One-time state pilot fired a second time after new ruling

Wednesday, Oct. 28, 2009 | 2 a.m.

NDOT

The state Department of Transportation looked into complaints by a former state pilot of safety lapses involving Nevada's Cessna Citation, shown in 2006.

Pilot’s grounding costing state time, money (8-20-2009)
Pilot put Gibbons, others in danger (3-11-2009)
Turbulence on the state plane (11-19-2008)

CARSON CITY — A former state pilot who raised disturbing allegations about the safety of the state plane’s operation was fired by the Nevada Department of Transportation last week, after a district court judge ruled the agency was within its rights to terminate him.

Judge James Russell found Jim Richardson had violated department safety standards by not immediately reporting that an intern had over-revved the engine of the state’s Cessna Citation. Russell ruled that the Transportation Department was within its rights to fire Richardson.

The court ruling overturned a hearing master’s decision last year that the state had wrongfully fired Richardson.

During last year’s hearing, Richardson argued that he was wrongfully terminated and alleged that the state’s plane was repeatedly operated unsafely by then-Chief Pilot Gary Phillips. Richardson claimed Phillips had almost run out of fuel while flying state officials.

Phillips was demoted, but remains on the job.

Hearing Officer Bill Kockenmeister ruled that Phillips had committed more serious offenses than Richardson and that there was “substantial, reliable and probative evidence” to support Richardson’s allegations.

But Russell ruled the hearing officer should not have compared the two pilots’ cases.

“There is no support for the (hearing officer’s) contention that all state employees must be treated exactly in the same manner,” Russell wrote. “The law simply requires that a state employee receive the benefit of his/her statutory rights.”

Jeff Blanck, Richardson’s attorney, said he was disappointed by the ruling and would appeal it to the Nevada Supreme Court.

Richardson was fired Friday — soon after the ruling came down — from his Transportation Department job, which was unrelated to the state plane, Blanck said.

In the incident at the center of the case, Richardson waited a day before informing his supervisor that the engine was over-revved and met with a union representative before he did so.

Richardson had argued that he was fired for raising safety concerns about a state program in which interns served essentially as co-pilots on flights ferrying state officials among Las Vegas, Carson City and rural areas of the state.

Transportation Department officials said they conducted an internal investigation of Richardson’s allegations but found insufficient evidence. The department argued that Richardson was fired only for the safety violation.

NDOT director Susan Martinovich has maintained that Richardson was fired solely because of concerns about the safe operation of the state plane.

Discussion: 5 comments so far…

By dhvincent1

10/28/09 at 8:19 a.m.

Suggest removal

"Richardson was fired Friday -- soon after the ruling came down -- from his Transportation Department job, which was unrelated to the state plane, Blanck said."
I see another lawsuit.
If he did nothing wrong in his current job, then why fire him?
By dogma702

10/28/09 at 10:12 a.m.

Suggest removal

Richardson gets what he deserves, money hungry fools. He file all he wants and will get no where with his case. He needs a better Attorney other than Blanck, that guy is an idiot.
By Rick1556

10/28/09 at 10:47 a.m.

Suggest removal

Finally...a fellow pilot with some guts! As the former chief pilot aboard a GS-4, I admire this man's guts in doing the right thing. The sad part is, we as pilots are held responsible for ANY safety issues. Typically, the aircraft owner screams pilot error when there is a crash or safety violation. In this case the State was obligated to correct any (and all) conflicts regarding safety in the operation of this aircraft. But this is circumvented by putting pressure on the pilot, we are not to report anything or we won't have a job anymore. This as been aviation's dirt little secret for many years, existing in ALL types of air travel. Only with public out cry, will this problem be addressed.
Again, my hat's off to this Pilot!!!
By dt0702

10/28/09 at 1:27 p.m.

Suggest removal

I agree with Rick556 This sounds like a case of a whistle blower getting axed for bringing up a saftey concern. This is the way the Gibbons administration works, they like to sweep the dirt under the rug. And Gibbons being a former pilot himself should know better !!
By flyer

10/28/09 at 7:43 p.m.

Suggest removal

Why was State chief pilot Phillips demoted if the state found no evidence of allegations that he allowed his 14 year-old son to fly the state plane and also flew with dangerously low fuel levels? Why is Philliips still flying at all???
This case doesn't pass the smell test! Come on!!!

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