder who is going to pony up the balloon payment now. How far one will go to attain their wants verses the needs, only time will tell.
Planetearthcalling:
He looks like that because he is a Democrat and they promote and support what?
Be real with your answer, it's not rocket science and he is a liberal and he is a career politician. Being a Democrat and a career politician and he has blue lips, he just completed doing what?
2hot..
Tom Collins threw a temper tantrum until he got his way. His way, is all about screwing the public. More government at more cost no matter the problem
The unions hate it when their bought and paid for politicians get the ax. They wont go away without more fight.
lvmachead:
"...Whether you like Tom Collins or not, this is a bad precedent. If a contractor can go to court and get a deal to silence the votes that kept them from getting a contract, why do we have elected officials...."
I agree wholeheartedly.
But I don't think you go far enough. We should just appoint an emperor (or a "superJudge"), suspend elections altogether, make Clark County an "every man/woman for themself" area, and ONLY have the people interested in so-called Public Works projects stand on the corner out in the sun with the homeless guys and BEG for our money at redlights.
For the laissez faire and anarchistic economic types, this would be Heaven.
"VOTIN', WE DON'T NEED NO STINKIN' VOTIN'"
(I think the Constitution was written with disappearing ink...)