Nevada justices reverse ruling that allowed firing of state pilot

CARSON CITY — The state Supreme Court has reversed a district court decision that allowed the Nevada Department of Transportation to fire state pilot James Richardson.

The court instead upheld an earlier decision by a state hearing officer who found the pilot "should have been disciplined in a less severe manner" and demoted rather than being terminated.

Richardson was fired as state pilot in 2008 after he failed to notify supervisors about how an engine on one of the state’s planes "over-sped." An over-speeding engine is considered a safety threat by the Federal Aviation Administration. The engine should have been inspected before the plane flew again.

But a state hearing officer, Bill Kockenmeiter, ordered the Transportation Department to reinstate Richardson in 2009, contending his dismissal for a single safety violation was not justified. Richardson had been a state pilot sine 2004 and received satisfactory evaluations.

The agency appealed that decision to Carson City District Court, and Judge James T. Russell decided that Richardson’s termination was justified. Richardson then appealed to the Supreme Court.

In the decision issued Tuesday, justices noted Richardson was fired, although his immediate supervisor, Gary Phillips, was "not terminated for his transgressions." Those transgressions, according to the court, included allowing a 14-year-old to pilot a state plane.

In the decision, the Supreme Court said Russell substituted his judgment for that of the hearing officer and the hearing officer’s decision was "not arbitrary or capricious in any way."

Transportation Director Susan Martinovich was not pleased with the decision, said department spokesman Scott Magruder on Wednesday.

Martinovich is working with the attorney general’s office on what options it has, including whether to make a financial settlement to Richardson, according to Magruder.

Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.