Collins’ bid for vote fails

Clark County Commissioner Tom Collins lost a federal court decision in his battle to vote on a contentious road widening project Tuesday, but he says he's not giving up.

However, his legal fight might soon become moot because most county commissioners, impatient with the continued delays, want to postpone the Las Vegas Beltway project and spend the money on other Beltway improvements.

About $140 million is earmarked to widen a northern stretch of roadway between Decatur Boulevard and Tenaya Way.

The judge's decision upholds an order that states Commissioners Collins and Steve Sisolak agreed not to vote on the bids. Collins contends he never agreed to sit out the vote.

It's the latest round in a six-month legal squabble between rival contractors Las Vegas Paving and Fisher Sand and Gravel, which both want the contract.

"We have money, we have projects, we need to work," Commissioner Rory Reid said. "I'm frustrated with the protracted litigation that never ends."

Commissioners received a list of 10 smaller Beltway projects in need of funding. The $140 million won't cover all of them, requiring officials to choose. Such a decision could come in a matter of weeks.

Meanwhile, Collins' legal fight is raising a separate issue: Whether the court has the authority to keep an elected leader from voting if there's no clear conflict of interest.

Collins argues he is being deprived of the right to represent his constituents. He said he plans to pursue further legal action, though it won't be to appeal the judge's decision.

He said he doesn't want to get tied up in appellate court fighting a battle that could become case law.

Fisher, a nonunion contractor, accused Collins and Sisolak of having a pro-union bias after the commission twice awarded the contract to Las Vegas Paving, even though Fisher's bid was $4.6 million less. Fisher bid $112.2 million, and Las Vegas Paving bid $116.8 million.

Although U.S. District Judge Robert Jones found no bias, he signed an order in September that called for Sisolak and Collins to not participate in awarding a contract. The same judge Tuesday ruled that Collins failed to show his constitutional rights would be compromised if he didn't vote on the road project.

Jones stated that he based his decision on federal guidelines, namely whether Collins' liberty and property interests would be infringed upon, said Keen Ellsworth, Collins' attorney.

Jones suggested he lacked the jurisdiction to interpret state law, which more clearly defines a local elected leader's right to participate in public meetings, Ellsworth said.

Rather than file an appeal, Collins could challenge the lawsuit that Fisher filed against the county and Las Vegas Paving, Ellsworth said. Collins would argue that Fisher should not have singled him out with accusations of bias.

If the county mothballs the disputed Beltway project, Collins might opt to drop all legal action, Ellsworth said. "There is no reason to fight after that. He's not out to make a point."

Commissioner Chris Giunchigliani said the "whole litigation is a mess" delaying a needed project. But she said she appreciates that Collins is standing up for elected leaders' rights.

Commissioner Larry Brown asked the county's attorneys to draft a written opinion assuring him that they can cancel the project and bids. He said he wants to get other roadwork under way.

"My personal feeling is enough is enough," Brown said.

Review-Journal writer Mike Blasky contributed to this report. Contact reporter Scott Wyland at swyland@ reviewjournal.com or 702-455-4519.