Judge sets hearing in Loux case

Monday, Sept. 15, 2008 | noon

Raises could fell tenacious foe (9-14-2008)
Muth goes to court to oust Loux (9-11-2008)
Loux not going to resign right away (9-11-2008)

CARSON CITY – Bob Loux, head of the state agency fighting the Yucca Mountain repository, has been ordered to appear in district court on Wednesday in the suit to remove him from his post for illegally increasing his pay for the past four years.

Loux says he has hired an attorney to represent him in the suit filed by conservative columnist Chuck Muth, who identifies himself as president of Citizen Outreach.

Muth also asked the U.S. Justice Department to investigate Loux. In a letter to the public integrity section, he wants to see whether Loux misused the federal funds that flow to that office. The office is supported by both state and federal funds.

Loux says he intends to fight the civil complaint and also the complaint filed against him by Assembly Minority Leader Heidi Gansert, R-Reno, who filed her complaint with the Ethics Commission.

District Judge William Maddox set a court appearance date of Sept. 29 for the case. The law says the judge must within 5-10 days, set the first hearing. And the second hearing must be held within 20 day. The removal suit was filed on Sept. 11.

Gov. Jim Gibbons has asked Loux to resign. But it will be up to the Commission on Nuclear Projects, to whom Loux answers, to decide the fate of the director who has served since the agency was created in 1975. The projects commission meets Sept. 23.

The governor appoints the director but the decision whether to retain him is up to the commission, which is appointed by the governor.

Former Sen. Dick Bryan, who is also a former governor, is head of the commission and he says he doesn’t think Loux should resign. Bryan was the first governor to appoint Loux, who has served under both Democrats and Republicans governors.

The law says any persons found guilty of malpractice or malfeasance in office may be removed if the action is verified in a complaint to the district court. It says that if the district judge finds cause to remove the officer, the individual may appeal. But he may not hold the office during the appeal.

Research by the governor’s office shows Loux earning $151,542 this fiscal year or 32 percent above the authorized $114,088. Loux gave himself and his staff extra raises for at least the past four years.

Loux told the Legislative Interim Finance Committee that one of his six workers had left the agency and the other employees had to do extra duty. So he divided the pay of the vacant position among the employees who were on board.

Cy Ryan may be reached at (775) 687 5032 or cy@lasvegassun.com.

Discussion: 15 comments so far…

By NeoConChristianDr

9/15/08 at 2 p.m.

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What do you bet that we give this guy a 6 figure severance package to "settle" the issue?
By MichaelGreen

9/15/08 at 2:34 p.m.

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This is a tough one. On the one hand, on the face of it, it looks like Loux acted wrongly. On the other hand, Chuck Muth filed the lawsuit. If Muth thinks it's bad, that's the surest sign that Loux actually could have done something brilliant and good.
By jfnance32

9/15/08 at 2:57 p.m.

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LOL....seeing the Democrats circle a wagon around one of the crooks.

Like Obama, he had the biggest crook in South Chicago be his a major fundraiser for years.

The same crook helped him buy a house.

Now, Buckley's, Ms. Taxus (Titus) and Reid's crooked little friend has his hand caught in the cookie car.

I guess the state is not that broke if a Democrat crook can increase his own pay by 32%.
By MichaelGreen

9/15/08 at 3:54 p.m.

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Nance, I don't recall Guinn or The Lonely Guv doing anything to get rid of Loux earlier. But I sure do notice all of the government corruption your GOP pals have created and supported, not to mention their inability to tell the truth or remember anything under oath. Your discovery of corruption is the biggest news since John "Janet Reno is Chelsea Clinton's father and my wife is a %$#&" McCain discovered sexism.
By jfnance32

9/15/08 at 4:50 p.m.

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The governor nor Guinn had a reason until now to get rid of him.

I am guessing that you now are also calling for the removal of Loux unlike your Democrat friends that are fighting tooth and nail for him.

You better get on the phone and call your Democratic buddies and ask them why are they protecting corruption.
By MichaelGreen

9/15/08 at 7:34 p.m.

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Nance, I know this is going to shock you, but Democrats are different from you guys. We have brains and don't march in goosestep--uh, lockstep. If it's proved Loux did something wrong, he should go. If it isn't, he shouldn't. It's almost as simple as saying, "Yes, I lied, but it's ok." You know who said that almost in so many words today? John McCain. Good thing Republicans are honest.
By letsciencedecide

9/15/08 at 8:20 p.m.

