(AP) - A former state pilot who raised safety concerns about another pilot has been fired again by the Nevada Department of Transportation after a judge ruled the agency was within its rights to terminate him.
Carson District Judge James Russell last week ruled Jim Richardson violated department safety standards by not immediately reporting that an intern had over-revved the state's Cessna Citation.
NDOT fired him in April 2008 over the incident, but Richardson was reinstated earlier this year pending an appeal after a hearing officer overturned his termination. He was fired again Friday.
After he was fired the first time, Richardson blew the whistle on alleged safety violations by his supervisor, former chief state pilot Gary Phillips. Phillips was later demoted but remains employed.
Hearing officer Bill Kockenmeister in his ruling criticized the Transportation Department for not disciplining Phillips for letting his 14-year-old son fly the state jet, and for flying the aircraft with dangerously low fuel reserves - including once in 2007 with Gov. Jim Gibbons aboard.
"The substantial, reliable and probative evidence in this case clearly establishes that Mr. Phillips committed the ... safety violations," Kockenmeister wrote.
Transportation officials said they conducted an internal investigation of Richardson's allegations but found insufficient evidence. The department argued that Richardson was fired only for the safety violation.
Russell said Kockenmeister should not have compared the two pilots' cases.
"There is no support for the ... contention that all state employees must be treated exactly in the same manner," Russell wrote, adding the law only requires they receive the benefit of their statutory rights.
Jeff Blanck, Richardson's attorney, said he was disappointed by the ruling and would appeal it to the Nevada Supreme Court.