Judge sets hearing in Loux case

By Cy Ryan

Monday, Sept. 15, 2008 | noon

CARSON CITY – Bob Loux, head of the state agency fighting the Yucca Mountain repository, has been ordered to appear in district court on Wednesday in the suit to remove him from his post for illegally increasing his pay for the past four years.

Loux says he has hired an attorney to represent him in the suit filed by conservative columnist Chuck Muth, who identifies himself as president of Citizen Outreach.

Muth also asked the U.S. Justice Department to investigate Loux. In a letter to the public integrity section, he wants to see whether Loux misused the federal funds that flow to that office. The office is supported by both state and federal funds.

Loux says he intends to fight the civil complaint and also the complaint filed against him by Assembly Minority Leader Heidi Gansert, R-Reno, who filed her complaint with the Ethics Commission.

District Judge William Maddox set a court appearance date of Sept. 29 for the case. The law says the judge must within 5-10 days, set the first hearing. And the second hearing must be held within 20 day. The removal suit was filed on Sept. 11.

Gov. Jim Gibbons has asked Loux to resign. But it will be up to the Commission on Nuclear Projects, to whom Loux answers, to decide the fate of the director who has served since the agency was created in 1975. The projects commission meets Sept. 23.

The governor appoints the director but the decision whether to retain him is up to the commission, which is appointed by the governor.

Former Sen. Dick Bryan, who is also a former governor, is head of the commission and he says he doesn’t think Loux should resign. Bryan was the first governor to appoint Loux, who has served under both Democrats and Republicans governors.

The law says any persons found guilty of malpractice or malfeasance in office may be removed if the action is verified in a complaint to the district court. It says that if the district judge finds cause to remove the officer, the individual may appeal. But he may not hold the office during the appeal.

Research by the governor’s office shows Loux earning $151,542 this fiscal year or 32 percent above the authorized $114,088. Loux gave himself and his staff extra raises for at least the past four years.

Loux told the Legislative Interim Finance Committee that one of his six workers had left the agency and the other employees had to do extra duty. So he divided the pay of the vacant position among the employees who were on board.

Cy Ryan may be reached at (775) 687 5032 or [email protected].