Associated Press

North Dakota's Aeronautics Commission Director Gary Ness, who is facing a felony theft charge, has been placed on leave with pay.

The five-member Aeronautics Commission voted unanimously to put Ness on leave and review his employment status again during the first week of September. The commissioners named Mark Holzer, an aviation planner, as interim director.

Ness has not been back at work since he was arrested July 11. A staff member says Ness is taking vacation. He is paid $77,406 annually.

Ness is accused of taking an envelope with $1,770 in it from the counter of a Bismarck gas station. He faces a theft charge that carries a maximum penalty of five years in prison and a $5,000 fine.

Ness' preliminary hearing is scheduled for Aug. 20. He's been released from jail on his promise to show up for future court dates.