Gov. John Hoeven has recommended the Aeronautics Commission place its director, Gary Ness, on administrative leave for the duration of his legal proceedings.

Ryan Bernstein, the governor's legal counsel, said Hoeven has asked the commission to meet and decide on the matter.

Robert Miller, chairman of the Aeronautics Commission, said he has asked the commission secretary to arrange a meeting to fit everyone's schedule sometime next week. He guessed it would be either July 24 or 25.

Ness has already removed himself from the daily activities of the commission, Miller said, with the staff of the commission taking over his duties for the time being.

"We're proceeding down the pathway that's been recommended to us and we'll go from there," Miller said.

Ness was charged with Class C felony theft after a woman reported to Bismarck police last Thursday that she had accidentally left an envelope containing $1,770 on the counter of Kirkwood Tesoro, which was gone when she returned for it.

Police arrested Ness on Friday after identifying Ness from security tapes as the man who took the envelope.

Ness has been released on personal recognizance.

The director is hired by the commission, whose members are appointed by the governor. Ness was hired in 1986.

"I know (Ness) has a lot of support in the aeronautic community and aviation committee, but ultimately it's the governor's call," said Tom Dickson, Ness' attorney.

The commission does not meet on a regular schedule, only as needed, which varies from month to month. Miller said he estimated they meet once a month on average and have not met since Ness' legal trouble began. When they do meet, he said it will be the first time they will have discussed the matter.

"I don't know how they'll treat it," he said.

After the commission members decide on the governor's recommendation, Miller said the next step would be to appoint some sort of interim administration, which he said he will have some recommendations on.

From there, the commission will wait to see how things play out in court.

"We are waiting to see what happens with his legal situation," Miller said. "Then we'll go from there."

(Reach reporter Chris Rosacker at 250-8254 or at chris.rosacker@bismarcktribune.com.)