Collins sues to have say on contract

Clark County Commissioner Tom Collins shouldn't be barred from voting on a contested highway contract, a lawsuit filed Monday states.

The lawsuit also alleges that an agreement doing just that is part of a "conspiracy" to "gerrymander" the vote on the lucrative contract.

It's the latest legal salvo in the wrangling between Clark County, Fisher Sand and Gravel, and Las Vegas Paving over widening the Las Vegas Beltway between Tenaya Way and Decatur Boulevard.

The project was originally awarded in April, but the legal battle has stalled it since then.

Las Vegas Paving has twice won the contract, even though its bid of $116.8 million was higher than Fisher's $112.2 million offer. Fisher, alleging that the commission is biased toward union contractors, sued to stop the project and have the bid reconsidered.

Last month, a federal judge signed a writ stating that commissioners Collins and Steve Sisolak "by willing agreement" would not participate in future discussions of the disputed contract. Collins, however, contends he didn't agree to anything. The opposing attorneys cut the deal "behind closed doors" and got the judge to impose it on him, he said.

If he sat out of the discussions, it would shortchange the voters who elected him, he said.

"I'm going to represent my constituents," Collins said.

Sisolak said Collins' lawsuit is making him think harder about whether to challenge the writ. He earlier stated that he agreed to recuse himself to move the project forward.

Keen Ellsworth, one of Collins' attorneys, said the goal is to simply have Collins' name removed from the order so he can vote.

Since the commission is scheduled to rehear the matter later this month, though, a vote could be taken before the court takes action.

"There's always that possibility," Ellsworth said. "He'll likely seek to have the vote on that continued until the court hearing is handled. But who knows if he'll be able to get that through."

In rejecting Fisher, commissioners first said some of its subcontractors weren't properly licensed, and then Sisolak called the company an unfit bidder because of a long list of complaints and fines he read at a July 12 meeting.

Attorneys on the case reached an agreement that commissioners would reconsider the bids, but Collins and Sisolak -- viewed by Fisher as overly biased toward unions -- would not vote.

According to the lawsuit, that agreement was reached without Collins' consent. It defames him by calling him biased and unlawfully prevents him from performing his duties as an elected official, and should therefore be voided, the lawsuit argues.

The lawsuit names Fisher, Las Vegas Paving and Clark County as defendants.

"Some combination of them cooperated and conspired to gerrymander the Clark County Commission ... for the purpose of making it easier for Fisher Sand and Gravel to win the bid," the lawsuit argues.

The company still needs a majority -- four votes -- to get the contract, even with Sisolak and Collins out. So far, two commissioners have supported Fisher.

In addition to asking for the agreement to be set aside, Collins' lawsuit seeks injunctions preventing the defendants from interfering with his ability to vote, as well as unspecified damages and attorneys fees.

Collins said he also opposed another part of the agreement. That one requires commissioners to supply Fisher with all the questions before the hearing rather than grilling the company on the spot.

Fisher's attorney Stan Parry pushed for this restriction, and it would set a troubling precedent, Collins said. "This guy is creating a legal nightmare."

Review-Journal writer Scott Wyland contributed to this report. Contact reporter Alan Choate at achoate@reviewjournal.com or 702-229-6435.