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Amazing how people turn this into partisan politics. Why can't we all agree that he broke the law - after all people he has freely admitted that much. I honestly don't even know Loux's political affiliation (he has worked for governors from both parties). Personally, I think he should be immediately placed on an unpaid leave of absence while a complete audit of the agency is conducted, after that we will see if he looses his job due to criminal acts, ethics violations, or just for being too stupid and arrogant. Either way, he should not be allowed to keep his job - there is no argument that should suggest otherwise.

Those that argue he is too important to the Yucca Mountain fight should realize the next couple of months are the last chance that the state has to submit their scientific contentions to the NRC that provide proof that a license should not be granted. If those contentions are not ready now, after decades of work - they won't be any more ready over the next couple of months. Even Loux knows that he is not the scientific expert and he has others that will do the actual testifying. His loss is meaningless to the fight. Personally I believe the State will loose the science fight, politics may cancel Yucca Mountain but the science is sound. Unlike Loux who has always taken the approach "in the absence of sound science, make it sound like science"
By jfnance32

9/15/08 at 8:31 p.m.

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Both Reid and Bryan are fighting for this guy.

Loux is a Democrat.

They will fight tooth and nail for this crook.

They have no shame.
By MichaelGreen

9/15/08 at 8:57 p.m.

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Letsciencedecide, I agree that this should not be a partisan issue. If Loux acted wrongly, he should go. If not, he should stay.

However, we also cannot afford to lose sight of an unfortunate fact: where Democrats are reasonable about such matters, Republicans are not. Is there a bigger pair of liars in American politics than John McCain and Sarah Palin? No. They even admit to their lies, and then tell them again. Now, how should a Democrat react?

Nance, I also should add that while I doubt that we agree on much, it is a pleasure to debate issues with someone who writes in complete sentences. That's more than can be said of most of the right-wingers on the R-J site ... including the editorial writers, come to think of it.
By worstnightmere

9/15/08 at 9:19 p.m.

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Loux, has not even, had his day in court, "Innocent Until Proven Guilty", It looks like out of desperation, the Governor is trying to shift the heat away from him onto others....
By jfnance32

9/15/08 at 9:28 p.m.

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Obama has told a ton of lies.

What the hell are you talking about Democrat are reasonable about what? ......Protecting their crooks....yes they love to protect their crooks. Reid and Bryan are saying we should keep this guy because he is just a great guy.

Democrats love their crooks.
By Impeach_Harry_Reid

9/16/08 at 3:52 p.m.

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Loux-Luthor played his "Chance Card" and needs to "Go Directly To Jail" -- and not collect 151,000 dollars...
By Ardent

9/17/08 at 9:21 a.m.

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letsciencedecide:

Once again, you cut to the heart of the matter. Bravo.

MichaelGreen:

I happen to be an odd combination as a longtime Nevadan who supports the repository and is also a staunch Democrat. While I appreciate (and largely agree with) your political assessments, I have to echo letsciencedecide on this one.

I lump Loux and all Nevada politicians who oppose the repository in the same category, regardless of their political affiliation. The Yucca Mountain Project is that rare issue on which both parties largely agree here in Nevada, and this non-partisan brand of "lock-step" has led to a kind of intellectual atrophy that in some ways resembles Eastern Bloc thought-policing.

The truth is, on this issue our political leaders and agency heads have united against an impartial assessment of the repository.

I have always understood their position in light of the largely political (i.e., partial and partisan) decision that landed the repository here in the first place.

But to expand that political argument to encompass scientific and techincal issues -- at the expense of the latter, by the way -- is a disservice not only to science and public awareness, but also a disservice to the truth.

In an ideal political environment, our leaders would advocate their positions in the context of fact and full disclosure. A pipe-dream, I know, but it is the measure against which we should evaluate the actions of a Bob Loux. If he were simply a partisan, that would be fine. But he has exercised his partisanship in a cloud of misinformation and intellectual dishonesty that he himself created. That's called propaganda, and now we discover that he used a bad political practice for a worse one: to personally enrich himself and his cronies.

That is politics at its worst, the definition of cynicism itself, which vaults Loux into the unhappy company of Jim Trafficant and William Jefferson.