Paving the way for conflicts

On Tuesday, U.S. District Judge Robert Jones ordered the County Commission to reconsider bids for a Las Vegas Beltway project -- and then Commissioners Tom Collins and Steve Sisolak said they won't participate.

At issue is a contract to widen the northern Beltway between Decatur Boulevard and Tenaya Way. In April, commissioners awarded a $116.8 million contract to unionized Las Vegas Paving. They chose the company over non-union Fisher Sand and Gravel, which submitted a bid that came in $4.6 million lower, citing licensing concerns with two of Fisher's subcontractors.

Another judge earlier had ordered the commission to reconsider the bid, and during a July commission meeting, Mr. Sisolak tore into Fisher, alleging it had a history of pollution and job safety problems and tax fraud. The commission again awarded the contract to Las Vegas Paving.

Fisher then sued both the county and Las Vegas Paving, arguing it was denied due process because the allegations were sprung on Fisher representatives, and that the company wasn't given the opportunity to respond to Mr. Sisolak's allegations. Judge Jones agreed and ordered the commission to revisit the contract a second time.

Fair enough. But following the decision, Mr. Sisolak and Mr. Collins apparently agreed to recuse themselves in order to avoid further litigation. This is a bad precedent that the commissioners should reconsider.

The issue with the two commissioners stems from the fact that Fisher attorney Stanley Parry made the lame assertion that because his client believed Mr. Sisolak and Mr. Collins were biased in favor of union shops, they obviously were searching for reasons to reject the company's bid, and therefore should be barred from voting on the matter.

Of course commissioners have biases. Heck, the entire County Commission is in organized labor's camp.

But simply being a pro-union Democrat shouldn't in and of itself be a disqualifying factor -- any more than a being free-market Republican should be grounds for abstaining on a labor contract vote.

It's important that the commissioners, as stewards of the public's money, give careful consideration to the merits of companies seeking a nine-figure contract to build a crucial piece of county infrastructure. The low bid isn't necessarily the best bid, particularly if commissioners have good reason to believe a company isn't capable of meeting deadlines or delivering high-quality work that doesn't have to be redone at greater expense.

The commission will have another opportunity to consider the merits of the Las Vegas Paving and Fisher Sand and Gravel bids. And Fisher will have a chance to defend itself against Mr. Sisolak's complaints.

But Mr. Sisolak and Mr. Collins should step up and represent their districts on this matter, biases or no biases. The threat of further litigation is not reason enough for them to neglect their duties and caving will only invite similar tactics in the future. If voters believe individual politicians have distasteful "biases," they are free to show them the door at the next election.