Las Vegas Sun

November 22, 2009

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Judge delays action on 215 Beltway project

Published Monday, Oct. 19, 2009 | 12:55 p.m.

Updated Monday, Oct. 19, 2009 | 1:29 p.m.

A federal judge this morning ordered the Clark County Commission not to vote Tuesday on bids for a $100 million-plus highway project on the northern 215 Beltway.

Federal Court Judge Robert Jones scheduled a Nov. 2 hearing on whether to grant a preliminary injunction that would allow the court to first hear the complaint of Commissioner Tom Collins.

The action suspends Jones' Aug. 25 order that required the commission to review the bids for the widening project between Decatur Boulevard and Tenaya Way.

Collins filed a lawsuit in opposition of a federal court decision, also by Jones, that included Collins and Commissioner Steve Sisolak willingly waiving their right to vote on awarding the contract for the highway project. Collins sued, alleging that Fisher, Las Vegas Paving and Clark County attorneys agreed to keep him from re-voting without ever bothering to consult him on the issue.

The legal maneuvers stem from the County Commission’s repeated refusals to award the contract to Fisher Sand & Gravel earlier this year. Though Fisher had the lowest bid by $4 million, a majority of the commissioners said Fisher was not a “responsible bidder.” They gave the contract to the next highest bidder, Las Vegas Paving.

Fisher sued, alleging it was denied due process and that some commissioners were too influenced by unions that supported Las Vegas Paving.

The commission was scheduled to review bids and possibly award the construction contract at its Tuesday meeting without Collins and Sisolak.

Andrew Smith, Collins’ lawyer, said as an elected official on a board that represents constituents, the question is whether he has a guaranteed right to vote.

Politicians often recuse themselves for conflicts of interest. However, members of the public forcing an elected official to sustain from voting is the opposite of how voting rights have been legally argued before, Smith said.

“It seems to me, once you’ve been elected and have taken the oath of office, you have the right to do your job,” he said.

The initial suit, filed by Fisher, names the county and not any individual commissioner. Fisher filed the suit in April claiming the commission relied on false information in rejecting its bid, which was $4.6 million less than the one from Las Vegas Paving.

After rejecting the bid a second time, Fisher sought an injunction in federal court claiming the commission violated its due process rights by not allowing company representatives a chance to respond to allegations raised during a commission hearing.

However, the deal was reached to allow the commission to review bids a third time without Collins and Sisolak before Jones issued a decision on the injunction.

Discussion: 14 comments so far…

  1. Tom Collins you're an idiot and a worthless politician. You are a despicable politician and you will be voted out come election time. Between you and Reid you two have destroyed Clark County with your liberal ways.

    This lawsuit is just another example of your arrogance and self centeredness. I did go online and research your disclosure statements filed and public records. For someone who doesn't make much money the real estate holdings, hum? Something up?

    Also the donations made to you over the years, again public information. Seems that donations made could lead credence to what others think about you.

    I for one find it amazing how public officials create so much wealth and assets when the income reported and the pay scale they make isn't that much. It's like Charles Rangel, smells like a duck, looks like a duck, walks like a duck, it a duck.

    I hope come November 2, 2009 the public has enough mud on you and the door is slammed on you and your suit. You have caused enough damage to the citizens here and you are not welcome here anymore.

  2. Even union supporters don't usually go to such visible lengths in public to flex their control over politicians. Apparently the unions think in the age of Obama is doesn't matter any longer to keep their ownership of elected officials under wrap.

  3. Collins is a real candy cowboy. Where I am from, a cattle ranch, we laugh at the Collins wannabees.

  4. "commissioners said Fisher was not a "responsible bidder."

    That is code for not Union.

    The Judge found that "company representatives a did not have chance to respond to false allegations raised during a commission hearing."

  5. I didn't know that the Judicial Branch could tell the Legislative Branch to stay home.

    Could the Legislative Branch tell the Executive Branch to stay home?

    How about the Executive Branch, can they keep the Judicial Branch from showing up?

    Wasn't there some kind of Document that clears this up?

    Oh, what's that you say?

    It begins with a "C" and ends with -"onstitution"...?

  6. Mr. Tom Collins, I appreciate the work you're doing for us. I am a proud Union Member of 24 years, local 12 and I for one can't thank you enough for all you've done for us over years and for taking one for the team. Come reelection time, I for one will give what I can.

  7. cat657-weak people like you need the union goons to look after you because you are too stupid to take care of yourselves. Unions are for the scum of the earth.

  8. jlb101:

    But not for Tom and his vote on the project, it could be swayed away. I do appreciate a return on the donation. At least I can see how the Union is doing their part; it works for me.

  9. Unions were created (over 100 years ago) to see that all working people were "justly treated" by their employer.

    Today's labor laws have filled the gap. The U.S. no longer needs unions.

    The unions have grown into a machine that cause more harm (politically and financially) than good, to both the employee and the employer.

    Only the unions, themselves, benefit from their existence.

    Get rid of unions.

  10. Unions are needed more today than at any other time in our country's history. The stronger unions become, the stronger the middle class will become and that is a good thing for America.

    The eroding of unions in this country is exactly what has caused the eroding of the middle class.

  11. More right wing lies from the idiot neiman and his ignorant buddies. The bottom line is Fisher is not a fit bidder. Fisher has failed to complete other jobs, has a tax issue with IRS as well as OSHA issues. For all of the nit wits who ridicule Collins lets see where they are after Fisher gets the contract and fails to complete the work and now the tax payers have to issue more contacts at a much higher price to finish the job.
    All of the unnion haters sem to forget that Las Vegas Paving hires local workers who spend their money here in Las Vegas. Of course these stupid right wing extrememsts only know how to tell lies and not see the whole picture.
    Collins may have his problems but he is looking out for the tax payers here.
    Neiman only knows what Fox News, Rush and extremest idiots tell him. By the way he does not work,he rides his skate board all day until his caretaker calls him to meals.

  12. jlb101 You are a pathetic, mentally ill fool. Anyone who writes such viles words needs to be institutionalized. What a pitifull human being you are. I do not belong to a union but have been alive long enough to know and to have seen that without unions every employee in America would not enjoy most of the rights they enjoy today at their work place. The fact of the matter is there is no place for hate mongering scum who write the kind of words you do. Get some mnetal health help immediately.

  13. Future Do some resaerch on Fisher from North Dakota then tell me what 'code'is for responsible bidder. Fool.

  14. Homer:

    You are making a claim that is false. What projects have not been completed by Fisher?

    It is people like you that need to be removed from society. You are the problem with America today; you are a left winged nut case.

    I would tend to think that Fisher will attain your IP address and file a suit against you for making a false allegation and to make an example of you. They probably know that you don't have a red cent since it is obvious you're a democrat but to enable you liberals to lie as you do and get away with it more than likely won't be tolerated. It is people like you who have and continue to destroy America from within and need to be silenced.

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